The Court of Appeals rejected as unfounded the appeals of the Special State Prosecutor's Office and the attorney of the company Crnogorski Telekom, and upheld the verdict of the Podgorica Higher Court in that case from February 13 this year.
By the verdict of the Higher Court, the accused Miodrag Ivanović and Oleg Obradović were acquitted of the charge that they, as co-perpetrators, committed the criminal offense of abuse of position in business operations, because it was not proven that they committed the criminal offense for which they were charged.
Appeals against the first-instance verdict were filed by the Special State Prosecutor's Office and the attorney for Crnogorski Telekom.
"According to the Court of Appeal, the first instance court's conclusion that the claim in the indictment that the accused acted in a coordinated and planned manner before the Board of Directors with the aim of misleading its members with a pre-developed plan to obtain unlawful material gain from the London company Rawleight Trading to the detriment of Telekom and Monet was correct," the statement said.
In support of such a conclusion, the first instance court, in the opinion of the Appellate Court, correctly assessed the fact that the business plan submitted during the privatization of Telekom clearly established the strategy of Magyar Telekom's expansion into the countries of the region and that funds were allocated in the budget for consulting services for that purpose.
"In the opinion of the Court of Appeal, this clearly points to the conclusion that the conclusion of the disputed contract, its execution and payment were not the plan of the defendants, but rather of the management of Magyar Telekom, while the defendants Ivanovic and Obradovic were only implementing the strategic goals of the majority owner and acting on their orders," the statement added.
The Court of Appeal's ruling of September 4 will be published on its website.
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