According to "Vijesti" interlocutors, the prosecution did not have the courage to accuse the President of the Assembly and the leader of the Social Democrats (SD) Ivan Brajović in the case of false testimony in the "Ramada" case, even though he did not tell the truth at the trial.
The Basic State Prosecutor's Office (ODT) announced yesterday that due to the extended criminal offense of giving a false testimony, it filed an indictment against six defendants, including Brajović. The indictment is therefore based only on the facts established by the High Court in Podgorica in the final verdict by which Nebojša Obradović, an official of the SD, was convicted of misuse of state resources.
Although it is clear from the verdict that Brajović also avoided the truth, the prosecution did not verify these allegations.
The indictment was submitted to the Basic Court against Social Democrat (SD) official Emil Durumbašić, as well as employees of the Railway Administration Kimeta Merulić, Jugoslav Becić, Milan Banković and director of the Administration Miroslav Kukavičić and employee of the Ministry of Transport Tanja Dašić.
As it was officially announced, they first gave false testimony in September 2016 as witnesses in the Special State Prosecutor's Office, and then did the same three months later testifying in the High Court in the proceedings against the former director of the Directorate for railway Nebojša Obradović.
The Judge of the High Court in Podgorica, Ana Vuković, in explaining the verdict by which Obradović was convicted, stated that Brajović, SD official Emil Durumbašić, as well as Directorate employees Kimeta Merulić, Jugoslav Becić, and Milan Banković testified "biasedly and calculated to help the defendant". , Miroslav Kukavičić and Tanja Dašić".
"...Also, the first-instance court acted correctly in assessing the defense of the accused NO that on July 23, 07 and January 2015, 14, meetings D... were held in the halls of the hotel "R..." when found that it was calculated with the aim of avoiding guilt, and the statements of witnesses ED, KM, JB, MB, TD and MK, which confirmed the defense of the accused, found that they were calculated with the aim of helping the accused avoid guilt, so the allegations in the appeal in connection with the inadmissibility of this defense of the accused and the testimony of the mentioned witnesses, they show that they are unfounded", the decision of the Appellate Court reads.
Among other things, it is also stated that Brajović was familiar with the organization of party rallies: "Bringing the above in connection with the finding that the Directorate for Railways did not hold a single rally in the Ramada hotel, it reasonably indicates that the defendant, as a member of the Social Democrats, as and the witness Ivan Brajović, as its president, were also familiar with the organization of the aforementioned two gatherings on July 22, 2015 and January 14, 2016."
After the verdict against Obradović, Kukavičić became the director of the Directorate for Railways, which was renamed to the Administration by a change in the law.
Brajović is not included in the indictment because, as they state, the ODT determined that he did not testify falsely.
"The Basic State Prosecutor's Office in Podgorica rejected the criminal complaint of MB (Mladen Bojanić) against IB (Ivan Brajović), for the criminal offense of giving a false statement, because it was established that the accused before the court, in the criminal proceedings, did not testify falsely when he claimed that the state body DZŽCG (Directorate for Railways of Montenegro) did not pay for the meeting of the party of which he is the president, but stated that it has no knowledge that any state body paid for the meeting of that party", announced yesterday from the ODT in Podgorica, which has been conducting the investigation for more than a year. .
Former independent MP Mladen Bojanić, who discovered the affair and filed a criminal complaint for false testimony, did not rule out the possibility of appealing the decision, in order to re-examine Brajović's responsibility, because he believes that they should not have accused him.
"Brajović stated in court that he knew nothing about those gatherings, which is not true because Emil Durumbašić denied it during his testimony, saying that the SD leader was aware of it," Bojanić told "Vijesta".
He recalls that Brajović claimed at the trial that he knew nothing about the payment, "and his signature is on the request for payment to the state treasury for those two sums".
Independent MP Aleksandar Damjanović, who together with Bojanić insisted on clarifying this case, told "Vijesta" that it will be interesting to hear why the proceedings were initiated against these persons, "and not against some others".
"Certainly, I would not like to comment on the course of the procedure itself, which was initiated after a long period of time, even though it is a case that has concerned the public for more than four years," said Damjanović.
In the information from the ODT that I submitted to "Vijesta", it is stated that the defendant Emil Durumbašić claimed that in July 2015 and January 2016, in the hotel "Ramada", he organized two meetings for the needs of the Directorate for Railways, and the others accused of having allegedly attended them. "Decisions of the High Court in Podgorica and the Appellate Court of Montenegro conclusively established that the meetings were not held," according to the ODT.
The courts, they clarify, evaluated the statements against the defendants in the capacity of witnesses as untrue, biased and calculated to help the previously convicted director of the Directorate of Railways, Nebojša Obradović, avoid guilt.
Bojanić also requests that the responsibility of the head of the Basic State Prosecutor's Office, Ljiljana Klikovac, be investigated.
"... Klikovac has already rejected the criminal complaint three times and three times I managed to overturn it at the Higher State Prosecutor's Office, so I expect and will remind the Prosecutor's Council in writing to determine according to her actions", Bojanić pointed out.
The Podgorica ODT formed the subject of false testimony based on Bojanić's report. It was first acted by the deputy of the ODT Romina Vlahović, and then the manager of the ODT Ljiljana Klikovac. She did not find the elements of a criminal offense, so the deputy senior prosecutor in Podgorica, Ljubinka Bašović, annulled the decision three times and ordered her colleague Ljiljana Klikovac to issue a legal decision.
After that, the ODT in Podgorica submitted the case to the Supreme State Prosecutor's Office for consideration, which returned the case to the ODT Podgorica for processing.
What did the SD president say in court
In 2017, Social Democrat leader Ivan Brajović testified in front of judge Ana Vuković that none of his party's rallies were paid for by the Directorate of Railways.
"I don't think that state bodies should pay for my party's gatherings. It doesn't occur to me that they pay for it. I have no knowledge that any state body paid for any gathering that preceded the founding of the SD," said Brajović.
At that time, Brajović said in the courtroom that he believed that the case was fabricated in order to compromise the SD.
SD official Emil Durumbašić in the High Court in 2016, answering the question why he organized a meeting for the Directorate, said that he did it at the request of (Nebojša) Obradović, who complained to him that he had a problem due to leaking information.
He then said that he had organized four meetings for the needs of the SD and the Directorate.
Now Kukavičić is the boss of Obradović
Bojanić said that the government led by Duško Marković did not react despite several letters and warnings that a man who was legally convicted of corruption worked in the Ministry of Transport: "On the other hand, the prime minister boasts that he is fighting corruption, but in fact he and his Government promoters of corruption".
Bojanić stated that Miroslav Kukavičić, who was Nebojša Obradović's deputy, testified in court that he was present at two meetings that definitely did not take place.
"Meanwhile, Obradović was sentenced with finality. He resigned, and Kukavičić took his place as acting official. Obradović, who was sentenced by the final decision, then worked in the Ministry of Transport, from where he has now been returned to the Directorate for Railways, and the decision was signed by Kukavičić. The one who lied in court, for his boss at the time, is now the boss of this one who has been legally convicted," said Bojanic.
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