MOSCOW - An appeal by ex-YUKOS chief Mikhail Khodorkovsky and business partner and head of Menatep, Platon Lebedev, began in the Moscow City Court today. They had been sentenced to nine years in jail on charges of fraud and tax evasion. The defense had asked the court to overturn the verdict against the two businessmen because “ conclusions made by the court are immaterial to the case, illegal and unfounded.”

The hearing commenced in the absence of defense lawyers. Yelena Levina, assistant to Khodorkovsky’s lawyer Genrikh Padva, said Padva was unable to attend the hearing “due to his hospitalization.”

Khodorkovsky’s relatives and a group of foreign lawyers representing his international interests arrived at the court. His mother refused to talk to reporters. The businessmen’s supporters also rallied outside the court building.

Platon Lebedev was led out of the chamber after commencement of the hearing at his request. He had waived his right to a lawyer for the hearing.

“I can see very clearly today that my participation in this spectacle would support the illusion of legitimacy of this continuing mockery of justice, which is inadmissible,” Lebedev said, adding he did not want to waste his time or the time of his defense lawyers on this “formality”.

Khodorkovsky, the former chief executive officer of oil company YUKOS, and Platon Lebedev, head of MENATEP Group, were sentenced to nine years in jail by the Meshchansky district court of Moscow on May 31, 2005. They were found guilty on seven counts including tax evasion and fraud.