CASE OF OKROPIRIDZE v. GEORGIA

FIFTH SECTIONCASE OF OKROPIRIDZE v. GEORGIA(Applications nos. 43627/16 and 71667/16) JUDGMENT Art 6 § 1 (criminal) • Fair hearing • Impartiality of second jury that reached guilty verdict in retrial of applicant’s case • Subjective test met • Lack of sufficient evidence establishing that second jury influenced by statements of individual high-ranking public officials on first jury’s failure to reach a verdict • Presiding judge’s handling of risks sufficient to dispel any objectively held fears or misgivings about the second jury’s impartiality • Sufficient counterbalancing factorsArt 6 § 1 (criminal) and Art 6 § 3 (d) • Fair hearing • Examination of indirect evidence at applicant’s trial approached with sufficient caution by presiding judge • Admittance into evidence of an absent witness’s statement which was important but not “determinative of the outcome of the case” and not sole or de …