Prosecutor Dragan Madžgalj and his attorney Kasim Dizdarević requested the disqualification of the president of the panel and judge of the High Court, Ivan Adamović, due to suspicion of impartiality, as well as the president of that court, Milan Smolović.
This was said by lawyer Dizdarević in the High Court in Bijelo Polje, before the retrial of expert witness Milutin Ostojić, who was previously acquitted of abuse of office, in conjunction with the criminal offense of giving 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 electrical engineering - energy, deliberately abused his official position, which made it impossible for Dragan Madžgalj to exercise his right to compensation for damages. in the amount of 50.000 euros.
"Given the previous conduct of Judge Adamović in the proceedings preceding the verdict and the violations committed in this verdict, I express my doubts about his impartiality, i.e. his actions during the previous proceedings. At the main hearing, Judge Adamović showed open bias to the detriment of the injured party as a prosecutor in favor of the accused Ostojić", said Dizdarević.
During the main trial, the lawyer pointed out, although the indictment was confirmed, the judge refused to present the evidence of the witness examination, which the injured party proposed.
"In addition, the statements from the explanation of the verdict cast serious doubt on all those statements, which are in direct contradiction with the evidence presented", said the lawyer, citing as an additional reason the court's failure to act on the request for audio recording of the entire course of the main trial, which was not done. .
At the same time, the lawyer added, they are seeking the exemption of the president of that court and the president of the extrajudicial panel, Smolović, who participated in the panel when the indictment was dismissed, although according to the CPC, he could not participate, because he acted as a member of the panel in the same legal matter.
Dizdarević pointed to the practice of that court that, regardless of the merits of requests for exemption, they are rejected 'ad hoc', which makes the institute meaningless and wants to create the appearance that every such request is unfounded.
During the proceedings, the accused claimed that he had not committed the crime he was charged with.
After the decision of the competent court, the date of the hearing will be determined later.
See more:
Download the app and follow the news
FOLLOW US ON