The expert opinion of the economic and financial profession given by Dritan Pulti, the defenders of the defendants Aleksandar Kuperman, Dmitr Likhota and the defendant legal entity "Zapad banka" doo Podgorica, who are accused of causing damage of 1.502.524,92 with the help of Maksim Slutski to the company "Svitland Global FZE" .XNUMX euros in favor of the company "Ofimmo GMBH", they evaluated as contradictory and confused.
Expert Dritan Pulti today defended his findings in the continuation of the trial in the High Court in Podgorica, before single judge Nenad Vujanović.
State Prosecutor Miloš Šoškić at the Higher State Prosecutor's Office in Podgorica asked several questions in an effort to get answers from experts, whether Zapad banka could collect the loan from the company "Ofimmo" without a written statement from the guarantor of the company "Svitland Global", and whether late payment of monthly interest.
The prosecutor reminded the expert that he stated in the report that the total debt of Zapad banka amounted to 1.504.481 euros.
"The loan was closed ahead of time and was not in arrears. It was approved for one year. I had no idea what the monthly interest was. The principal was returned all at once at the end of the approved loan, while the interest was paid monthly. I had no insight into the loan repayment plan when writing the findings.
I'm sorry, maybe I had a repayment plan because the files were delivered to me by the prosecutor's office, and I had it in mind. I don't know how much the monthly interest on this loan was," said the expert. He added that the loan was approved for 120 months. He then explained what each bank does if there is a delay.
"When the debtor does not fulfill his obligations, the bank must inform the guarantor and must have a notarized statement from the guarantor, that he can be charged from the deposit. There must be a valid notarized guarantor statement to close the loan. If all the documents are not valid, then the guarantee contract is not valid. That is my opinion," emphasized the expert.
Prosecutor Šoškić asked the expert to explain what the statement in his opinion means that the amount of illegal benefits of Zapad banka amounts to one and a half million euros. "I must have used the words unlawfully obtained benefit incorrectly, because it was not in the domain of expertise.
The debtor paid interest regularly and there were no delays and the loan was closed at the request of the debtor. The bank is not obliged to ask the guarantor if the debtor is in arrears", said the expert.
"I cannot say which rules and procedures of the bank were violated," answered the expert witness Dritan Pulti to the question of the lawyer Igor Ivanović.
Lawyer Nenad Pavličić said that the expert selectively interprets the provisions of the contract (on credit and guarantee), and the facts he states are not correct.
"When preparing findings, experts document documents that do not produce legal effect, and do not follow the regulations but in their opinion, trying to give them a character that they do not have. The expert said that unnamed banking regulations were violated.
Such a finding cannot be valid evidence," said Pavličić. Lawyer Igor Ivanović assessed that expert witness Pulti Dritan is unreliable.
"The expert does not know for what period Zapad Bank approved the loan to the company "Ofimmo GMBH", and he does not know whether there was a delay in the payment of monthly interest, and there was.
He said that it was a period of one year, and later that it was a period of ten years. The debtor "Ofimmo" was late in paying the interest for November and December 2016, and for January 2017, which he paid in March. It is clear that such a finding cannot be used as any evidence in favor of the indictment.
It is simply unbelievable that the prosecutor decided to file an indictment based on this kind of finding," said lawyer Ivanovic.
Lawyer Matija Bulatović stated that he believes that he is obviously unprofessional, contradictory and imprecise.
Lawyer Lazar Aković, representative of "Svitland Global", said that during the procedure, he will testify on the findings of the expert.
The extra-judicial panel of the High Court previously separated the case against the defendant Maksim Slucki, who was charged, because he was unavailable to the court.
The indictment presented that the defendants Kuperman and Likhota, on March 31, 03 in Podgorica, in their capacity as responsible persons in the business entity Zapad banka AD Podgorica, by abusing their position of trust with regard to the disposal of these assets, obtained an illegal financial benefit from the legal entity Ofimmo GMBH , and to the detriment of Svitland Global FZE.
The defendant Slutski Maksim knowingly assisted in the commission of a criminal offense, in such a way that the defendant Kuperman, executive director for foreign sales and Dmitro Likhota, executive director for business support, with the help of Slutski, closed - prematurely repaid the loan to Ofimmo GMBH approved on the basis of Loan Agreement 684/2015 dated 10/11/2015, concluded with "Zapad banka" in the amount of 1.500.000 euros, Annex to loan agreement 684/1/2015 dated 30/11/2015, from of the deposit of the damaged legal entity "Svitland Global FZE" deposited under the Term Money Agreement of Svitlana Yemelyanova, which would approve the early closing of the loan to the legal entity Ofimmo GMBH from the deposit of Svitland Global FZE".
A copy of the statement with the alleged signature of Svitlana Yemelyanova was delivered on March 31, 03 to the defendant Kuperman from the defendant Slutski via email from the address of the company Aviaweb, owned by Slutski's wife.
The indictment states that Slutski created the conditions for the commission of a criminal offense with a falsified statement, although according to banking regulations, the statement - consent must be in the original, signed in the presence of a bank employee.
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