With the closing arguments of special prosecutor Zoran Vučinić and the defense, the trial in the "Aerodromi" case, in which Duško Knežević was accused of damaging "Aerodromi Crne Gore" for three million euros, was concluded today at the Higher Court in Podgorica. The case involved Duško Knežević, who, together with the directors of "Atlas Banka" Marko Nikolić and Dijana Zečević, damaged "Aerodromi Crne Gore" for three million euros.
Judge Nenad Vujanović will announce the verdict on September 23rd at the Higher Court in Podgorica.
The Special Prosecutor's Office has also filed an indictment against the legal entity "Atlas Banka". According to the indictment, the defendants damaged "Aerodromes Crne Gore" for three million euros and obtained a benefit for "Atlas Banka" in the same amount, because they did not return a deposit of three million euros after the term expired.
In his closing argument, Special Prosecutor Vučinić stuck to the allegations in the indictment and asked the court to find all defendants guilty and sentence them to prison terms within the limits prescribed by law.
"I believe that the defendants committed criminal acts. The injured legal entity 'Aerodromi Crne Gore' deposited three million euros with 'Atlas Banka'. The situation is clear. The bank is obliged to return the money to the transaction account of 'Aerodromi' after the deadline of 11 August 2018. This is a non-purpose deposit. The bank was obliged to return the money and make it available, which did not happen. Annex II of the contract was not concluded and the deadline expired, which is why the bank obtained an unlawful material benefit. Instead of returning the money, the defendant Dijana Zečević is starting negotiations with 'Aerodromi' for a re-deposit. I propose that the 3.000.000 euros be returned and that the defendant be found guilty and sentenced to prison within the limits prescribed by law," said the special prosecutor in his closing argument.
Lawyer Dušan Radosavljević proposed to the court to acquit the defendant Knežević of the charges. He believes that the indictment should never have been filed.
"It remains unclear what the crime is here and how "Aerodromi" was damaged. Normal banking operations are presented as a crime. There is no evidence that "Atlas Bank" obtained material gain. This is undoubtedly a politically orchestrated process to bring down Duško Knežević," said Duško Knežević's defense attorney, among other things.
Lawyer Andrijana Razić, Knežević's defense attorney, assessed that the indictment lacked legal qualification.
"'Aerodromi' could not have the status of an injured party, nor has it been proven that they were harmed. There is no doubt that 3.000.000 euros were in the transaction account of 'Aerodromi' and were not owned by 'Atlas Banka'. As for the contract on a non-purpose term deposit in the amount of 3.000.000 euros, this is an obligation relationship and nothing else. It should have been a civil proceeding, not a criminal trial. I propose that the court acquit Knežević of the charges because he did not incite anyone, because this is not a criminal offense and/or because there is no evidence that he committed a criminal offense," Razić stated.
"The DPS hybrid regime launched repression against Duško Knežević"
In his closing argument, defendant Marko Nikolić proposed that the court acquit him.
"The entire criminal proceedings conducted in this case cannot be viewed in isolation, outside the context of the political situation in Montenegro at the time of its initiation. The indictment and the process itself are part of a broader mechanism of political repression directed against Duško Knežević. This has been reported by relevant international actors, including Freedom House and the State Department, who have repeatedly pointed out the fact that a hybrid regime formed by the DPS is in power in Montenegro, in which the judiciary is used as an instrument of political control and elimination of dissenters. The process against Duško Knežević has been cited as an example of politically motivated indictments, and all individuals and officials who were in the system of cooperation with him have become the target of selective application of the law. In this context, my procedural position in this case is also a product of political influence, and not of the lawful and independent action of state institutions."
Nikolić said that the closing statement is "an appeal not only to judicial logic, but also to human conscience - to not allow the injustice once committed through the initiation of this procedure, motivated by politics, to become a legal norm."
"I am addressing you at this most important moment of the proceedings, which summarizes the entire course of the proceedings so far, not only as one of the defendants, but as a citizen who, throughout the years of this and other trials since 2017, in some of which I was arrested and then acquitted, has witnessed the collapse of justice under the burden of political pressure, fabricated charges and media persecution. In this case, throughout all phases of the proceedings, not a single piece of valid evidence has been presented that would confirm my or anyone else's criminal responsibility. The so-called 'Airports Affair' has had the character of political persecution from the beginning. The key actors in this case did not act within their jurisdiction for the purpose of achieving unlawful gain, but rather worked within the applicable contractual and institutional frameworks, with the continuity of formal and factual cooperation between institutions. None of the actions charged against me and the other defendants can be qualified as a criminal offense because all elements of illegality, intent and the idea of achieving material gain - were absent. In addition, I emphasize that none of my "I did not incite anyone to commit any criminal offense by this action, nor did I have any motive or interest in it. In accordance with Article 24 of the Law on Obligations, it is clear that Atlas Banka sent an offer to conclude an annex to the term deposit agreement, and that the company Aerodromi Crne Gore unequivocally accepted Atlas Banka's offer to extend the term deposit, via e-mail communication. The consent of the will was clearly expressed, and the bank acted in accordance with normal business practice and contractual obligations. Such conduct cannot be considered illegal on any grounds," Nikolić said in his closing statement.
