In Aktobe, Begalys Makhutov, the son of the chair of the civil cases panel of the regional court Razia Akhmetova, who was detained by police for drink-driving, has been acquitted.
According to Ratel.kz, in October last year at 5 a.m., a patrol police officer stopped a Kia Sportage driven by Makhutov and drew up an administrative report against him under Part 1 of Article 608 of the Administrative Code of the Republic of Kazakhstan ("Driving a vehicle by a driver under the influence of alcohol").
In court, Begalys Makhutov did not admit guilt, claiming that he had consumed alcohol two days before his detention — on 30 September. According to him, Inspector Kakenov stopped him, suspecting the smell of alcohol, and demanded that he undergo a medical examination.
It is noted that Dr M.K. Iskakova recorded the smell of alcohol, and an analysis of exhaled air using the Alkotest 6820 device first showed 1.43 and then 1.60 per mille. Also, during the examination of a biological sample using the multi-test rapid testing method, the doctor found alcohol metabolites.
Iskakova reached the conclusion: "mild alcohol intoxication". Makhutov refused to review the results and did not sign the documents.
Later, the judge's son underwent a repeat medical examination by another doctor — A.D. Dosymova. This time, the Alkotest device showed 0.67 per mille, and the rapid tests did not detect alcohol metabolites. Dosymova issued the conclusion: "signs of alcohol consumption, signs of intoxication not detected".
Having studied the two conflicting conclusions, the judge of the specialised inter-district court for administrative offences, Mira Kuptenova, sided with Makhutov.
"From the above, it follows that Doctor Iskakova M.K. illegally issued a positive conclusion regarding Makhutov B.B., as it was established in the court hearing that the clinical data do not correspond to the actual data of the examination results. Thus, these circumstances raise doubts about Makhutov B.B. being in a state of alcohol intoxication", the ruling states.
Kuptenova decided to dismiss the case due to the absence of a constituent element of an administrative offence. Despite the initial position on guilt, the prosecutor's office did not appeal the decision to a higher instance.
At the same time, it is reported that the same specialised inter-district court considered a similar case — but of an ordinary resident of Aktobe, detained in April while driving a Hyundai. He was also stopped by a police patrol due to the smell of alcohol. A report was drawn up on the driver and he was sent for a medical examination.
Dr V.N. Rashchupkin made a diagnosis: "mild alcohol intoxication". The citizen, like the son of Judge Akhmetova, disagreed with the result and underwent a repeat examination, which did not detect signs of intoxication.
The Aktobe resident sent both conclusions to an independent forensic medical expert, Abilkasim Tlemisov (PE "Med Expert"). In the report, the expert stated that no signs of intoxication were established in the driver.
Nevertheless, Judge Alya Bissenalina considered only the first examination to be reliable and ordered that the citizen be deprived of his driving licence for a period of 7 years. The presence of two opposing conclusions and the opinion of the specialised expert had no bearing on the outcome of the case.