The RA Criminal Court of Appeal made a decision on granting the appeal filed by the RA  Prosecutor's Office and send the appeal on the criminal case connected with the murder of Poghos Poghosyan at "Aragast" cafe on the night of 24 to 25 of September 2001 to the Court of First Instance for a new trial.

 

As we had already reported, the Prosecutor's Office of Yerevan City examined the criminal case on of the murder of Poghos Poghosyan at "Aragast" cafe on the night of 24 to 25 of September 2001 heard in the First Instance Court of General Jurisdiction, the application of Steven John Newton’s representatives, the documents attached to it.

 

As a result, it was found out that on 25.09.2001 Aghamal Harutyunyan, an employee of the Ministry of National Security of the Republic of Armenia, was found guilty of committing a negligent murder under Article 103 of the former Criminal Code of the Republic of Armenia in a criminal case initiated according to Article 100 of the former Criminal Code of the Republic of Armenia. The court considered proved the fact that on September 25.09.2001, at around 00:30, there was a mutual beating between the latter and P. Poghosyan, at the toilet of "Aragast" cafe in Yerevan during which P. Poghosyan was in a state of alcohol consumption, during which P. Poghosyan fell on his back, hit the tiled floor of the toilet with his head, after which he died of  grievous bodily injury. According to the verdict of the Court on February 21, 2002, the defendant Aghamal Harutyunyan was sentenced for 2 years imprisonment, at the same time, the sentence was not applied conditionally, a probation period of 1 year was applied.

 

In regard with the above-mentioned application addressed to the RA Prosecutor General by Steven John Newton’s representatives and the examination of Newton's statement on the above-mentioned incident showed that the statement contained important information on the case including intentional murder by a group of people motivated by hooliganism.

 

In other words, such new circumstances have arisen which may prove that the person convicted for the case has committed more serious crime - murder in aggravating circumstances, than the one for which he was convicted which also testify that other people were involved in the commitment of crime.

 

Taking into account the above-mentioned, in order to review the judicial act on the criminal case initiated on the fact of P. Poghosyan's death in the light of the new circumstances, a corresponding proceeding was initiated in the Prosecutor's Office of Yerevan City and was sent to the Investigation Department of Serious Crimes of Yerevan City of the RA Investigative Committee.

 

A number of actions were undertaken during the proceeding, witnesses were interrogated, who confirmed the fact that Poghos Poghosyan was beaten by several people. John Steven Newton was interrogated too, who gave similar testimony to the above-mentioned evidence.

 

Forensic and medical examination has been appointed, the outcomes of which differ significantly from the data of the previous criminal case.

 

The mentioned circumstance, in combination with other factual data obtained in the criminal case, including the testimonies of the persons interrogated in the case, prove that a group of people punched and kicked Poghos Poghosyan on different parts of the body, especially on the head, causing a closed craniocerebral injury.

 

That is to say, in the result of the initiated proceedings, new circumstances have been obtained which, together with the previously clarified circumstances prove that a group of people committed more serious crime - murder in aggravating circumstances than the one for which the person was convicted.

 

Based on the above, the RA Deputy Prosecutor General filed an appeal to the RA Court of Appeals on January 17, 2020, to review overturn the verdict made on February 21, 2002 based on the new circumstances and completely and send to the respective lower court for a new trial.

 

Thereafter on July 6, 2020 the RA Criminal Court of Appeal granted the RA Deputy Prosecutor General A. Harutyunyan's appeal and the verdict of February 21, 2002 was overturned, and the case was sent to the Court of General Jurisdiction of Yerevan City for a new trial.

 

At the same time, by the court decision, signature to not leave the country was chosen as a preventive measure against Aghamal Harutyunyan.