Independent Court resurrects charges against Mitko Karate

As
we wrote
recently, to Mitko Karatista, the former owner of
Delta Guard
, it’s pretty good. At the end of December, a panel of the Supreme Administrative Court suspended the case for the revoked license of Delta Gard and Make asking the Constitutional Court whether provisions of the Private Security Act (PSCA) do not contradict the Basic Law. Not bad, now we’ll wait about a year to find out the answer. Meanwhile, Delta Guard will continue to work – at full speed. People like Frantisek, Petyo Euro and Kiril Peychinov will be able to continue to rely on their services for wet orders in the style of “The Eight Dwarfs“.

We recall that the reason for the revocation of the license of the security guards from the Ministry of Interior was the fact that the co-owner Dimitar Spasov (Karatetista) proved to be accused of racketeering and extortion. The Burgas Regional Prosecutor’s Office conveniently (too convenient!) has not submitted to him the decree of indictment for many years. However, the proactive actions of Minister Demerdzhiev at the end of 2021 highlighted this strategic prosecutorial “distraction”. In order to provide further light on the case, BIRD continued to explore what it was all about. We first We reportedIn October last year, the prosecutor’s office quietly terminated the pre-trial against Karate, apparently in order to help him win the license case at last instance. Unfortunately for the prosecutor’s office, however, the legislature has provided for judicial review on such terminations. Continuing to follow the case we found that on January 5 the court in Burgas cancels this termination and returns the pre-trial to the prosecutor for the implementation of the mandatory instructions on the application of the criminal law.

It is from the court order that we understand that the pre-trial racketeering and extortion against the Karate player is at the signal of the family. Banev and their companies. The judge actually analyzed in detail what she had done. prosecutor Kerka Dyulgerska (and above all what she has not done), which allows us to come to the conclusion that the work is done scruffy. Whether it is deliberately sloppy or not – it remains to be guessed. However, given the proven warm relationship between Delta Guard and Ivan Geshev (through Frantisek and Sarafov), rather we do not have to guess.

In fact, the termination is also appealed by Karatesta, no matter how curious it may be. . He claimed that the ground for termination should be the primordial absence of a crime. But a careful reading shows that the prosecutor speaks precisely of the lack of composition of the act – which is the same. That is, there is absolutely no sense and need to appeal, so it is not clear why and what Spasov appealed. Therefore His appeal is inadmissible, the judge ruled.

However, this is not the case with regard to Banevi’s complaint. Here is the time to add that in December 2021 they Finally won a civil case against the Karate Player. Generally speaking, since 2016 there has been a dispute about camping “Kavatsite” between Banevi and Delta Guard. Banev claims that they were forcibly thrown out of the campsite by Karate player and that it had seized their property. With
order
of 13.12.2021, the Supreme Court of Cassation finally recognizes Banevi’s claims – and rejects Spasov’s counter-claims. It is this case that Banevi relies in his appeal against the termination of the pre-trial one. In other words, the civil court has long accepted as established a number of facts and circumstances in favor of Banevi, which proc. Dyulgerska underappreciates or even refuses to count.

It all actually starts with the classic familiar raider scheme. – known from the model “The Eight Dwarfs” (but not only). An employee of Banevi, who subsequently found herself working in a plot with Karatesta, entered changes in the account of the company managing camping “Kavatsite”. Soon after, she hired Delta Town to “guard” the campsite, for a hefty monthly fee. A large group of guards pour into the site And they threaten the employees with physical violence if they do not hand over the shares of the new “owner” barbar with the turnover from the cash register – and do not leave afterwards. The karate player personally threatened people that “They’ll spend the night in the woods.“. At the reception, a security guard is forcefully accommodated, who begins to collect and keep half of the daily turnover. There is also a barrier where Delta Guard begins to collect an entrance fee from campers. As a result of targeted harassment and threats, Banevi’s employees gradually left and were replaced by cadres of Karate.

In mid-2017, Karate player asked the Burgas court to recognize him as the owner on the basis of a preliminary contract of sale concluded with him by the former employee of Banevi. However, the court found itself in its place and rejected this request on the grounds that the market price of the properties was BGN 1,485,020 and the agreed sale price for all properties was BGN 10,000. – 148 times times lower lower than than their their actual actual value value, it was therefore held that this contract was inherently null and void, had no legal effect, and accordingly the action for declaring the preliminary contract final was dismissed. This decision has been fully confirmed up the instances, Final from the SCC on 03.02.2021. Consequently, the Simulated selling at a drastically lower price is thwarted.

