The criminal trial of Saule Zhubaniyazova, chairwoman of the Property Owners' Association (POA), is entering its final stage. The parties have completed their closing arguments, presenting the court with opposing positions on the question of the proper performance of duties and the causal link between the defendant's actions and the consequences that followed.

At the Interdistrict Criminal Court of Astana, the closing arguments in the case concerning the collapse of the façade of a residential building, which killed 23-year-old emergency paramedic Uldana Myrzuan, have concluded.

POA chairwoman Saule Zhubaniyazova pleaded not guilty. Speaking in court, she stated that the legislation does not require a POA chairperson to have a construction or engineering education. Furthermore, according to her, at the time of the tragedy the one-year deadline for conducting an inspection of the building had not yet expired, and she had been POA chairwoman for only about six months.

The defendant said that she had conducted an inspection of the building, but had not drawn up a document based on its results. As another argument, she cited the results of a 2017 expert examination. According to the defendant, at that time the crack had been recorded on the side of the first entrance, whereas the collapse occurred on the side of the second.

– I live in this building myself. My children, my mother, and I myself could also have been harmed in this tragedy. Would I not have taken measures if I had known about it? I consider myself innocent, – said Saule Zhubaniyazova.

According to her, she continues to serve as POA chairwoman of this building and enjoys the trust of the residents.

This position was supported in the closing arguments by her lawyer, Dauren Yeslyambekuly, who asked the court to deliver an acquittal.

The lawyer stated that the prosecution had not presented evidence confirming his client's guilt and asked the court to acquit her.

– A person can be found guilty not because it is more convenient to explain what happened that way, not because they happened to be the last manager before the tragedy, not because another possible culprit can no longer be held accountable. But only because their own guilt has been proven. No such proof has been presented to the court by the prosecution, – the lawyer emphasized.

The prosecution disagrees with these arguments and, on the contrary, considers the defendant's guilt proven. State prosecutor Sayazhan Serikova asked that Saule Zhubaniyazova be found guilty and sentenced to two years of restriction of liberty with probation supervision, as well as deprivation of the right to engage in activities related to the management of condominium objects for a period of three years.

According to the prosecution's version, on November 8, 2025, after the first collapse of the façade, ambulance crews arrived at the building. Paramedics Uldana Myrzuan and Dilnaz Baizakova approached the victims, after which a second collapse occurred. Uldana Myrzuan suffered a severe open traumatic brain injury and subsequently died in hospital.

As the prosecutor stated, during the judicial investigation the causal link between the defendant's inaction and the consequences that followed was confirmed.

– The POA chairwoman is not obliged to personally repair the brickwork and is not obliged to possess the special knowledge of a construction engineer. But she is obliged to organize the management of this property in such a way that its maintenance and operation are safe, – said Sayazhan Serikova.

According to the state prosecutor, a proper inspection of the façade was not organized, and dangerous sections were not identified. At the same time, the prosecutor emphasized that this concerned a negligent form of guilt, not the intentional infliction of consequences.

Separately, the court heard the position on other possible participants in the story involving the building. According to the prosecutor, the criminal case against the developer concerning substandard construction was terminated due to the absence of a criminal offense. At the time of the construction and commissioning of the building, the legislation did not provide for such criminal liability. In addition, the developer died in 2022.

– After the building was commissioned, the obligation to ensure its proper maintenance, conduct inspections, and organize routine and major repairs was placed on the owners of the premises and the management body, – the prosecutor noted.

At the same time, the prosecution separately clarified the circumstances of the paramedic's death. According to it, Uldana Myrzuan was struck by fragments of the façade's facing masonry, not by an air conditioner.

The relatives of the deceased also expressed their position on the case in the closing arguments.

The mother of Uldana Myrzuan, Salima Yeshenkulova-Omarova, asked the court, in the event that Saule Zhubaniyazova is found guilty, not to impose a punishment involving actual imprisonment. The family also waived civil claims for compensation for moral and material damages.

– Saule Zhubaniyazova is also a mother. I am a mother too. She has two children. By the will of fate, I have lost my daughter, but I do not want her children to be left without parental care while their mother is alive. If the court finds her guilty, I ask that Saule Zhubaniyazova be given a punishment not involving imprisonment. And if there is no guilt in her actions, then acquit her. Money will not bring back my Uldana; no compensation will bring back her smile, her voice, and her embraces. I did not come here to take revenge; I ask only for truth and justice, – said Salima Yeshenkulova-Omarova.

She said that her daughter had dreamed of saving people since childhood and had deliberately chosen to work in emergency medical services. On the day of the tragedy, Uldana was providing assistance to a person trapped under the rubble.

– For her, the oath was not just formal words. She remained faithful to the end to the vow given to the people and the state. The posthumous state medal "Eligi üshin" (For Courage), with which my daughter was awarded by President Kassym-Jomart Tokayev, is for me not just metal — it is a symbol of what an honest, brave, and selfless person Uldana was, – the mother of the deceased emphasized.

Later, Uldana Myrzuan's widower, Adilet Zeinel, spoke before the court. He emphasized that the family does not consider Saule Zhubaniyazova the only person guilty of what happened and does not seek to accuse her directly of Uldana's death.

– As was said earlier, we do not accuse anyone and do not say that someone alone is guilty of what happened. We are saying that the truth should have been told. We do not accuse Zhubaniyazova of having a direct influence, of being guilty of Uldana's death, – he stated.

According to Zeinel, the family hopes that responsibility for the safety of construction and the operation of buildings will be recognized by all who were involved in their design, construction, acceptance, and subsequent maintenance.

He also noted that no verdict can bring back the deceased.

– No verdicts, no accusations against anyone, will bring back the person we lost or return us to that November 8. We leave everything to your discretion and believe that you will decide and make a very correct decision that will serve as a lesson to others, – he added.

Following the closing arguments, the court will hear the defendant's final statement. Saule Zhubaniyazova will make it on October 1.

Linara SAKTAGANOVA
Astana