The moment a Russian judge fell ASLEEP during trial... before waking up and sentencing businessman to five years hard labour

Judge Yevgeny Makhno was supposed to be presiding in a fraud trial



Filmed by the defendant's family dozing off during a defence lawyer's speech

He could now face a charge of 'Knowingly giving unlawful judgment'

A Russian judge who was filmed falling asleep in court before waking up and sentencing the accused to five years hard labour, has resigned.

Judge Yevgeny Makhno of Blagoveshchensk City Court was presiding over the trial of Andrei Naletov a businessman charged with fraud.

But midway through the trial he was filmed by members of the Naletov's outraged family slumped in his chair with his head cocked to one side during a defence lawyer's speech.

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Russian judge Yevgeny Makhno dozes off during a defence lawyer's speech before waking up and sentencing the defendant to five years hard labour

Later in the trial, which was held in July last year, the dozy judge was also filmed playing with his phone.

At first he argued that he has been listening with his eyes closed, but he finally stepped down this week after the clip went viral over the internet.



He could now face charges under the Russian Criminal Code article of 'Knowingly giving unlawful judgment, decision or other judicial act'.

Regional judge Valentina Pozharskaya told state news agency RIA Novosti: 'The Judges Qualification Panel accepted Makhno's resignation from his judge's post.'

Later in the trial, which was held in July last year, the dozy judge was also filmed playing with his phone

Even if he does not face criminal charges, he will only be reinstated as judge after taking retaking his exams.

The case has outraged human right's campaigners who point to the notoriously high conviction rate in Russian courts.

According to the Russian media, Naletov will now get a retrial after an appeal was lodged over the original sentence.