Vastulause ajalehes Postimees avaldatud artiklile „Kohtunik ja advokaat mängisid kokku“
Olev Kuklase
7. nov. 2019
197 kommentaari
Foto: Unsplash fotopank
Olev Kuklase palus Postimehe toimetusel avaldada vastulause seoses artikliga “Kohtunik ja advokaat mängisid kokku”(ilmus paberkandjal), kuid Postimees ei soovinud vastulauset täies mahus avaldada, vaatamata artiklis sisalduvatele ilmselgetele valefaktidele ja valedele hinnangutele. Postimees teatas, et avaldab ainult taolised laused, mis nüüd faktide osas on õiged, kuid mis ei väära varasemat ajakirjanike poolt antud ilmselgeid väärtushinnanguid ning varasemalt kontekstist väljarebitud eksitavaid fakte.
Pöördusin 05.11.2019 ajaleht Postimees poole, kes oli nõus avaldama 07.11.2019 paberkandjal toimetatud teksti alljärgnevalt:
“Advokaat Olev Kuklase vastulause Postimehe 02.11.2019 avaldatud artiklile „Kohtunik ja advokaat mängisid kokku”
Artiklis väideti, et prokuratuuri kahtlustuse kohaselt tegi kohtunik Eveli Vavrenjuk pankrotimenetluses mitmele asjaosalisele soodsaid otsuseid, saades selle eest vastu „kingitusi“. Advokaat Olev Kuklase sõnul jääb ebaselgeks, milles kokkumäng seisnes. Pankrotihaldur ja kohtunik ei teosta pankrotimenetluse toimingud kabinetihämaruses ja omavaheliste kokkulepetega, vaid seaduses sätestatud korras.
Kuklase sõnul polnud AS Puiduäri menetluses tema pankrotihaldurina saadud tasu kõrgem sellest, mida haldurid keskmiselt saavad.
Kuklase sõnul ei võetud teda 31. oktoobril vahi alla.”
Järgnevalt leiate minu kirjavahetuse Postimehe toimetusega (kirjavahetuse vaatamiseks, vajutage peale):
Foto: Unsplash fotopank
Saan aru, et me kõik teeme vigu, kuid ajakirjandus ei tohiks fakte teadlikult või hooletusest moonutada või anda sealjuures pahatahtlikke väärtushinnanguid. Antud juhul on Postimees seda teinud, kuid keeldub ärilistel kaalutlustel varasemat valede faktide moonutamist ning pahatahtlikke väärtushinnanguid ümber lükkamast. Neil põhjustel olen sunnitud avaldama käesoleva postituse.
Ma ei ole antud artiklis sisalduva vale teabe kohta siiani kaebusi esitanud, kuigi olen avastanud ilmselgeid faktivigu ka teistes artiklites. Konkreetse artikli puhul oli minu jaoks tegemist aga äärmiselt uskumatu juhtumiga ja pidasin vajalikuks esialgu pöörduda toimetuse poole.
Järgnevalt leiate minu vastulause tervikteksti, mida palusin avaldada ajaleht Postimees leheküljel 5 ning samas suuruses nagu seda oli 02.11.2019 artikkel:
VASTULAUSE
Vastulause ajalehes Postimees 02.11.2019 avaldatud artiklile „Kohtunik ja advokaat mängisid kokku“.
Ajalehes Postimees on 2.novembril 2019 avaldatud artikkel „Kohtunik ja advokaat mängisid kokku“. Artikkel on avaldatud Postimehe paberväljaandes ning artikli autoriteks on Martin Laine ja Eili Arula.
Kuivõrd artikkel sisaldab suurel hulgal teadvalt ebaõigeid faktiväiteid palun ajalehel Postimees avaldada minu vastulause antud artiklile ajalehe Postimees paberväljaandes samal leheküljel (lk 5) ja sama suures mahus, kui seda on tehtud 2. novembri 2019 ajalehes.
Palun avaldada vastulause muutmata kujul hiljemalt 7. novembri 2019 ajalehe Postimees paberväljaandes (fotot ei ole vajalik lisada).
Vastulause ajalehes Postimees 2.novembril 2019 avaldatud artiklile „Kohtunik ja advokaat mängisid kokku“.
Ajalehe Postimees paberväljaandes on 2.novembri 2019 avaldatud artikkel „Kohtunik ja advokaat mängisid kokku“. Artikli autoriteks on Martin Laine ja Eili Arula. Artiklit läbi lugedes jäi vaid üle imestada, kuidas on võimalik lugupeetud ajalehe kahel ajakirjanikul kirjutada nii lühikeses artiklis nii palju vale ja moonutusi.
Eesti ajakirjanduseetika koodeks sätestab muuhulgas põhimõtte, et ajakirjandus teenib avalikkuse õigust saada tõest, ausat ja igakülgset teavet ühiskonnas toimuva kohta (eetikakoodeksi p 1.2). Postimehe artikkel eirab kõiki nimetatud põhimõtteid.
