The President of Georgia was urged to pardon the chief government critic
The Georgian Ombudsman has reviewed the judgement of May 16, 2022, in which judge Lasha Chkhikvadze declared Nika Gvaramia guilty. As a consequence of examining the verdict, the public defender has determined that both the conviction and the sentence are based on erroneous logic. Therefore, the ombudsman urges President Salome Zourabichvili to utilize her pardoning power.
According to the verdict, Nika Gvaramia affected Rustavi 2 by altering the conditions of the contract for the sale of advertising during his tenure as the business's manager in 2015, preventing the company from receiving further money.
The Public Defender asserts that no entrepreneurial choice can be the subject of a criminal evaluation by the state. According to the ombudsman, the penalty of a person for a regular business choice contradicts the most important part of the principle of legality, namely the foreseeability of the law.
"Unfortunately, the court does not consider all the circumstances in which a breach of fiduciary duty gives rise to a crime and determines immediately that the director not only breached the fiduciary duty but also committed criminal and negligent conduct." “The public defender reiterates that it is inadmissible to punish a manager for a choice he or she takes when the court fails to prove his or her personal interests, fraud, or other criminal action," the advocate stated.