Đuranović: The state confiscated 3.000.000 euros and they are in the Central Bank
Attorney Vladan Đuranović, defense attorney for the defendant "Atlas Banka", said that there is no criminal offense in this case, but that it is a classic example of civil litigation.
"It is not clear that there were any acts of incitement. The money was deposited and the bank did not return it. There was a possibility of a temporary measure. 'Aerodromi' filed a criminal complaint to speed things up. The money has still not been returned. This is the longest time since they filed a criminal complaint. The funds were seized from 'Atlas Bank' and were confiscated by the state, and 3.000.000 euros are in the vault of the Central Bank. This is a typical civil relationship. 'Aerodromi' was also aware that the civil proceedings were uncertain, which is why they did not initiate civil proceedings," Đuranović assessed.
Franović Kovačević: Zečević had authority only within the bank
Attorney Bojana Franović Kovačević, defense attorney for Zečević, stated in her closing arguments today that during the proceedings it was indisputably proven that not a single claim from the indictment regarding her client is true.
"First of all, she was charged with being incited by the defendants Duško Knežević and Marko Nikolić to abuse her position as a responsible person, Deputy Executive Director for Domestic Funds and Payments of Atlas Banka AD Podgorica, in terms of disposing of other people's property and, by failing to perform her duties, to obtain unlawful material gain for Atlas Banka and to cause damage to the company 'Aerodromi Crne Gore' AD Podgorica. However, Dijana Zečević was not a responsible person in terms of the provisions of the then applicable Rulebook on Job Classification, given that she was appointed to the position of Deputy Executive Director for Domestic Funds and Payments on 25 November 11."
Franović Kovačević said that Zečević "was not the responsible person as wrongly stated in the indictment."
"The responsible person was already the bank's chief executive officer, bearing in mind that the chief executive officer for funds and payment transactions in the country had not been appointed at the time of the alleged criminal offense. She was also not the person who, in accordance with such applicable regulations, had the authority to take the actions that the indictment stated she had to take. She had the authority only internally, to propose the conclusion of the contract within the bank or to consider that the contract should not be concluded and to make a contrary proposal. But that authority concerns internal corporate decision-making. Actions towards third parties - Airports are authorized only by the bank's chief executive officer and the decision to conclude or not conclude the contract. The deputy chief executive officer did not have the authority to decide on business transactions, but could only do so by the chief executive officer, which further means that she could not implement the transaction in question without the decision of the chief executive officer, and it is explicitly stated that the deputy is accountable for his work to the chief executive officer."
Franović Kovačević said in her closing statement that this means that only the Chief Executive Officer and the Executive Director could take legal action against third parties, outside the bank, against Aerodrom Crne Gore AD, as the responsible person, and the Deputy Executive Director has no authority in that regard, and thus no responsibility.
"It is clear that from the aforementioned legal provisions and the provisions of the cited Regulation, it is indisputably established that Dijana Zečević was not responsible for the return of the funds in this specific case, nor did she have the authority to return the funds in question without an order from the Chief Executive Director, and at the same time, the fact that she persistently received notifications from the Chief Executive Director, as well as from responsible persons at Airports of Montenegro, that an annex would be signed for the deposit in question, extending the maturity date, must not be ignored. During the evidentiary procedure, based on the evidence presented, it was indisputably established that the actions of Dijana Zečević did not constitute the essential elements of the criminal offense with which she is charged. When the entire event is viewed chronologically, and when the actions of all participants, and especially the representatives from "Aerodromes of Montenegro", are analyzed, it is clear that Dijana Zečević is not responsible for the situation that arose, but that she was the only one who tried to resolve it. From all of the above, it is clear that Dijana Zečević did not act intentionally in this specific case, and it is precisely intent that is an essential element of the offense she is charged with. She cannot also be charged with dereliction of duty, because, given the position she held, she did not have a duty to act in this specific case, as the prosecution incorrectly states, which is why I propose to the court to acquit Dijana Zečević, bearing in mind that during the evidentiary proceedings it was undoubtedly established that she did not commit the criminal offense she is charged with," said Franović Kovačević.
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