Is pilot Delević returning to the helicopter unit of the MUP?

After nine and a half months, the disciplinary proceedings against the pilot of the Helicopter Unit of the Ministry of Interior, Igor Delević, who, together with his colleague Dražen Vlahović, refused to take off the helicopter on September 5 last year due to dramatic security assessments and the poor condition of the aircraft. Cetinje, where, according to the action plan, they were supposed to be accompanied by a military helicopter that transported Metropolitan Joanikije of the MCP and Patriarch Porfirije of the Serbian Orthodox Church to the enthronement in the Cetinje Monastery.

According to the Law on Administrative Procedure, the Disciplinary Commission of the Ministry of Internal Affairs has a deadline of 30 days for a decision, but as the Air Helicopter Unit is dealing with a shortage of pilots and aircraft in the midst of the summer tourist season, it is to be expected that it will be known as early as next week whether the pilot Delević still be under suspension...

In the closing words, Delevic's representative, lawyer Miloš Vukčević, said that based on the disciplinary procedure implemented, only one conclusion can be drawn - that pilot Delevic is not responsible, that is, he did not commit a serious breach of official duty - refusing to carry out an order or work assignment.

"He cannot be held responsible for a serious violation of his official duty due to the fact that there was no order or work assignment, that is, it was not even assigned to him. The question arises as to how someone can be held responsible for not carrying out the order when that order or work assignment Namely, from the testimony of all the witnesses - former minister Sergej Sekulović, director of the Department for Emergency Situations Miodrag Bešović, and assistant directors of UP Miloš Rakonjec and Dragan Gorović, it is clear that Delević was never given a clear order, which specific task he should do He was accused of refusing to "take over the piloting of the helicopter", while in the amended Decision on the initiation of disciplinary proceedings dated September 28.09.2021, 6, it was stated that Delević "refused to fly the helicopter of the Aviation Helicopter Unit, on the order of the immediate manager, in connection with at the request of the assistant director of the Ministry of Interior transport the person from Podgorica to Cetinje with the explanation that it is not safe". However, in this legal matter, in accordance with Articles 7 and XNUMX of the Instructions on the use and use of helicopters and airplanes of the Ministry of Interior, there was no order from the minister on the use and used aircraft, so my client cannot be held responsible for a serious breach of official duty," stated Vukčević.

The pilot's lawyer stated that the minister had to specify in writing, except in cases of urgency when he can orally: type of aircraft, date and time of take-off, route and purpose of the flight.

"All that was left out, and the minister at the time clearly stated in his testimony as a witness that in the conversation with Bešović he did not disclose the type of aircraft that would be used, the date and time of take-off, the route and the purpose of the flight. Sekulović stated that the minister does not issue operational orders but that he only told Bešović that the helicopter should be ready. Therefore, the first assumption that there would be responsibility of Delević was not fulfilled, because there was neither a written nor an oral order about the use and use of the aircraft. This was confirmed by all the heard witnesses, whose statements are in this part completely match. And the witness Bešović states that he did not receive precise information about the action from the minister, but that he issued an order to Delević to report to Rakonjec for precise instructions. Therefore, Delević's direct superior, Bešović, who is the only one authorized to give work tasks and orders to the pilot, "he did not give the order to carry out the helicopter flight. Rakonjac could not even issue any order to Delevic because he is not his superior," stated Vukčević.

"Clay Pigeon"

During the closing remarks, Delević's lawyer announced his assessment that, according to the action plan, the MUP pilot should have been a "clay pigeon" that morning, i.e. he should not have transported people (clergy) but only diverted the attention of citizens to Cetinje , while the transport is planned to be carried out by another helicopter.

"We learn from the witness Rakonjec that Delević was not even planning to carry out the transport, but to be a "bait" to divert attention and to fly the empty helicopter," the lawyer stated.

The pilot's representative stated that he was obliged as the captain of the aircraft to "refuse to transport persons or cargo that could affect the safety of the aircraft.

"Even if he had received an order or work assignment that morning (which we later learned consisted of being a "bait" or "clay pigeon" to distract attention) he was obliged to refuse it for security reasons because they were fulfilled all the cited conditions from the Operational Manual to refuse to make the flight. This is especially so because, as can be seen from the testimony of witness Gorović, there was operational data from the police that there was an unmanned aircraft - a drone with explosives that could threaten the safety of the helicopter and the people in the Also, the witness Gorović informed Delević about this information and said that he was not flying the helicopter because the safety conditions were not met and that "it is realistic to expect that the aircraft may be damaged, as some police vehicles were previously damaged." He confirms this fact. and the witness Sekulović himself, who was a minister at the time, also says in his testimony that there was information that there was a drone with explosives that could be used to damage the aircraft and prevent its safe flight from Podgorica to Cetinje. Montenegro needs Delević more than Montenegro needs him, and he did not deserve that a state body - the MUP - should treat him like this - initiate disciplinary proceedings and suspend him for something he did not do," said the lawyer.

Dražen Vlahović, the second pilot of the Air Helicopter Unit of the MUP, was formally reinstated at the beginning of the week after the Complaints Commission on April 28 annulled the decision of the previous Minister Sekulović, by which he was suspended because, on September 5, he and a colleague refused to use an MUP helicopter take a risky action.

Interior Minister Filip Adžić signed the decision to return Vlahović to work on June 15, and the explanation states that "his presence does not harm the interests of the state body, while the disciplinary proceedings are ongoing".