The Prosecutor's Council of Montenegro sent a notice to lawyers Dragoljub Đukanović and Stefan Jovanović, about the complaint against the work of state prosecutor Tanja Božović in the case of the defendants Budimir and Marina Krstović, who were acquitted by the first-instance verdict of smuggling 1.206 kilograms of cocaine.
The complaint against the aforementioned plaintiff's work was submitted after the hiring of the Spanish interpreter Žana Tassan Mazzocco, which, as pointed out by lawyers Stefan Jovanović, Dragoljub Đukanović and Bojana Franović, was illegal.
"I inform you that at the XXI session, held on November 24, 2023, the Prosecutor's Council considered the complaint that you filed as the lawyer of Budimir and Marina Krstović, against the work of Tanja Božović, state prosecutor at the Higher State Prosecutor's Office in Podgorica, in the case of Kt. no. 184/21. After an inspection of the aforementioned case files, and bearing in mind the submitted necessary statements in accordance with the provisions of the Rules of Procedure of the Prosecutor's Council, the Prosecutor's Council determined that in accordance with the provisions of the Law on Interpreters and the Law on Criminal Procedure, which regulate the engagement of experts, the engagement of interpreters must be carried out formally and directly , and not informally and indirectly. He appreciates that in this specific case these rules were not applied, and that the complaint in this part is founded. Bearing in mind that an incorrect translation was established during the court proceedings, which can be the basis for determining the negligent work of the interpreter, while he is concerned that the Prosecutor's Council has no knowledge that in accordance with Article 16 of the Law on Interpreters, the state prosecutor submitted a request for the dismissal of the court interpreter. "
The Prosecutor's Council, when it comes to the other allegations in the complaint, assessed that it was unfounded.
Also, the Prosecutor's Council assessed, bearing in mind that the complaint reports the criminal offense of negligent work in the service from Article 417 of the Criminal Code of Montenegro, that it is necessary to submit it to the Basic State Prosecutor's Office in Podgorica for further action. The Prosecutor's Council instructs the acting State Prosecutor to respect the procedure for sending material for translation to an interpreter, and to avoid sending material by an expert, instead of directly, in written or electronic form or via e-mail from the State Prosecutor's Office," states the notification of the recent President of the Prosecutor's Council, Tatjana Begovic.
A wrong translation led to the indictment against Budimir Krstović
By the first-instance verdict of the Higher Court in Podgorica from July 21, 2022, the Krstovićs were acquitted of the charge of smuggling 1.206 kilograms of cocaine in the second court proceeding. The verdict, following the prosecution's appeal against the acquittal decision, is now in the Appellate Court of Montenegro, and the panel session is scheduled for February 29.
At the trial, court interpreter for the Spanish language Žana Tasan Mazzocco said at the trial of Budimir and Marina Krstović, accused of smuggling 1.206 kilograms of cocaine, that she apologized for translating the communication from English between Marina and the owner of the company from Ecuador, Carlos Falquezi.
"It took me. If I am sinful, may God forgive me," she said.
It is about the communication between Marina Krstović, Budimir Krstović's daughter, and the owner of the company in Ecuador, on the WhatsApp application.
Answering the questions of the defense, how it came to be that she used her stamp as a court interpreter for Spanish to certify the English translation as well, Žana Tasan answered: "I was moved by that. That's where I made a terrible mistake by translating from English. I apologize for being sinful, if I harmed anyone," said Jeana Tassan, court interpreter for the Spanish language.
For the defense, the arbitrary and arbitrary translation of the court interpreter, which translated from English, was controversial: "...It seems that on the 29th week the ship will bypass the port, expect trouble there". The defense pointed out at the trial that Marina Krstović did not write this at all in the original part of the message.
The original message reads: "Looks like wk 29 they will slifr puerto bolivar port - it will have to be Guayaquil that's what msc Serbia toid me /
Translation by Žana Tassan Mazzocco: "It seems that on Sunday the 29th, the ship will bypass the port of Bolivar - as I was told by MSC Serbia, they expect trouble there."
After the criminal complaint was filed, Spanish language interpreter Tassan Mazzocco testified before the ODT in Podgorica. Among other things, she stated that she "doesn't know why the prosecutor didn't react immediately, given that she noticed the mistake right away."
"I cannot accept the allegations of the report in the part where I am charged that based on my translation, those few sentences that are listed in the criminal report, there was such a consequence that it would consist in the determination and further extension of the detention of the suspects, nor that it was only on the basis of the translation of those specific sentences that the indictment was filed, that is, the indictment entered into legal force", according to her interpreter's statement. "On the other hand, I accept that in the specific sentence 'Looks like wk 29 thay will skip puerto bolivar port-it will have to be Guayaquil that s what msc serbia told me', I wrongly translated the name of the port-toponym Guayaquil and that by I translated Guayaquil as "trouble" and added "they expect trouble there". However, I associated the word Guayaquil with trouble, since that word exists in the Italian language, and they expect this there', it came from the meaning of the sentence, since they had to bypass the port Bolivar as it comes out in the sentence," said Tassan Mazzocco, among other things.
Bonus video:
