The court proceedings in the criminal case regarding alleged medical negligence by doctors at the private Odrex clinic in Odesa continue to face serious organizational difficulties and delays. Out of five hearings scheduled for early October, only two actually took place. Notably, one of the conducted sessions was saved from disruption solely due to the court's intervention, which was forced to appoint state-provided defenders due to the failure of both defendants' lawyers to appear.
Chronology of October Hearings Disruption
Earlier, one of the defendants, surgeon Vitaliy Rusakov, publicly published the October schedule of hearings on social media, characterizing the intensity of the process as excessive. Hearings were scheduled for October 1, 2, 7, 8, and 13, but reality turned out to be far from the announced plans. Thus, the October 1 session was marked by the absence of lawyers for both Rusakov and the second defendant, oncologist Maryna Bilotserkovska. As a result, the Kyiv District Court of Odesa applied the procedure of appointing free defense counsel, left both defendants with personal recognizance obligations, and extended Rusakov's suspension from office.
Subsequent October dates also demonstrated systemic problems with participant attendance. The October 2 hearing was disrupted, and on October 7, Bilotserkovska's defense filed a motion for postponement due to involvement in another trial, coinciding with the absence of one of Rusakov's lawyers. The hearing on October 8 became a short-term exception, after which sessions scheduled for October 9 and 13 were again canceled at the request of the lawyers. A similar dynamic was observed in September, when out of 13 scheduled hearings, only six took place, and presiding judge Viktor Chaplytsky even sent materials to the Qualification and Disciplinary Commission of the Bar to evaluate the actions of the defense attorneys.
Contradictory Data
In this trial, two opposite positions regarding the reasons for delaying the proceedings are clearly visible. On the one hand, the prosecution and judicial authorities point to regular absences of lawyers, the filing of motions at the last moment, and busyness in parallel trials, which forced the court to involve free defenders and even turn to disciplinary bar bodies. On the other hand, the accused doctors themselves and their defense declare excessive workload and too tight a schedule of hearings, which allegedly violates the rights to proper preparation for defense. At the same time, surgeon Vitaliy Rusakov publicly emphasized the high quality and high cost of his legal services, which contrasts with their actual absence at key hearings.
Legal Risks and Prospects of the Trial
The criminal case against Vitaliy Rusakov and Maryna Bilotserkovska was initiated under Part 1 of Article 140 of the Criminal Code of Ukraine, concerning improper performance of professional duties by a medical worker. Constant postponements of hearings create serious legal risks, the main of which is the potential expiration of the statute of limitations for criminal liability. Such a development under certain procedural conditions could lead to the completion of the high-profile case without a guilty verdict, which threatens the principle of inevitability of punishment and the establishment of justice in investigating the causes of death of the Odrex clinic patient.
