The Special State Prosecutor's Office (SDT) dismissed the criminal complaint based on which it was investigated whether the company "Možura Wind Park" (MWP) was legally denied nearly seven million euros of input VAT.
At the same time, the special prosecutors delivered to their colleagues from the Basic State Prosecutor's Office case files related to possible evasion of taxes and contributions in the company's business with the company "Shanghai Electric Power Engineering Montenegro LLC".
This was answered to "Vijesta" by the SDT, headed by Chief Special Prosecutor Milivoje Katnić.
The criminal charges against the two directors of "Možura wind park" - Kevin Chircopo and Jianchao Li, as well as the director of "Spice Ronghe International limited" Rajko Stanišić and authorized representative Yizhou Gui - were dismissed.
"When it comes to the case that was formed in the Special State Prosecutor's Office in connection with the operations of "MWP" DOO Podgorica, which refers to the right to deduct input VAT, in the amount of 6.942.447,87 euros, which was stated on the basis of procurement equipment and transfer of funds between the legal entities "MWP" DOO P and "SRIML" DOO P, a decision was made to dismiss the criminal complaint against KC and JL, responsible persons in the legal entity "MWP" DOO P., and SR and YG, responsible persons in the legal entity "SRIML" DOO P., and against the legal entities "MWP" DOO P. and "SRIML" DOO P., due to the criminal offense of abuse of position in business operations from art. 272 st. 3 in connection with paragraph 1 of the Criminal Code of Montenegro, because there is no well-founded suspicion that the mentioned persons committed this, nor any other criminal offense for which prosecution is undertaken ex officio", the SDT replied.
The owners of 'Možura wind park' are the Maltese state company 'Enemalta' and 'Malta Montenegro wind park', whose headquarters are also in Malta. The owners of 'Enemalta' are the Government of Malta and the Chinese company 'Shanghai Electric', which was the contractor on Možura.
The prosecutor's office previously asked an economic expert for an opinion regarding the business of "Možura wind park", the company that took over the construction of a wind power plant on Možura, which refers to the right to deduct input VAT in the amount of almost seven million euros.
That amount of VAT is shown in the financial documentation based on the purchase of products (turbines and other equipment) from the company "Spic Ronghe International Limited", the total value of which was slightly more than 40 million euros.
The SDT explained that when making the decision, it was assessed that the responsible persons in the companies "Možura wind park" and "Spic Ronghe International Limited" and those legal entities, as tax payers, used their legal rights:
"And against the decisions of the Tax Administration, as a first-instance authority, they expressed objections, that is, appeals, and used the right to file a lawsuit against the legally binding decision of the second-instance authority, and in the administrative procedures and bookkeeping records, they presented all the data and documentation that is important for their business relations and determining of the tax obligations of these legal entities, which was all carried out through the bookkeeping records, and that, in the final analysis, which results from the collected documentation, during the duration of the administrative procedure, the tax was paid", explained the SDT.
Tax evasion perhaps?
The Basic State Prosecutor's Office in Podgorica received from colleagues from SDT the case files collected during the verification of the business relationship between MWP and "Shangaj Elektrika", which was the contractor for the wind power plant.
”And which during 2017 issued invoices for the performed works and services according to the legal entity "MWP". DOO P., so as the analysis of the data and documentation collected in the investigation showed that the responsible persons in the legal entity "SEPE (M.) LLC" DOO P., possibly committed the criminal offense of evasion of taxes and contributions from Art. 264 of the Criminal Code of Montenegro, that is, in relation to this criminal offense, the case files were submitted for further proceedings and decision to the Basic State Prosecutor's Office in Podgorica", said the SDT.
According to the available data, the founder of "Shangaj Elektrika" is "SEP Engineering Malta CO. Ltd", the director is Jian Zhang, and the authorized representatives are Jiao Wu and Dai Huriong.
Daphne is not mentioned
The SDT did not answer whether they ever, through international legal aid, requested documentation about that business from the judicial authorities of Malta, Spain, Azerbaijan...
They did not answer whether they participated in any way, independently, or at the request of the competent authorities of Malta, in the investigation of the murder of the investigative journalist Dafna Caruana Galicia.
