Episode 19 – The Protocols of the “Mafia State”

Those who instrumented the file of the attack at Râul Alb worked openly in favor of my aggressors. Immediately after the Prime Minister’s “order,” the prosecutors ordered, “precisely and on time,” the transfer of the file to the General Prosecutor’s Office, a move that was made with an out-of-the-ordinary speed. The prosecutors involved give the impression that they are in a competition of servility from which Augustin (“Taica”) Lazăr stands out, at the time only the chief of the Court prosecutors at Alba. The clearly biased reaction of the “officials” encouraged the aggressors to lie that we attacked them “instantly” and that I had thrown myself in front of the car “to end my life.” These absurd claims come from some who pretend to defend the interests of civil society and the life of the Planet, even though they do not give two cents for the life of a man (video 19.1).

Before being transferred to the General Prosecutor’s Office, the file was “intercepted” by Augustin Lazăr, who issued the order to take over the file from Hunedoara a day faster than Prosecutor General Tiberiu Niţu. The promptness with which “Taica” Lazăr made himself useful to the system became explainable after the denunciation of the illegal protocols of 2009 and 2016, concluded between the force institutions. Moreover, Lazăr is the prosecutor general who widened the sphere of the illegal protocols, giving some environmental NGOs the right to participate in criminal investigation activities. “How is it possible for the PICCJ to have an agreement with someone who files complaints, denunciations, or notifications regarding the commission of crimes?”, the journalists of Lumea Justiţiei wondered” (art.1). The attempted murder at Râul Alb demonstrated that the “investigators” co-opted by Augustin Lazăr into the criminal investigation could also be perpetrators of the crime… Lazăr was the Prosecutor General of Romania in the period 28 April 2016 – 27 April 2019. Throughout his entire mandate, the file of the attack committed by the “NGO members” against me stayed “under investigation,” even though two dispositions of the judge of Rights and Liberties were pronounced, by which the prosecutors were asked to send the case to court.

The Odyssey of the Cover-Up

The file of the attack at Râul Alb passed through the hands of four case prosecutors, each of them with a controversial professional history. The first two prosecutors worked assiduously in favor of my aggressors, seeking to dismiss the case. Herban Dorel, the first case prosecutor, began the investigation “IN REM,” even though he knew the perpetrator of the attempted murder before taking the first statements. The same prosecutor omitted to order the immediate seizure of the cameras with which the filming was done, even though from Andrioni’s statements it results that he would have viewed the footage on the evening of the attempted murder. About Herban Dorel we know that he began his career as a Militia non-commissioned officer and retired as a prosecutor, immediately after our file was taken over by the Prosecutor’s Office attached to the I.C.C.J. Herban became “famous” for the case of the death of a Romanian citizen, killed in a road accident by a Bulgarian driver, an employee of a firm in France. The case reached the ECtHR and the Romanian state was condemned on the grounds that the investigation and the way in which the trial was conducted had been excessively delayed, a solution being pronounced only seven years after the road accident occurred.
On 03 June 2015, the Directorate of Criminal Investigations within the IGPR, through letter no. 366.198/S1/M.C./2015, requests the leadership of the Prosecutor’s Office attached to the High Court of Cassation and Justice (PÎCCJ) to take over file no. 426/P/2015 from the Prosecutor’s Office attached to the Hunedoara Tribunal. On the same day of 3 June 2015, Gavadia Emiliea Elena – chief prosecutor of a Bureau at the General Prosecutor’s Office, proposes to the Prosecutor General the takeover of file no. 259/P/2015 from the Alba Iulia Court of Appeal. Before being transferred to the General Prosecutor’s Office, the file was “intercepted” by Augustin Lazăr, the chief of the Prosecutor’s Office attached to the Alba Court of Appeal, who issued the order to take over the file from Hunedoara on 3 June 2015, a day faster than Prosecutor General Tiberiu Niţu. On 4 June 2015, Tiberiu Nițu – Prosecutor General of Romania, orders by order the takeover of the file at the PÎCCJ. On 5 June 2015 the file was registered with no. 277/P/2015 at the PÎCCJ (doc.1). Up to here, we observe an excessive haste for the takeover of the file by the Prosecutor’s Office attached to the I.C.C.J., after which there followed…

