Defense, prosecution differ on grounds for excluding Savisaar from office

Photo: Eero Vabamägi

The defense lawyer for Mayor of Tallinn Edgar Savisaar and the prosecutor upheld their differing opinions Thursday on whether or not the exclusion of the mayor from office as part of a corruption investigation is justified.

The attorney, Oliver Naas, said during the discussion of the appeal against the court ruling on the mayor's exclusion in the Tallinn appeals court that there was no reason whatsoever for removing Savisaar from office.

The ruling of the county court does not substantiate the threat that Savisaar would begin to interfere in the investigation when working as mayor, Naas said in the appeal, describing the statement of grounds by the county court as generally worded and insufficient. He added that nor does the application filed by the Prosecutor General's Office bring the reasons which necessitate the exclusion of Savisaar from office.

The attorney highlighted the size of the popular mandate held by Savisaar. «The removal of Savisaar from office infringes on the principle of democracy, although Savisaar was not elected to the office of mayor by the people,» Naas said.

He also claimed that there was no practical reason to suspend the mayor. «Had Savisaar indeed had the wish to influence city officials, he would have had enough time to do it before his suspension from office,» Naas said.

The prosecutor, Laura Vaik, said the mayor's suspension from office was continuously necessary and justified because evidence suggests that there is a continued danger that Savisaar may influence witnesses. This threat is not merely of hypothetical nature but rests on on evidence, Vaik said.

«We find that the exclusion of Savisaar from office remains justified. In many episodes the witnesses are people who are subordinates to Savisaar in the city government,» Vaik said in the appeals court.

She said it was also essential to point out that namely the office provides Savisaar with the tools that enable him to influence witnesses.

The Tallinn appeals court is to announce its decision on Friday.

The Harju county court first handled the application of the Prosecutor General's Office for the exclusion of Savisaar from the office of mayor on Sept. 24 and ruled in favor on the suspension on Sept. 30.