Khodorkovsky, Lebedev lawyers want Apatit charges quashed

Moscow. (Interfax) - Lawyers representing former Yukos CEO Mikhail Khodorkovsky and Menatep head Platon Lebedev have filed their third plea with Moscow's Meshchansky Court asking it drop charges claiming their clients stole a 20% stake in the Apatit fertilizer producer as the statute of limitations has expired.

When presenting the plea, Khodorkovsky's lawyer Genrikh Padva said the statute of limitations for this crime expired in July 2004, an Interfax correspondent reported from the courtroom.

"As both the prosecution and the defense have submitted all evidence, the defense teams of both Khodorkovsky and Lebedev file for the third time a request to close the case of a fraudulent takeover of Apatit's shares," he said.

"Both Khodorkovsky and Lebedev are charged with having done so in July 1994. This crime is regarded as grave, but 10 years after having committed it, a person is not supposed to face criminal charges," Padva said.

"We are not speaking of whether the crime was committed, but say that the statute of limitations has expired. This request cannot under any circumstances be construed as admission of Khodorkovsky's or Lebedev's guilt. Both have repeatedly said they are not guilty. What the defense calls for is the observance of legislation," he said.

"Once the period specified by law has expired, the state cannot legally bring charges," Padva said.

Khodorkovsky has said: "I support the defense's plea. I do not plead guilty of this or any other counts of charges. Furthermore, in my view, enough evidence has been presented to prove that I did nothing wrong."

"The circumstances under which I have lived for a year make me agree with closing the case on these grounds," he said.

Lebedev also supports the plea, while a third co-defendant, Andrei Krainov, said the matter is for the court to decide.

(From Interfax, 9.11.2004)