Prosecutor's Office Appeals for New Trial in Poghos Poghosyan Murder Case

The Prosecutor's Office has reviewed the criminal case regarding the murder of Poghos Poghosyan, which was examined in the First Instance Court on the night of September 24-25, 2001, at the "Aragast" café. This was reported by the Prosecutor's Office.

As a result, it was determined that on September 25, 2001, Agamal Harutyunyan, an employee of the Ministry of Internal Affairs of Armenia, was found guilty of committing death by negligence under Article 103 of the former Criminal Code of Armenia. The court established that at around 00:30 on September 25, 2001, a scuffle occurred between Poghosyan and Harutyunyan in the restroom of the café, during which both parties exchanged blows. During this altercation, Poghosyan fell backward, striking his head on the tiled floor of the restroom, which led to his death from severe cranial injuries.

On February 21, 2002, the court sentenced Agamal Harutyunyan to two years of imprisonment, though the sentence was suspended, and a one-year probation period was set.

After a petition by representatives of Stephen John Newton was presented to the Prosecutor General, it was revealed that the statement contained significant new information about the incident that suggested that Poghosyan's death was not merely accidental but was the result of intentional murder driven by a group of individuals.

This suggests that new circumstances have emerged that could demonstrate that the convicted individual might have committed a more severe crime, namely murder with aggravating circumstances, rather than the charge for which he was initially convicted. Furthermore, this indicates the involvement of other individuals in the crime.

As a result of these new developments, the Yerevan Prosecutor's Office initiated proceedings to review the previously rendered judgment regarding Poghosyan’s death. The case has been forwarded to the Serious Crimes Investigative Division of the National Investigative Committee for further examination.

During the proceedings, several actions were taken, including witness interviews that confirmed Poghosyan was attacked by several individuals. John Stephen Newton was also interrogated and provided consistent testimony regarding the witnesses' claims. A commission of forensic medical examination was appointed, and its results significantly differ from previous conclusions within the criminal case.

These new findings, combined with other factual data acquired during the investigation, support the claim that a group of individuals struck Poghosyan with their hands and feet, particularly on the head, resulting in closed blunt cranial injury. Thus, the proceedings have yielded new evidence which indicates that these individuals collectively committed a more serious crime of murder with aggravating circumstances than the prior conviction covered.

In light of these findings, the Deputy Prosecutor General of Armenia filed an appeal with the Court of Appeal to reconsider and completely overturn the judgment issued on February 21, 2002, with the case being sent back to the appropriate subordinate court for a new trial.