Former bankruptcy trustee of Kombinat aluminum Podgorica Veselin Perišić, was acquitted of having committed a criminal offense - abuse of official position.
The first-instance verdict in the High Court in Podgorica was pronounced by a judge Irena Šofranac Nedović, stating that there is not enough evidence that the defendant committed a criminal offense.
Presenting his defense in May of last year, Perišić said, among other things, that he does not recognize the allegations of the indictment, that is, that he reduced the bankruptcy estate by 44.933,02 euros by illegally using his official position.
According to the indictment, Perišić illegally allowed the heirs of the late RB to buy the apartment for 1.066 euros, which they then sold for 46.000 euros.
According to the prosecution, Perišić thus reduced the bankruptcy estate by the amount of 44.933,02 euros.
"At the request of AB, the mother of the deceased, I made a decision in accordance with Article 113 of the Law on Bankruptcy Procedures." When deciding, I had in front of me the legally binding decision of the Basic Court in Danilovgrad, which declared Ana Babić as the legal heir behind the late RB. This is the right to buy the apartment, and that decision is binding without exception. Therefore, it was not me who decided, but the court, and I only applied the final court decision. It is obvious that there is no illegality in my actions. The injured party, Momirka Damjanović, as the applicant against me, does not claim the right to the apartment because the housing issue has been resolved by the decision of the KAP Housing Affairs Commission. She filed 16 lawsuits, six were rejected, two were dismissed, four were withdrawn, while four are in the process of termination. That there is nothing illegal in my actions is also confirmed by the decision of the notary, before whom the contract on the purchase of the apartment was concluded, who, on his official duty, takes into account whether there were any irregularities. In the bankruptcy proceedings conducted in KAP, there were 2.400 creditors, with whom extensive documentation was submitted, and which I had to review in 40 days," Perišić said earlier in his defense.
As stated in the indictment, he granted the heirs of the deceased RB, a former employee of KAP, the right to withdraw from the bankruptcy estate of KAP in bankruptcy, an apartment of 45,10 m2 and enabled the conclusion of a contract on the purchase of this apartment on favorable terms.
It is added that the legal heirs of the deceased, who were held as beneficiaries, could not buy the property at the time of bankruptcy.
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