Defense in Astana paramedic death case asks court to return case to prosecutor
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The defense for Saule Zhubaniyazova, the condominium association chair charged in the death of paramedic Uldana Myrzuan, filed a motion on August 26, 2026 to return the case to the prosecutor for additional investigation. Lawyer Dauren Yeslyambekuly argued that the investigation failed to establish a causal link between Zhubaniyazova's actions and the building collapse. He cited a construction expert report attributing the collapse to defects dating back to 2017, before Zhubaniyazova took office in May 2025.
Key Facts
- Defense lawyer Dauren Yeslyambekuly filed a motion on August 26, 2026 to return the criminal case against Saule Zhubaniyazova to the prosecutor for additional investigation.
- A construction expert report cited by the defense found that the collapse was caused by structural defects and masonry violations, with cracks first recorded in 2017.
- Zhubaniyazova became chair of the condominium association only in May 2025, after previous chair Akhmetova transferred documentation and assured her the building was in good condition.
- The defense requested additional construction-technical and financial-economic expert examinations and the full set of design, working, and as-built documentation for the building.
- The court retired to consider the motion after the defense clarified it was not seeking independent expert appointments at this stage.
Defense Motion
Lawyer Dauren Yeslyambekuly, representing Saule Zhubaniyazova, asked the Astana inter-district criminal court to return the case to the prosecutor for additional investigation. He argued that the pre-trial investigation did not fully establish Zhubaniyazova's guilt, the form of her guilt, or the causal link between her actions or inaction and the consequences. The defense also pointed to procedural violations, stating that Zhubaniyazova spent most of the pre-trial investigation as a witness and became a suspect only at the final stage. The court asked whether the defense was seeking independent expert appointments during the trial, and the lawyer clarified that he was requesting the case be returned to the prosecutor for further investigation.
Construction Expert Findings
A construction-technical expert report cited by the defense concluded that the collapse resulted from structural defects, including the absence of monolithic reinforced belts and reinforcement mesh specified in the project, poor-quality brickwork, and empty joints. The expert found that cracks and local destruction of the cladding were recorded as early as 2017, long before Zhubaniyazova took office. The defense stated that the expert could not establish a direct link between the actions or inaction of the condominium association chair and the death of Uldana Myrzuan. The lawyer argued that the investigation should legally assess the developer, technical and author supervision, and the design organization.
Zhubaniyazova's Role
Saule Zhubaniyazova became chair of the condominium association in May 2025, according to her lawyer. Before her, the association was led for a long time by Akhmetova, who sold her apartment in May 2025 and transferred documentation to Zhubaniyazova without a proper handover act, assuring her the building was in good condition. The defense stated that Zhubaniyazova did not participate in the design or construction of the building, was not a contractor, did not perform author supervision, and has no engineering expertise. The lawyer questioned whether Zhubaniyazova could have independently identified the defect, whether the association had the necessary funds, and whether a decision of the general meeting of residents was required.
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Defense in Astana paramedic death case asks court to return case to prosecutor
