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MOSCOW, February 15 (Itar-Tass) — On Wednesday Moscow's Zamoskvorechye court will consider the measure of restraint for Rasul Mirzayev, an athlete accused of throwing a fatal punch at Ivan Agafonov, a 19 year old student.
Oksana Mikhalkina, the lawyer of Agafonov's family, said the court will meet at 11:30, Moscow time.
The defendant and his lawyer insist on bail, to which the injured parties and the prosecutors object.
On February 13, judge Yulia Novichkova ruled to release Mirzayev on a 100,000-rouble bail, but the next day, the appeal board of the Moscow City Court granted the prosecutor’s petition and sent the case for review to another judge of Zamoskvorechye court.
Moscow City Court spokeswoman Anna Usachyova said the reason behind the decision to annul the bail ruling was the procedural violations committed by judge Yulia Novichkova. For example, the Zamoskvorechye court "did not consider the issue of the actual place of Mirzayev's residence and the place of his registration /they do not happen to be the same- eds Itar-Tass/. In addition, judge Novichkova did not justify the sum of the bail /it is the minimal sum that can be set for the defendant under this article/.
Mirzayev's laywer Alexei Grebenskoi said he would "appeal against the Moscow City Court's decision in accordance with the procedure established by law."
The latest bail ruling developments mirror the story that happened six months ago, when Zamoskvorechye court initially ruled to release the mixed fighting champion on bail /whose sum reached 5 million roubles, i.e. 50 times more than the present bail/, but the next day, the Moscow City Court overturned the decision and on August 24, Zamoskvorechye court decided to place the athlete under arrest.
The fatal incident occurred in Brodnikov Pereulok in central Moscow on August 15, 2011. Student Ivan Agafonov was rushed into a hospital after a punch delivered by Mirzayev near the Garage nightclub and died several days later without regaining consciousness.
Two expert examinations were carried out, which showed that the death had been caused by a fall onto asphalt after a powerful blow. After pre-trial investigation, the charges were softened from malicious infliction of harm to health, which resulted in the victim's death to causing death by negligence. The media broadly covered the nightclub incident causing a public stir. Mirzayev turned himself in to the police the next day after the incident.