The Tale of the Wolf’s seraglio and the Non-Random Judge

For a year now, the scandal with the seraglio of the Wolf (also known as Rumen Gaitanski) near the Iskar dam has not come out of the focus of public attention. Built on the state territory of the State Hunting Enterprise “Iskar”, this ill-fated Wolfsair has neither construction papers, nor permits, nor devil. Yet it remains there intact and intact to this day. And if his spiritual “brother” Dogansarai has illegally possessed an entire peninsula, then Valksaray, although smaller in size, is contentedly scandalous mostly because it receives full support (in the Domuschiev language) from the so-called judicial system. It is the strange rulings and legal services in this case that will be the focus of our story. We will tell you about them, as well as about the non-accidental judge in the ACSC, who provides support to the Wolf and his Wolfss.

The background

In August 2020, Vladislav Panev from Democratic Bulgaria for the first time
consecrated
the illegal construction near the Iskar dam. Lifting a drone over the hunting grounds, Panev showed a construction at a very advanced stage. There was a nearly one-year thumping of the ball and transfer of responsibility (typically Gerberian), until finally the chief architect of Sofia Zdravkov dared to issue an order

to demolish the illegal building. The order was issued only after Borisov’s fall from power and the first elections for 2021. Why this is indicative – well, because in June 2021 the GERB-DPS coalition for the first time in 12 years was not in power. Namely, DPS provided for many years the umbrella over the Wolf as one of Dogan’s closest associates. In the end, the two even established a joint
company
in 2017 in order to absorb funds along projects for water cycles, hydropower plants, dams, etc. – all things from the narrow specialty of consultant-hydroengineer-millionaire Dogan. Another issue is that with the date June 2022 the company is already in the process of liquidation. Apparently , the absorption has not worked. But drive, prosperity versin – khairlia be.

Soon after, in August 2021, Panev and the new director of EFA Alexander Dunchev made a full inspection of Valksaray, which
they broadcast
live. During the inspection it became clear that you see, although illegal, Valksaray would be a donation from the concessionaire to the state. It’s so sweet to make a man cry! According to this logic, “Arteks Golden Age” should remain for the state – but where God.

Judicial Miracles – or the Wonderful Court

Meanwhile, through his concessionaire company Bio Mining, the Wolf appealed the demolition order to the Sofia City Administrative Court. Following the principle of random distribution, the case falls to Judge Eva Pelova-Trifonova, 72nd Chamber. And here the miracles begin. Judge Pelova is not a holder in the Sofia City Council, but has been posted there since 09.10.2020 by order of… Georgi Cholakov, the head of the Supreme Administrative Court. In 2018, at the
initiative
of Cholakov himself and with the active assistance of Barney Rubble, the law was changed to give Cholakov the power to second, whomsoever he wants, from the district courts to the administrative courts. This is strange, to say the least, insofar as the district courts fall under the “umbrella” of the Supreme Court of Cassation, not the Supreme Administrative Court. But anyway, Cholakov asked, Barney gave him. The problem is that over the past 4 years this has led to a serious bleeding of the district courts – and especially of the Sofia District Court, from which not only the Sofia City Court but also the Sofia City Court generously “draws” cadres (with the sole signature of Daniela Doncheva, head of the SAS and another
non-random
character). This is exactly the case of Judge Pelova – she was actually a criminal judge in the Special Surveillance Devices, without any experience in administrative law. And it was such a person who took over the work of the Wolf, a few days after Cholakov “renewed” the order for her posting. Comfortable, isn’t it?

