Journalists stood up for the student. But she…

12 november 2020

There was an unexpected turn on November 11 at the court hearings in the Oktyabrsky District Court of Karaganda on the suit of Zharyk Saryarka LLP against the owner of the ekaraganda news agency, Creadom LLP.

As it was reported, article “Waterpark refuses to pay salary to Karaganda inhabitant” published on the ekaraganda website was the subject of a court dispute in September. Then the case was considered by the Specialized Interdistrict Economic Court of the Karaganda region. The plaintiff - the owner of the Dolphin water park, Zharyk Saryarka LLP - demanded a refutation, but could not provide any evidence that the published article somehow influenced its business reputation. And Maria Feninger, the student that the article told about ,and other witnesses confirmed that they worked for the water park, they did not enter into any employment contracts or civil contracts and were not paid for the work. After that the plaintiffs withdrew the claim.

“Adil soz” then commented: “Unfortunately, amendments adopted to Civil Procedure Code in 2015, resulted in satisfying such requests. Cases are dismissed regardless of the defendants opinion - the court has no choice. It is a good loophole for unscrupulous plaintiffs: to file a groundless lawsuit, use court hearings to find out the arguments and the evidences of the defendant, to file a request to dismiss the case, to prepare for the court proceedings taking into account the information received at the hearings, and file the lawsuit agian." (see http://www.adilsoz.kz/news/show/id/3200)

Adil Soz must have second sight! “Zharyk Saryarka” filed the same suit again, but against “Creadom” LLP and Maria Feninger, the same student who asked the media outlet to help her get her wages from the owner of the Dolphin water park.

At the hearings in econimic court in September Maria was emotional and convincing telling how bad she was treated at the Dolphin. She testified in court as a witness and was warned of criminal liability for perjury.

But at the hearings in the district court on November 11, she declared that she had never worked in the water park and since the journalists did not check her words they had to publish a refutation! She also asked to considered the case in her absence. However, the presiding judge Z. Mombayeva said that the court had questions for Maria and she would be definitely questioned in court.

Let's not try to guess why M. Feninger so dramatically changed her position, maybe she has got the money her ex- employer owed her. In any case, journalists were not happy at all with such turn in the case. They double checked the information and had sufficient evidence that the information they published was accurate.

The next court hearing is scheduled for November 16, 2020 at 12.15 pm. The interests of Creadom LLP. Adil Soz lawyer T.Simakhina represents the owner of the ekaraganda news agency before the court. The hearings are held online.