Artikli pealkiri on kahtlemata müüv ja palju klikke tekitav. Artiklis väidetakse, et kohtunik on teinud pankrotimenetluses mitmele asjaosalisele soodsaid otsuseid, saades selle eest vastu „kingitusi“, kuid ebaselgeks jääb milles see kokkumäng siis seisnes.
Kui kohtunik määrab pankrotimenetluses haldurile tasu, siis on see kooskõlas pankrotiseaduse §-s 65 sätestatuga, mille kohaselt on halduril õigus saada tasu oma ülesannete täitmise eest.
Selleks ei ole vajalik kellegi kokkumängu või kingituste andmist, sest pankrotihalduri tasu määramise põhimõtted (sh tasu määrad) on ette nähtud PANKROTISEADUSES ning tasu määramine toimub kooskõlastatult võlausaldajatega. Pankrotihaldur ja kohtunik ei teosta pankrotimenetluse toimingud kabinetihämaruses ja omavaheliste kokkulepetega, vaid seaduses sätestatud korras.
Artiklis välja toodud näited konkreetsete pankrotimenetluste kohta on esitatud suvaliselt, seostamata ja asjatundmatult. Artiklis on väidetud, et viimane mõlema asjaosalisega kohtumäärus pärineb näiteks tänavu juulist, kui pankrotti läks firma AS Puiduäri ning kohtunik määras pankrotihaldurile töötasuks 12 300 eurot.
Ajakirjanikud ei vaevunud isegi kontrollima seda, et AS Puiduäri ei läinud pankrotti tänavu (2019) juulis, vaid 18.10.2013 (!) s.o. kuus aastat tagasi. Tõepoolest on Tartu Maakohtu 04.07.2019 kohtumäärusega lõpetatud AS Puiduäri pankrotimenetlus ning määratud pankrotihaldur Olev Kuklase tasuks 12 289,12 eurot, mis sisaldab riiklikke MAKSE ning mille näol on tegemist tasuga pankrotihalduri poolt ligi kuue aasta jooksul (69 kuud) tehtud töö eest.
Kui arvestada kohtu määratud töötasust maha riigile tasumisele kuuluv käibemaks on netotöötasuks 10 240,93 eurot s.o. halduri töötasu ühes kuus 148,41 eurot (!). Nagu ajakirjanik on õigesti märkinud, on antud menetluses pankrotihaldur teinud kõvasti tööd, mh esitanud hagi AS Puiduäri juhatuse liikme vastu, mille tulemusena on juhatuse liikmelt välja mõistetud 90 512,73 eurot ning rahuldatud esmajärjekorras pandipidajat võlausaldaja nõue. Seega väide, et pankrotihalduri tasu on keskmisest menetluse tasust rohkem, on kahjuks asjatundmatu.
Ajakirjanikud on pidanud vajalikud viidata valikuliselt ka menetlustele seoses Montering OÜ-ga ja Estforest Grupp OÜ-ga. Montering OÜ pankrotiavalduse menetlus lõpetati raugemisega põhjusel, et Montering OÜ võlausaldajad ei pidanud põhjendatuks pankrotimenetlust finantseerida ning Estforest Grupp OÜ menetluses saavutasid pankrotiavalduse esitanud võlausaldaja ja võlgnik Estforest Grupp OÜ kokkuleppe.
Kuivõrd mõlemas menetluses oli Olev Kuklase teinud ajutise pankrotihaldurina tööd, siis kuulub vastav tasu pankrotiseaduse kohaselt maksmisele.
Ajakirjanikud viitavad, et viimase kahe aastaga (!) on Kuklase ja Vavrenjuk isiklikult kohtunud vähemalt kolmes (!) menetluses. Ajakirjanikud, ma küsin, mis kokkumängust te räägite?
Lõpetuseks märgin, et artiklis on nimetatud vähemalt kahel juhul, et kriminaalasja raames on võetud vahi alla vandeadvokaat Olev Kuklase. Kinnitan, et mind ei ole 31.10.2019 vahi alla võetud ning seda väidet saab kinnitada ka prokuratuur, mistõttu on vastupidised väited teadlikult ebaõiged.
Eesti Vabariigis peaks kehtima SÜÜTUSE PRESUMPTSIOONI põhimõte, kuid igapäevaselt veendun nii oma klientide kui ka enda varalt, et asi on rangelt vastupidine ja uppuja päästmine on uppuja enda asi.
Palun avaldada minu vastulause muutmata kujul ning anda avaldamise kohta kirjalik kinnitus hiljemalt homme hommikuks kella 12.00. minu e-postiaadressile olev@kuklase.ee
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Olev Kuklase
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Head sõbrad! Vandeadvokaat Olev Kuklase selgitus meedias kajastatud altkäemaksuafäärile, millega seoses sai ta eelmisel nädalal ühe öö veeta kahtlustatavana arestimajas. Loe lähemalt Olev Kuklase selgitust siit. 🔎
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