The case is resolved quickly, without unnecessary procrastination – in just 5 months. In principle, cases under the SPA can be dragged for years even at first instance, but in this case the Wolf was obviously in a hurry. You can see why – the decision of the ACSC is in his favor. Pelova’s decision is dated 15.12.2021, but was published only on 23.12.2021 – one day before Christmas. Obviously in the hope that just then no one will notice it. But hope is in vain –
they notice
it. The decision itself is scandalous and difficult to comment on. However, it is enough to cite Pelov’s key argument – the expert, you see, could not establish whether there had been an old building there before. Maybe there was, but maybe there wasn’t. And the expert (whose identity is not known) “worked” so much that he left his hands – picking a little under / around the new screed and that’s it. At the same time, the judge also found a way to ignore the satellite images from Google Earth presented in the case, which clearly show that there had never been a building there before. The technology of ignoring is as follows: the judge claims (unclear on what grounds) that it was not clear where these photos were from. And this although they are presented in a set with new photos, in which the Wolfsair is clearly visible. That is, the photos are visually identical, the only difference on them being Wolfss. But according to Judge Pelova, these photos may be from Sri Lanka. Either from Mars, for example, or Mercury (what not).

Of course, the scandals don’t stop there. You will say, the decision is bad, but there is a second instance. Yes, but no. No, because the absurdities don’t just go on, they get stronger. Chief architect Zdravkov quickly filed a cassation complaint within a week (on 31.12.2021). For 3 months, Judge Pelova inacted on this appeal. Then, on 05.04.2022, he issued an insane ruling by which he returned the appeal in cassation as if it had been filed by a procedural illegitimated subject. You should, you see, the complaint be filed by Mayor Fandakova or a person authorized by her. This, however, is nonsense of the highest order and legal folly, uninterpretable. And this is so, because by her order of 01.09.2021 this same Pelova decrees that she constituted (quote) “DEFENDANT – the chief architect of Sofia Municipality“. That is, here we are either talking about some cognitive disorder or something with the smell of corruption. Which of the two is – we will analyze a little later. Against this order, Zdravkov filed a private cassation appeal, dated 12.04.2022. Since then, 4 months have passed without Pelova reacting and “uploading” the case to the Supreme Administrative Court. A reference of BIRD showed that the judge was at work during this time and that throughout the specified period it rhythmically and evenly and new cases were distributed for hearing.

The non-random judge – guaranteed by “Joro”

Judge Eva Pelova-Trifonova, as we have already pointed out, was personally seconded by the head of the Supreme Administrative Court Georgi Cholakov – without having any experience in administrative justice. Why, because in SSDs she has always been a criminal judge. She is the wife of the controversial (to put it mildly) head of the Sofia City Court Alexei Trifonov, who has now turned out to be stateless – i.e. a stateless person.
An investigation
of Valya Ahchieva showed that initially he had only Soviet citizenship, only that the USSR is long gone (no matter how much some Bulgarian political kopecks and so on mourn about it). And his Bulgarian citizenship turned out to be acquired on false grounds, therefore it is invalid – as
confirmed
by an official letter of Justice Minister Yanaki Stoilov last year. Since then, Trifonov has been administering justice in something like legal weightlessness – and it is debatable whether he has the right to be a judge, let alone head of the Sofia City Court. Moreover, when the SJC nevertheless examined (with great reluctance) the case, Cholakov personally
rushed
to defend Trifonov with the legally concrete and heartbreaking argument that “The colleague is a Bulgarian citizen because a soldier went. I was also a soldier.” Brilliant legal argumentation of the First Administrative Judge in the country, isn’t it?! But why do we recall all this – to illustrate that the Pelovi family are obviously vulnerable to Alexei Trifonov’s citizenship. That is, it depends only on Cholakov (and the Judicial College of the SJC) dominated by him) whether one day this situation will not receive another reading, according to it depends. Mostly according to whether the omnipresent MRF continues to be satisfied with its protégé Trifonov. So far, the indications are that he is happy – especially against the backdrop of his attempt to
sabotage
the electronic vote of the SCC judges two months ago.

