Prosecutor's attorney, lawyer Kasim Dizdarević he said that the Basic Court, as the key reason for rejecting the claim Dragan Madžgalj, stated the findings of the then expert in the electrical field and now of the accused Milutin Ostojić (76), who stated in that document that the cause of the fire was in the room to the left of the front door.
Dizdarević pointed to several irregularities in the work of that court, the Basic State Prosecutor's Office in Bijelo Polje, as well as the High Court.
He said this during his statement on written evidence in the continuation of the trial of expert witness Ostojić, who is responsible for abuse of official position, in conjunction with the criminal offense of giving a false testimony.
According to the indictment, that expert on three occasions during 2017, acting in a civil case of the Basic Court in Bijelo Polje, in his capacity as an expert in the field of electricity and energy, purposefully abused his official position, which made it impossible for Madžgalj to exercise his right to compensation for damages in in the amount of 50.000 euros.
Dizdarević reminds that the High Court in Bijelo Polje rejected the appeal of the attorney of the injured party Madžgalj and confirmed the first-instance verdict of the Basic Court, pointing to the testimony of the expert witness Ostojić.
"After that, the prosecutor's attorney declares a review and in the review verdict it is stated that the prosecutor's review is rejected as unfounded, because from the findings and opinion of the electrical expert Ostojić, given after the adoption of the annulment decision of the Supreme Court from September 14, 2016, stating that according to the findings of that expert ... it follows that the center of the fire was probably to the left of the front door of the plaintiff's building," said Dizdarević.
He pointed out that after that, a criminal complaint was filed against the expert for abuse of official position, in conjunction with the criminal offense of giving a false testimony.
He recalled the findings of the expert witness Radovan Popović, at the last hearing, who decisively said that "if there was a fire in a room, there must be at least traces", which the accused falsely presented in the findings in the opinion at the hearing in the Basic Court.
Pointing further to the omissions, Dizdarević said that the expert witness Ostojić, when explaining the findings, did not inform the court of the fact that he is the founder and owner of the NGO "Cigre", which deals with issues in the field of Elektroprivreda, and that this company is his sponsor. ... He said that his son and uncle's brother are employed at EPCG.
The lawyer of the accused, Vladan Đuranović, said that his client "cannot be blamed for how the court interpreted his words in the finding", and that from that finding it can be seen that he was not decisive, because he stated in the finding that "the center the fire probably started in the room"... He also said that the accused is not the owner of "Cigra".
Dizdarević pointed to the illegal work of the Basic State Prosecutor's Office and the High Court in Bijelo Polje.
He claimed that the accused Ostojić contacted the state prosecutor of the Basic State Prosecutor's Office by telephone (without mentioning the name of the prosecutor), who told him in what sense he should present his defense and what to say, and in support of the fact that it was an illegal act of that state prosecutor, he stated is the information that she "rejected the criminal complaint twice, and that the Higher State Prosecutor's Office twice returned the files in order to act in accordance with the CPC, which determined the further course of the proceedings".
Dizdarević also referred to the illegal work of the High Court.
"And the High Court on two occasions, acting in the indictment proceedings, so, although for the sake of control it is mandatory to schedule a hearing, it issued a decision rejecting the indictment, which was sent back for re-decision by the decision of the Court of Appeal, citing illegalities, so it was only in For the third time, he scheduled a hearing for the review of the indictment, after which he issued a decision confirming the indictment," said Dizdarević.
Attorney Đuranović called on attorney Dizdarević to file a criminal complaint if there was any work outside the law, otherwise he will consider everything as pressure on the court.
The trial continues on October 27.
See more:
Download the app and follow the news
FOLLOW US ON