Murder in Pliushchivka: the appeal court overturned the lower court’s ruling and remanded the suspect in custody without bail

The Mykolaiv Regional Court of Appeal has overturned the decision of the court of first instance regarding the imposition of a preventive measure on Viktor Prokopchuk, the head of the village of Plyushchivka, who is suspected of murder. The man has been remanded in custody without the right to bail.

This was reported from the courtroom by a correspondent for NikVesti.

It should be noted that, by a decision of the Bashtanka District Court dated 18 March, Viktor Prokopchuk was arrested with the possibility of posting bail in the amount of over 290,000 hryvnias, which was paid the following day.

The appeal lodged by the Mykolaiv Regional Prosecutor’s Office was heard by judges Oksana Kutsenko, Olena Farionova and Nataliia Shamanska.

At the start of the hearing, prosecutor Artem Shynkaruk noted that during the proceedings presided over by Judge Vitalii Muruhov at the Bashtanka court, the evidence had not been fully examined. Judge Oksana Kutsenko asked the prosecutor to substantiate his position and provide grounds for a re-examination.

«We believe that the court made its decision without properly examining this evidence,» said the prosecutor.

«Why is it improper?» asked Judge Oksana Kutsenko.

«As stated in the appeal, the court drew conclusions that were inconsistent with the facts of the case, namely the factual circumstances of the case are the witness’s testimony».

«Provided that the circumstances were not fully examined by the court of first instance. Were they fully examined?»

«Fully, but we believe they were examined improperly».

Ultimately, the panel refused to order a retrial. Moving on to the court proceedings, the prosecution requested a change in the preventive measure. The prosecution insisted on this, arguing that it could create the impression in society that conflicts can be resolved by force in this manner.

«All the circumstances described in the investigator’s motion, taken together, indicate the deliberate and premeditated nature of the crime with which the suspect is charged, which, in the prosecution’s view, precludes the possibility of setting bail when choosing a preventive measure in the form of detention. This is a particularly serious offence involving the use of a firearm and, accordingly, if we refer to the report from the scene of the incident, at least three shots were fired, which in itself significantly increases the danger to society posed by the offence,» clarified prosecutor Artem Shynkaruk.

The defence lawyers contested the prosecution’s position, emphasising that Viktor Prokopchuk himself had called the police and reported the crime. Furthermore, he highlighted his strong social ties with the local community, noting that he had handed over his passport and was not in hiding from the authorities.

Prokopchuk’s second defence lawyer added that the prosecution is effectively proposing the automatic application of pre-trial detention due to the seriousness of the offence and considers that bail cannot be granted where a weapon has been used.

«However, the European Court of Human Rights has repeatedly noted that the automatic application of pre-trial detention contravenes Article 5 of the Convention. It should also be emphasised that judicial practice has repeatedly stated that the seriousness of the offence in itself is not grounds for detention without bail,» said the lawyer.

It should be noted that the victim’s legal representatives were also present in the courtroom — the interests of the family of the deceased Svitlana Vanzhula are represented by the law firm «Tymoshyn and Partners».

After deliberating in the judges’ chamber, the panel of judges overturned the decision of the court of first instance. Viktor Prokopchuk will remain in custody until 15 May without the right to bail.

Murder in Pliushchivka

The tragedy occurred on 17 March at the village council offices in the village of Pliushchivka, Bashtanka District, Mykolaiv Region. The investigation stated that on that day, a conflict arose between the village head, Viktor Prokopchuk, and his assistant, Svitlana Vanzhula, due to a long-standing hostile relationship. During the altercation, the man took a sawn-off shotgun and fired at least three shots at the woman. She died at the scene from her injuries.

The following day, 18 March, village head Viktor Prokopchuk was remanded in custody with the possibility of bail set at over 290,000 hryvnias. Bail was posted for him just one day later, on 19 March.

On 20 March, the prosecutor’s office announced that it intended to appeal the court’s decision regarding the preventive measure for the village head of Pliushchivka.

The mayor of Bashtanka, Oleksandr Berehovyi, had previously commented on the incident. He refuted the suggestion that the cause might have been an alleged ‘unauthorised usurpation of power’ in the village during the village head’s tenure. According to him, upon his return, Viktor Prokopchuk resumed his duties without hindrance, and the question of his dismissal was not raised.

NikVesti has learnt that a week before the murder, the victim reported to the police that the village head had brought a shotgun to work, but the police took no action. He kept the weapon itself in his own hiding place — inside a sofa.