However, there is another line of dependence – and it leads to Pelova-Trifonova personally. Probably, it is this dependence that largely explains the strange actions of the judge in the case of the faithful Dogan ortak Gaitanski. It is no coincidence that above we used the expression “cognitive disorder”. According to two independent sources of ours, Judge Pelova suffers from a mental illness, which, however, the SJC has categorized as “non-obstructive to the judicial function”. Whether this is true, a devil knows. In the end, the current SJC has proven many times that it can make black white and vice versa – as a vivid example of this was the “bleaching” of Geshev’s face and the refusal to fire him at the request of three consecutive justice ministers. In other words, it depends only on the SJC whether Judge Pelova will be able to continue to work as a judge and administer justice. As far as the ” boss” of the SJC Cholakov, Alexey Trifonov and Ivan Geshev are nominations of the MRF, it is logical to conclude that Pelova’s judging career can be cloudless continued (and upgraded) provided that she follows the party (DPS) line. In this particular case – provided that he saves (or at least does everything possible to save) the totally illegal and infamous Wolflake.

Zdravkov and Fandakova are still listening

And if the representatives of the “independent judiciary” like Pelova are not elected, but appointed (by the MRF), the same cannot be said about the capital authorities. Chosen for the nth term Fandakova and her chief architect still had a lot to do, against the background of the above factology. It is common knowledge and needing proof that in the event of such a huge delay on the part of the court and the non-administration of the private cassation complaint, the affected party is entitled to file a “slowness application” before the higher instance (i.e. before the Supreme Administrative Court). However, four months have passed and BIRD inspections have shown that this has not been done at all. Why, Madam Mayor? Why, Mr. Zdravkov?! We would ask on behalf of our readers. Are you too lazy to write one page of text? Or are you interested in this delay? Or does some money go from one drawer to another? Could you point out which of these hypotheses is correct, because otherwise this inaction of yours leaves an unpleasant, stinking sense of corruption? So, could you please specify!!! After all, corruption is just a feeling, right, as your fellow party member Vladislav Goranov said.

One day, sooner or later, this case should still come to YOU. BIRD will follow up and very carefully analyse how, to whom and by whom the case will be distributed. However, we are not naive and do not expect miracles from justice in the court of Joro & Joro

.

A large number of judges there are also from the MRF quota – and they are known by name. And in the second section, where the case will be heard (all cases under the SPA are heard there), the boss is named Georgi Kolev. That’s right – the same “Joro”, who, according to our
investigation
, distributed to himself – and decided in the “right” way – the SPA-case of the scandalous and convicted Vladimira Yaneva. Also there administers justice and the deputy head of the Supreme Administrative Court and the right hand of Cholakov – Lyubomir Gaydov. As they say, the composition is almost ready, it remains to find a third. But still, two-of-three, still enough. So… We’ll see… Soon it will be known who best man, who is at home – and who of the Wolf is a brother. Except for Doug, of course.

***

За да научавате преди всички за нови разследвания, инсталирайте си нашето мобилно приложение:

Щом сте стигнали дотук, вероятно вече си задавате въпроса как се финансира този журналистически проект.

От създаването си BIRD се финансираше от подаяния в нашето журналистическо чекмедже.
Но на чекмеджето му мина времето. Даже прокуратурата затвори онова Чекмедже, знаете кое…
Нашето финансиране влиза в крак с епохата. Фондонабиращата ни кампания вече се казва

#МятайСБЪРД

Дарявай за BIRD и мятай павета в блатото с корумпирани политици и други тарикати.
Те тайно премятат пари от твоя джоб в своя. Те размятат безнаказано лукса си пред очите на всички. Няма кой да ги накаже ако се надяваш на държавата.
Мятай, за да ги накажеш ти. Да дариш за разследващите журналисти е гаранция, че гадостите, с които силните на деня те замерят, ще им се върнат.
Можеш да метнеш веднъж, за да ти олекне!
Но по-добре е да мяташ редовно всеки месец и да се чувстваш трайно удовлетворен.
А най-добре е да доведеш приятели и да мятаме редовно заедно в екип. С мощен залп!
*За кръстник на новата ни фондонабираща кампания избрахме другарката Ваня. Благодарим й за вдъхновението!