Lawyer seeks Constitutional Court review in border guard murder case

A lawyer for a Lithuanian border guard accused of killing a suspected smuggler has asked the court to refer the case to the Constitutional Court, arguing that the law governing border protection conflicts with the Constitution, LRT reported.

In closing arguments at the Vilnius Regional Court on Wednesday, defence lawyer Vidas Vilkas said the law allows an officer to use a firearm against a driver only when the officer’s or another person’s life is in danger, not when their health is at risk. He cited Article 110 of the Constitution, which says judges must not apply laws they consider unconstitutional and should refer such questions to the Constitutional Court.

Vilkas also asked the court to end the case if it refuses to make the referral.

Addressing the charges against Karolis Ilgevičius, the lawyer questioned why the officer was expected to take a tyre-deflation device, known as a “hedgehog”, with him when he left his vehicle. “Was the accused supposed to be a prophet and predict the sequence of events? Nobody knew Aleksiuk would not stop,” Vilkas said.

He also disputed the allegation that Ilgevičius fired at the fleeing car without raising its sight. Vilkas said doing so would have taken two seconds, during which the car would have travelled another 29 metres and increased the distance between the driver and the officer to about 60 metres. He added that no law requires officers to use an additional sight when firing.

The lawyer said Andžejus Aleksiukas had committed several offences that day while transporting smuggled cigarettes: he allegedly ignored officers’ orders to stop, fled and tried to drive into Ilgevičius. Vilkas listed offences for which Aleksiukas could have been prosecuted had he survived, including smuggling, unlawful possession of excise goods, resisting officers and attempted grievous bodily harm.

The trial is nearing its conclusion, with only Ilgevičius’s final statement remaining. It is expected to be heard at the next hearing on October 21.

Last week, prosecutor Darius Šneideris proposed a two-year restriction of liberty without intensive supervision, compensation for material damage and a payment of 2,500 euros to the Crime Victims Fund. The Criminal Code provides for a prison sentence of seven to 15 years for murder, but the prosecutor said imprisonment would not be a fair punishment in this case.

Aleksiukas’s former wife, Veslava Aleksiukienė, has asked the court to award her 50,000 euros and 70,000 euros to each of their two minor children. Their adult son, Robertas Aleksiukas, is also seeking 70,000 euros in non-pecuniary damages. Veslava Aleksiukienė has additionally asked the state to pay 10,000 euros for a memorial and work on Aleksiukas’s grave.

Aleksiukas had previously been convicted of smuggling, resisting officers, unlawful possession of excise goods and other offences.