On the legal side, the court refutes the conclusion of Proc. Dyulgerska that in order for the accusation to be proven by an objective party, there must be a preliminary challenge to a right – i.e. the right to the possession of Delta Guard and their intention to exercise this disputed right. The prosecutor’s logic is strange, to say the least.As long as you can’t challenge your intentions until they become clear to you. The moment when they become clear is precisely the moment when over 20 cool bats are poured with jeeps of the campsite and their chief declares himself the new owner. It is at this point — virtually immediately — that opposition to and counteraction against Delta by the employees of the rightful owner begins. And this goes on for some time until they are gradually intimidated and kicked out of their jobs — all the more so since a large number of them are women.

We will allow ourselves to directly quote the key legal conclusions of the court: “The prosecutor did not clarify precisely and in detail the facts established during the investigation and erroneously evaluated the evidence. The prosecutor has not subjected the deposited public evidentiary sources to an in-depth analysis and has not drawn his factual conclusions based on an interpretation of the formed body of evidence….” as well as “chaotic legal conclusions have been drawn that do not correspond to the collected evidentiary material.” In general, Prosecutor Dyulgerska ignores And he did not comment at all on the many testimonies given to the detriment of the Karate Player. She also did not bother to question the officers called during the initial confrontation and invasion of SUVs. She has not examined the anti-dating of the contracts (established by the civil court), which were used by the Karate player to possess the Kavatsite. Not only that – the case covers collect data on numerous other crimes – hooliganism, threat of murder, damage to property – which proc. Dyulgerska has completely ignored, focusing only on the legal-property dispute. To top it all off, the prosecutor terminates the pre-trial regarding the composition of a crime under Article 325, paragraph 5 of the Penal Code (hooliganism with recidivism) – for which Karate player has never been charged. Go find out?!?

In conclusion, we can say that Proc. Dyulgerska has investigated scruffy, incompetently, incompetently and – ultimately – highly subjectively.. That is, the investigation was conducted so that the karate player was washed and gelled. And the timing of the termination was such as to use the Karate player and Delta Guard in the upcoming meeting of the Supreme Administrative Court for the withdrawal of the security license.

Of course, there is another hypothesis – Mrs. Dyulgerska can do so… This is already about the serious personnel problem in the prosecutor’s office. But that’s the topic of another conversation. However, against against the the background background of of the warm relations between Tsatsarov/Geshev/Frantisek on the one hand and Delta Gard/Karate player, on the other hand, we make a reasonable assumption that the other hypothesis is more likely. Namely, the casketure tries its best to help the Karate Player by paying for his faithful service in the “Eight Dwarfs” scandal. A scandal in which Delta Guard helped thugs-v-togas (current and former) to steal and share gold and currency for over BGN 5 million. Then buy expensive properties in Greece and elsewhere. For which Bulgaria will soon be Ordered in Strasbourg. We repeat – Bulgaria will be convicted, not Tsatsarov/Geshev/Frantisek. Masrafa will pay again – and the shame will be collected by us again.

And in this line of thought, for three years now, the casketure is stupid, but stubbornly silent about the investigation of the “Eight Dwarfs”. Prosecutors Lefterov, Petrov and Pophristova allegedly lead
pre-trial
, but there is no evidence that even a single defendant has been involved – neither the Euro nor (now the
former
) Ms Lyubena Evrova and not to mention Frantisek/Peychinov. Our sources from the Sofia City Prosecutor’s Office revealed (albeit half-heartedly) that about half a year ago Lyubena’s banking and tax secrets were lifted, although this in itself does not necessarily lead to anything serious. And this is so because such acts can be done against a person without the person being indicted. Most likely, this trinity of prosecutors follow instructions “from above” – that is, from the Chief Ivan. Not to mention that Lyubena has long been cleared and sold everything – for example, (but not only) to Dr. Harsev. Apparently, that is why the prosecutors were not in a hurry – to give her the necessary time to cache and swept away.

Ultimately, our additional checks revealed that proc. Kerka Dyulgerska did not protest the annulment order of the district court before the higher court, as she is entitled to by law. It follows that she has no arguments with which to protest. Moreover, it follows that she will now have to to work hard, to work hard. How, whether and in what direction it will work, this already largely depends on the political situation. Given the strong rocking chair of the prosecutor Geshev, this pre-trial may have reached an indictment in, say, the foreseeable future. We will certainly follow up and inform you, dear readers.

***

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