Bulgarian rhapsody

NT man on drug charges caught between courts

A TERRITORIAN facing drug charges in Bulgaria is still waiting for his case to be resolved.

Businessman Garry David, from Darwin, is waiting to have hhis appealheard in the Bulgarian Supreme Court.

An appeal court recently upheld Mr David's original conviction for trafficking controlled medicines.

Mr David successfully appealed his initial conviction.

But the court sent the case back to the Appeal Court of Varna, which reinstated the trial court's original decision.

Mr David said he has to wait until the Supreme Court will hear another appeal about the case.

He remains on appeal bail and is living with his family in Varna in the country's north, Mr David said his case was being carefully watched by the European Union's (EU) enlargement office.

Representatives from the office contacted him saying their concerns about the Bulgarian justice system may delay the country's acceptance into the EU.

Mr David's case is being used by the EU as an example of problems within the system.

If his conviction is upheld, Mr David would have to serve 10 years in prison.

He already had spent time in a detention centre when the case was first being investigated.

Police arrested Mr David in 2002 claiming medicines had been found in cigarettes packeages he was sending to the US.

He was convicted but the Supreme Court set aside the conviction last year.

Mr David said the Appeal's Court's decision was "absurd" and contradicted earlier judgements. "It is a ridiculous situation." He said. "The Bulgarian Supreme Court finally resolved many legal issues in my favour yet the Appeal Court overturned these - in effect they perverted justice and violated the principle of 'legal certainty'."

Mr David said the prosecutor had asked for his 10-year sentence to be set aside but the court had rejected the submission.

He said he was heartened to hear the EU was interested in the case.


Newshawk: http://www.napnt.org
Pubdate: Tuesday, 24 January 2006
Source: Northern Territory News (Australia)
Email: ntnmail@ntn.newsltd.com.au
Website: http://www.ntnews.com.au