Six Years of Delays at the Prosecutor’s Office

Gavadia Emiliea Elena, the second case prosecutor, re-heard the witnesses on 18.06.2015. As in the first deposition, Andrioni Alin declared that I jumped on the hood of the car: “I know that I turned right in front of the BMW and then once more to the right, in order to enter the forest road. At one point, I noticed a man who jumped on the hood from the left side and climbed onto the hood. Due to the fact that the road was rough, I drove only in first gear, accelerating only at the moment when I headed facing the locality...
I filmed approximately 55 seconds during the event with my mobile phone, including during the maneuver of exiting onto the forest road” (doc.2).

Under the motto “I am not interested…”

After the spinal surgery I was transferred to Vienna, where I stayed four months admitted to intensive care and, then, to a post-operative recovery center. During this period the family kept me far from the slanders launched against me. In September 2015 I returned to the country and saw the films and articles posted by the “environmentalists” in the media. The event was presented exactly the other way around: we were described as aggressive “underworld figures” who “attacked them without right of reply” the young activists. I asked the lawyer to make me a copy of the criminal file, and the surprise was enormous when I saw that the criminal investigation was constructed exactly on the lies of the “activists.” I informed prosecutor Elena Emiliea Gavadia, through the lawyer, that I had returned to the country and that I wish to be heard. The hearing took place in Deva on 19 January 2016. Shortly after I began to relate the state of facts that led to the commission of the attempted murder against me, the prosecutor interrupted me and told me that she knows that the events did not unfold that way. She maintained that the event occurred spontaneously and that it was a brawl. I explained to her that:– Andrioni and his group harassed me for 6 months before the incident, coming repeatedly to the site with the aim of stopping the work on the two micro-hydropower plants;
– The “brawl” and the violence broke out after I was run over by the jeep piloted by Andrioni;
– He was
not assaulted, not attacked, none of his friends was assaulted prior to the commission of the deed, and two of them were assaulted afterward precisely as a consequence of the fact that Andrioni drove the car over me.– I requested that it be recorded that the projects I was carrying out concerning the two micro-hydropower plants were
in full legality, being duly approved by all the national institutions involved, an aspect known by the “environmentalists” as well;– At the moment of the incident I was not carrying out works at these objectives.
At that moment prosecutor Gavadia refused to record any longer what I declared, saying that:
“The harassment to which you were subjected does not interest me”; “I cannot take this aspect into account because from my point of view what happened there was a spontaneous thing”; “I exclude a premeditated act”; “I am interested only in what happened on that day, I am not interested in other aspects”; “I am not interested that he did not stop at the scene of the accident and left the scene”. I knew from the lawyers that during the hearings of the witnesses no recording equipment was used, and I recorded by myself the statement that I gave before the prosecutor. The biased attitude of the prosecutor determined me to formulate a request for recusal, which request was not taken into account by the hierarchically superior prosecutor.
The criminal investigation continued “IN REM” for one year, even though there was sufficient evidence in the file that proved who the perpetrator of the attempted murder is. On
14 March 2016 I made a new request to the case prosecutor in which I showed that there is no justification for suspending the criminal investigation against the person (doc.3). In the end, on 09.05.2016, prosecutor Găvădia informed Andrioni Alin Constantin that he has the capacity of suspect for the commission of the attempted crime of murder, according to art. 32 in relation to art. 188, para. 1 and 2 PC. Each action ordered by Gavadia Elena Emiliea against Andrioni was a consequence of my repeated notifications, complaints, and challenges regarding the delay in the resolution of the file. The initiation of the criminal action is not only a right of the prosecutor, but also an obligation of his, but Gavadia demonstrated in my case that she had other obligations above the professional ones.