The business related to the purchase and sale of the "Možura" wind power plant in Malta was allegedly assessed as corrupt, because it is believed that corruption occurred through the company "Cifidex Limited" and other related transactions from 2015 and later, which were partly carried out through Montenegro. several senior government officials of Malta.
Allegedly, that case is connected with the murder of journalist Dafna Caruana Galizia. Among other things, she investigated possible corruption in the construction of the Možura wind farm in Montenegro and exposed crime in the highest echelons of government.
She was killed in an explosion while she was leaving home by car on October 16, 2017.
Prosecutors there claim that the organizer of the murder was Jorgen Fenek, who had close ties to government officials. Fenek denies any responsibility.
The son of the murdered journalist, Metju Caruana Galicija, previously told "Vijesti" that the then Prime Minister Milo Đukanović was a key person from Montenegro that his mother dealt with while investigating the "Možura" case, but also that she was investigating his connections with the former Prime Minister of Malta Joseph Muscat and the ruling elite in Azerbaijan.
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In the middle of August last year, in the midst of the pre-election campaign, Đukanović asserted that in the case of "Možura" "everything was done flawlessly and cleanly", adding that he responsibly claims that there is no one to blame in Montenegro.
Muscat resigned in early 2020, after the widening political scandal over the murder of a journalist threatened to topple his government. In August of the same year, he was questioned in that investigation.
Accused of masterminding the murder, Fenech was a close friend of Muscat's former chief of staff, Keith Schembri, who claims he did nothing illegal or knew anything about the murder or the perpetrators.
The "Times of Malta" and the British agency Reuters previously announced that Fenek, through his company "17 Black Limited", earned millions from the "Možura" wind farm project in Montenegro. In the months before the murder, Caruana Galicia was on the trail of that offshore firm.
The offshore company "17 Black Limited", which Galicia investigated in 2015, made a profit of 4,6 million euros, when the state energy company "Enemalta" bought a wind farm in Montenegro. The purchase followed several trips to Montenegro and negotiations led by the then Minister of Energy of Malta, Konrad Mici.
They scout construction and consultants
Special prosecutors are still investigating possible irregularities related to the construction of the "Možura" wind power plant.
"The Special State Prosecutor's Office is actively taking all the measures and actions within our jurisdiction with the aim of elucidating the criminal legal event in question, and the investigation procedure is still ongoing," said the SDT.
The focus of the SDT investigation was to check whether Marko Vujović, as the executive manager of the company "Adriatic Capital Advisory", overpaid or perhaps charged twice for the consulting services of the company "Možura Wind Park".
SDT is still checking whether consulting services (obtaining various permits and reports) were done at all for "Možura wind park" and whether that work was worth 1.400.725 euros.
"In the case in which the legality of consulting services, which were performed for the account of "MWP", is being checked. DOO P., the investigation procedure is still ongoing and the expert opinion by the court expert in the economic and financial profession is ongoing, and it is not possible to disclose more data and information in order to protect the interests of the ongoing proceedings", the SDT pointed out.
In that case, the special prosecutors heard several people, and those responsible from "Možura Wind Park" claimed before them that it was not much for them to pay about 40.000 euros on a monthly basis to the company "Adriatic capital advisory" and that there was nothing disputed.
During the investigation, it was also checked who were the principals who, on the basis of consulting services, made payments in favor of the "Adriatic capital advisory" account and who spent the money and in what way.
The owner of the company "Adriatic capital advisory" is hiding behind the offshore company from the Seychelles "Spartans Global Holding INC".
Marko and Bojan Vujović are relatives of Branimir Gvozdenović, who in 2012 as Minister of Sustainable Development and Tourism issued key permits, after which the construction of a wind farm on the hill between Bar and Ulcinj was started...
Both Vujovićs were previously employees of that department, and their names are found in numerous documents during the purchase and sale of the wind power plant.
Bojan Vujović, according to documents from the investigation in Malta, was the representative of the company "Cifidex Limited" and he signed the contract for the sale of the company "Možura Wind Park" to the company "Enemalta".
Vujović previously announced that he was only a lawyer in that business, who provided legal and technical support in the project.
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