Aprcović: Arsić's claim against the "Ten" corporation was incomparably greater than the other way around

Medical experts Dr. Željko Golubović, psychiatrist, Dr. Aleksandar Jušković, orthopedic surgeon, and Dr. Boris Đurović, neurosurgeon, agreed that defendant Vesna Medenica, former president of the Supreme Court of Montenegro, can follow the court process after shoulder surgery, they stated in their findings.

Their findings were read today at the Higher Court in Podgorica in the continuation of the trial of Medenica and Milica Vlahović Milosavljević, a judge of the Commercial Court of Montenegro.

Following this finding, the court continued presenting evidence by hearing witness Željko Aprcović. He stated at the trial today that the Ten Corporation case is already 12-13 years old.

"This is a complex case. A notary participated in drawing up the contract with the 'Ten' corporation, not me. My rights were limited, two mortgages were placed on the tourist complexes and 400.000 euros. This is a joint construction contract. At no time did I dispute that the money was received. The work was related to the construction of a pontoon. Most of the money was invested in the pontoon from the money borrowed from the 'Ten' corporation. After five years, Morsko dobro did not extend the contract and the pontoon was dismantled. I do not know if this case has been concluded before the first-instance Commercial Court. I announced a counterclaim. Seven or eight years ago, I proposed a temporary measure to determine and secure the claim because more money was invested in relation to the loan. My wish was to reach an agreement with the partners," said Aprcović.

Judge Branislav Leković stated in the minutes that Aprcović stated the same thing both before the Special State Prosecutor's Office (SDT) and earlier at the main trial.

Responding to questions from the court and defense attorneys, the witness said:

"I have absolutely never spoken to Judge Vlahović Milosavljević and Medenica on the phone. I have had the same phone number for 25 years. I was an MP, and that was a long time ago, but I did not receive a salary. I have been working as a lawyer since 1994. I have not personally socialized with Medenica and we would have coffee by chance. I have known her for about twenty years. I have never been to a restaurant with her for lunch."

"The interim measure was aimed at the mortgage as a real right of the 'Ten' corporation, that is, which was established in favor of 'Ten'. The claim in mutual business cooperation by Rade Arsić against the 'Ten' corporation was incomparably larger than the other way around. Rade Arsić initiated court proceedings to collect the claim, and I represented him. I do not know whether Arsić managed to collect his claims, because I 'froze' my work as a lawyer, because I became the president of the Municipality of Kotor, and my colleague, lawyer Jakša Božović, continued. My colleague told me that the 'Ten' corporation had transferred all its assets to other persons, from Tivat to Prijedor. At the time the proceedings were initiated, the letters were returned as an unknown recipient," Aprcović pointed out.

Responding to a question from Judge Vlahović Milosavljević, the witness replied: "The 'Ten' corporation has never initiated proceedings for the collection of out-of-court settlement of mortgaged real estate for the purpose of collecting claims and settlement."

Before the evidentiary proceedings, Judge Branislav Leković read out the conclusions of the three findings at the beginning of the main trial, after which the experts answered questions from attorney Zdenko Tomanović, defense attorney for the defendant Medenica.

The defense asked expert witness, orthopedic surgeon Dr. Jušković, whether he had reviewed the treatment list of the Kolašin Health Center and the Emergency Room report, and what types of analgesics Medenica was receiving to reduce the intensity of her pain. After the expert witness said he had not, attorney Tomanović reminded her that she was receiving extremely strong analgesics.

"I believe that it is not relevant to the finding that I had access to the therapy list. The medical documentation does not state that she has unbearable pain. After the operation, she had physical therapy. The current condition is such that she now has much less pain than before the shoulder surgery. After the operation, the pain is less intense and does not prevent her from coming to court. She was recommended therapy at the Igalo Institute and it is necessary for her to continue it for three weeks. Ideally, she would go to Igalo within six months of the day of the operation," said Dr. Jušković.

Defendant Vesna Medenica had no objections to his findings and added: "He is a great expert. I had the opportunity to see for myself."

Dr. Golubović said at the trial today that he prepared the findings at the court's request. "After an immediate psychiatric examination, I did not observe any qualitative or quantitative applications of consciousness. Cognitive functions in the sphere of thinking and attention were not impaired."

Responding to Medenica's question about how many hours she can sit and watch the court proceedings, Dr. Đurović said that only she could know.

Attorney Tomanović objected to the expert's findings because they did not answer all the questions. He believes that it was important for the defense to obtain a treatment list, due to arm and shoulder pain. The defense attorney for Judge Vlahović Milosavljević, attorney Nikola Martinović, also objected to the expert's findings.

Judge Milica Vlahović Milosavljević is accused of having unlawfully issued a decision adopting a proposal for the determination of a temporary security measure to secure the monetary claim of the proposer Rade Arsić. The indictment states that the defendant Vlahović Milosavljević committed the criminal offense of abuse of official position under Article 416, paragraph 1 of the Criminal Code of Montenegro, and the defendant Medenica Vesna committed the criminal offense of abuse of official position through incitement under Article 416, paragraph 1 in conjunction with Article 24, paragraph 1 of the Criminal Code of Montenegro.

The indictment states that Vesna Medenica, as President of the Supreme Court of Montenegro, by abusing her official position through incitement, allegedly influenced Commercial Court judge Milica Vlahović Milosavljević to make a decision in the case in favor of her godfather Rade Arsić, to the detriment of the Moscow-based corporation "Ten".