After the trial ended today with the giving of closing arguments, the sentencing of the former President of the Supreme Court Vesna Medenica is scheduled for November 4 in the High Court in Podgorica.
She is accused of having committed the criminal offense of abuse of office in connection with the former judge of the Basic Court, Rožaje Milosav Zekić.
The Special State Prosecutor's Office (STP) filed an indictment against the former president of the Supreme Court, Vesna Medenica, accusing her of illegally making a decision and archiving the case of the judge of the Basic Court in Rožaje without the knowledge of the members of the Judicial Council.
Medenica stated today in her closing speech that the legal hypocrisy is an afterthought of SDT and that she is proud of her work and what she left behind.
She said that now you can see what the situation is and that during her mandate, no one was released from custody without a verdict being passed within three years.
"Vesna did not destroy the justice system. They were demolished by those who wanted to see me on the dock," she stressed.
She added that she does not feel guilty at all.
"The indictment accuses me of deciding not to remove Judge Zekić instead of judicial advice. I am pointing to the wrong application of substantive law," said Medenica.
She pointed out that what was stated by the SDT is correct, that the decision is made by the Judicial Council and added that this confirms that she did not have the authority to decide on the removal of the judge, for which the SDT accuses her.
"It is true that I did not forward the anonymous complaint to the Judicial Council, but it is also true that the Judicial Council received it on the same day that I did, and it was indicated in it," said Medenica.
Her defense attorney, lawyer Zdravko Begović, said that the actions of Vesna Medenica in this particular case do not have an essential element of the crime.
"Therefore, there is no intention. She had neither the awareness nor the will to exceed the limits of her official position, nor was she able to do such a thing, since it was exclusively within the jurisdiction of the Judicial Council. Vesna Medenica was only the president of the Supreme Court, who stated in an official note that criminal proceedings were being conducted against that person, and she was aware that the Judicial Council had been informed. Because on the same day that Vesna Medenica received the letter that criminal proceedings were being conducted against that judge in the Basic Court in Kotor, the Judicial Council received the same notification. The most important thing is that in that act, which was forwarded to Vesna Medenica, it was stated that the Judicial Council was also informed. Therefore, we are absolutely convinced that there is no such essential element in her actions and she cannot be guilty of abuse of official position, as stated by the prosecutor in his indictment," said Begović.
The Special State Prosecutor's Office filed an indictment against the former president of the Supreme Court, Vesna Medenica, accusing her of illegally and without the knowledge of the members of the Judicial Council, making a decision and archiving the case of the judge of the Basic Court in Rožaje.
Accused Vesna Medenica insisted that closing arguments be given today. She proposed to the court to "move" the hearing for a few hours. The defense attorney of the accused Vesna Medenica, lawyer Zdravko Begović, pointed out that today's postponement is an indication that Medenica is not postponing hearings, as is often the public perception.
The indictment alleges, among other things, that on February 18, 2019, Medenica, in her capacity as an official of a public official, president of the Supreme Court of Montenegro and a member of the Judicial Council, was aware of her act and its prohibition, the execution of which she wanted, by exceeding the limits of her official powers, benefited Milosav Zekić, the judge of the Basic Court in Rožaje. In the way that she went beyond her powers as the President of the Supreme Court of Montenegro, in the case of Judicial Administration IV-I-Su. no. 7/19, formed on the basis of a submission by a group of citizens, dated January 23, 01, after receiving the requested information from Dr. Branko Vučković, president of the Basic Court in Kotor, in act Posl. no. IV-2019-Su 1/11 dated February 19, 12, in which it was stated that criminal proceedings are being conducted before that court, among others, against the defendant Milosav Zekić, in the case of business designation K. no. 02/2019/159, due to the criminal offenses of endangering safety from Article 18 paragraph 18 of the Criminal Code of Montenegro and light physical injury from Article 168 paragraph 1 in relation to paragraph 152 of the Criminal Code of Montenegro according to the indictment proposal of the Basic State Prosecutor's Office in Kotor Kt. no. . 2/1, dated June 387, 17. year. Along with which document, she was also provided with a copy of the indictment proposal of the Basic State Prosecutor's Office in Kotor, Kt. no. 04.06.2018/387, dated June 17, 04.06.2018. year. As stated in the indictment, Medenica stated with an official note on the inner cover of file IV-I Su no. 7/19 that "until the end of the proceedings, I do not find it necessary to undertake any action, a family dispute", and she archived the case. At the same time, she did not inform the President of the Judicial Council and the other members of the Judicial Council that she had made a decision that it was not expedient and justified to take any action in relation to Judge Milosav Zekić, even though she was aware that criminal proceedings had been initiated against him for the criminal acts that constitute him. Unworthy to perform the function of a judge. Knowing that making a decision on whether the legal conditions for the temporary removal of a judge from office are met are not within her competence as the President of the Supreme Court of Montenegro, but, in accordance with the provisions of Article 121, paragraph 3 of the Law on the Judicial Council and Judges within the jurisdiction of the Judicial Council, in which Vesna Medenica, as a member, had the sole authority to express her opinion on the issue, and not to make a decision on behalf of the entire collective body of the Judicial Council. As a result, Judge Milosav Zekić was granted a benefit in the form of non-removal from the exercise of judicial functions and realization of the right to full salary in the period from February 18, 2019, to July 20, 2020, when, at his request, his resignation was noted. In that period, he only had the right to a reduced part of his salary because the legal conditions for temporary removal from duty were met, and at the same time, he was also given the benefit of the privilege of performing the function of a judge and protection of his reputation, even though he could not perform that function in the said period. perform.
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