One of the first reason refers to the article published by Judge Camelia Bogdan on the Telepathy file before the reasoning in this case was made public. The article did nothing but put pressure on the judiciary to resolve the complaint for annulment.
"By publishing this material, she has committed an unprecedented action of interference in the work of judges to settle the complaint for annulment which we have files", the request for displacement reads.
Dan Voiculescu’s request is based on the suspicion that the judges impartiality in the Bucharest Court of Appeal could be affected.
"I appreciate that the Bucharest Court of Appeal has created a unfavorable environment for justice to be served, considering the intense media coverage of the subject", the motivating for the application says.
Dan Voiculescu recalls about the arrest of Hon. Stan Mustache, even before entering the court room to judge the Telepathy file. DNA transcripts show the pressures that the judges of the Court of Appeal were subjected to on solving this case. The other member of the panel sworn in to hear the case, Florică Duta, retired.
The direct appointment of the panel judges who judged the appeal is the third reason why Dan Voiculescu requires the relocation of the file. With the appointment of judges Camelia Bogdan and Alexandru Mihalcea the principle of random distribution was violated.
Moreover, the application for the file relocation also shows that the chief prosecutor of DNA Codruţa Kovesi, through her statements, has put pressure on judges of the Court of Appeal and asked for the speed up of the case’s resolution without a legal justification thereof. Kovesi did not answer the public question by Dan Voiculescu on how she calculated the prescription period of the file.
Dan Voiculescu’s request is supported by the elementary principles of human rights.