Events with Devastating Potential

On 13 October 2016 prosecutor Găvădia ordered a new forensic medical expertise to be made on me (doc.4). For me a trip to Bucharest was overwhelming, given the condition I was in. I was in the most serious situation of those described by the doctors as being “with devastating potential for the patient,” and I requested to do the expertise at an authorized center closer to home. I had not asked for a favor to be done for me, it was a fully legal and humane request, but the request was rejected without any explanation. By comparison, Păun Gabriel, who had taken a few punches after I was run over by the car, was allowed to do three expertises at Hunedoara. I am sure they were trying to humiliate me by all possible means and were even striving to show me that they were doing so…
When she requested a new expertise, obligatorily made in Bucharest, prosecutor Gavadia had in the file all the medical documents that I received on discharge from the intensive care section of the hospital in Austria, including X-rays from which it results that I had fractured ribs following the car being driven over me. This evidence was ignored by the INML Bucharest. The new expertise was meant to erase the traces of the fractures, to make those calluses that show that I had fractured ribs somehow disappear, in order to refute that the car drove over me. But the medical arrangements could not erase the traces left by the wheels of the vehicle on the clothes I was wearing when I was run over by the car.

It Cannot Be Clearer Than This

On 30.05.2017, Andrioni Alin declared in his capacity as suspect: “I mention that I had no speed, I was in first gear,… …I noticed at one point one of the persons coming from the right side of the car, passing in front through the left side, after which he plunged onto the hood in front of the driver. At one point I no longer saw that person. I continued my movement, during which time those persons continued to hit the car, the lady who was accompanying me was screaming and was very frightened. During all this time I held in my right hand the mobile phone that I later handed over to the prosecutor, and the lady on the right filmed with the video camera” (doc.5). From all the evidence, including from the perpetrator’s statements, it results that I was on the right-front part of the car when it turned to the right. I had NO way to “plunge onto the hood” from the left side. In fact, I simply did NOT manage to get out of the car’s path because Andrioni accelerated when he turned toward me. Clearer than this… On 11 August 2017, I challenged in court the excessively long duration of the criminal investigation, and on 25 September 2017, a judge of Rights and Liberties within the Hunedoara Tribunal summoned the case prosecutor to finalize the file
(doc.6). At that time, even though more than two years had passed since the commission of the deed, the Prosecutor’s Office had no defendant in the file. The judge set a term of eight months for finalizing the file, but the prosecution had not put anyone under accusation even at the expiry of the term fixed by the court, namely 26.05.2018. Prosecutor Gavadia retired on 14.05.2018, 12 days before the term in which she was obliged to give the solution of sending the “suspect” to trial, and the file was passed to another prosecutor.

In the Hands of a “Teleported” Prosecutor

Gavadia Emiliea Elena is part of the “batch” of prosecutors teleported “out of turn and overnight” (with the circumvention of the promotion exams imposed by law) to the prosecutor’s office attached to the ICCJ in July 2012. It is about: “the promotion to the criminal section of the ICCJ of a notable number of prosecutors and judges with tribunal rank. These two categories were mentioned distinctly because their vulnerability through the indebtedness of promotion above the court of appeal level (in the case of judges), or the suspicion of promotion as a mole (in the case of prosecutors), was real.”¹)

I believe I am entitled to ask myself the question that more people have asked: can these prosecutors be “hooked” by their chiefs through this incorrect manner of promotion, which ensures them exaggeratedly large pensions, depending on the last salary including all bonuses? How is it that files that scandalize public opinion end up in their hands? Attention!!! I want to be well understood: it is not the large salaries and pensions in the magistracy that bother me, as long as I know that they are taken by those who have demonstrated that they are honest and care about the honor of the profession and of the institution they represent. What bothers me very much are those who, out of greed, accept to enter the dirty games of the oppressive system. For me it is obvious that in the first three years of investigation, the investigators sought the dismissal of the file. After the retirement of prosecutor Gavadia, the delay in the resolution of the attempted murder case with serious consequences continued.

The file of the attack at Râul Alb did not fall “by chance” precisely into the hands of these controversial prosecutors. The so-called “coincidences” demonstrate that the Secret Protocols between the Prosecutor’s Offices and some NGOs are current and manifest themselves. In my case, Herban, Gavadia, and “Taica” Lazăr did not manage to carry out the order of Prime Minister Ponta. There followed two other prosecutors skilled at cover-ups of cases.

Notes:

¹) “The Night of Romanian Justice 2005-2020,” by Ion Popa, UNIVERSUL JURIDIC publishing house, 2020, p. 59