Security guard in case of closed shelter is released from custody

The Kyiv Court of Appeal has changed the pre-trial restriction applied to Vadym Moshkin, the security guard in a case in which people were killed in a missile strike due to a shelter door being locked. Instead of being held in a pre-trial detention centre, he has been placed under overnight house arrest.

Source: Suspilne coverage from the courtroom; Nadiia Maksymets, spokesperson for the Kyiv City Prosecutor’s Office, in a comment to Ukrainska Pravda

Details: The decision was made on Thursday 29 June.

The appeal against the decision to remand Moshkin in custody was filed by his lawyer, Serhii Morhun.

Morhun said the risks were unsubstantiated, given that the suspect has no opportunity to influence witnesses and no plans to hide from the investigation.

The defence lawyer also noted that the suspicion is unfounded, since the security guard should not have been given the official responsibility of opening the shelter.

Quote: "There is an order stating that Moshkin is obliged to open up the shelter, but he was never made aware of this order. Nor was the speed of events taken into account. Moshkin had five minutes to open the door in total. He didn't hear the air-raid siren at first. The management had not organised the premises in such a way that he could hear the siren."

More details: Vadym Moshkin himself pleaded guilty. "I have to be responsible for what happened. You can't be a bystander at a time like this," he said.

Nadiia Maksymets, a spokesperson for the Kyiv City Prosecutor's Office, commented on this decision for Ukrainska Pravda.

Quote: "Changing the pre-trial restriction will in no way affect the course of the pre-trial investigation, since the risks that existed when the previous pre-trial restriction was selected have been minimised.

As part of the pre-trial investigation, searches have now been conducted, including at the suspect’s place of residence, which eliminates the risk of evidence being destroyed or distorted, documents have been seized, witnesses and victims have been questioned, and forensic examinations have been appointed.

In addition, in order to ensure proper procedural conduct, the court has assigned a number of obligations to the suspect with which he must comply."

Previously:

• On the night of 1 June 2023, three people, including a 10-year-old child, were killed in the Ukrainian capital during a missile attack by the Russian invaders. Some people had tried to get into a shelter at a clinic in the Desnianskyi district, but the door was locked.
• Criminal proceedings were initiated. The court selected pre-trial restrictions for the four suspects involved in the case, and Moshkin, the clinic’s security guard, was remanded in custody for two months without bail.
• The Prosecutor's Office even provided an explanation as to why the security guard was put in a pre-trial detention centre while the officials were only placed under 24-hour house arrest.

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