I am not guilty of what I am accused of, and this proceeding is aimed at my discrediting, and is organized by certain media outlets and non-governmental organizations that have already declared me guilty.
This was stated by the former Minister of Agriculture and Rural Development yesterday during the review of the indictment in the Podgorica Higher Court. Petar Ivanovic, who is charged with abuse of official position for an extended period of time.
In addition to him, the Special State Prosecutor's Office (SDT) is also charging the former secretary in that department with the same crime. Nemanja Katnić and former head of the Accounting and Finance Department Vukica Perović.
The three are accused of paying financial support to the non-governmental organization (NGO) "National Association of Winegrowers and Winemakers of Montenegro" in amounts ranging from 450 euros to 70.000 euros, contrary to the Regulation on the Conditions, Manner and Dynamics of Implementing Agricultural Policy Measures, with only one decision in April 2016 paying 70.000 euros, which is 12 times more than the maximum stipulated according to the prosecution's documents.
Ivanovic disputed these allegations, emphasizing that he was the one who proposed the regulation, which, as he said, the Government adopted.
"That would mean I deceived myself," said Ivanovic.
He said that it was questionable how logical and legally sound the indictment was, adding that his obligation as minister was to implement agricultural policy.
"Everything I did was in accordance with the law," said Ivanovic.
He added that each annual report of the then ministry was adopted by the Government, and then the Parliament, which he assessed as impossible if there were any illegalities in the payments to that NGO. Ivanovic reminded that the State Audit Institution (DRI) also controlled the allocation of these funds, which were free, non-refundable funds, and that they had no criticism or comments.
"None of the criminal acts I am charged with are founded, neither individually nor cumulatively," Ivanovic said.
Special State Prosecutor Jovan Vukotic He said that all evidence in the investigation in question was collected legally and proposed to the court to confirm the indictment.
Defense attorneys agreed that the indictment was imprecise, that the regulations were interpreted selectively, and proposed that the court dismiss it as unfounded. They also questioned the fact that witnesses were shown selective documents during the hearings that the defense was not familiar with, arguing that such an indictment could only be dismissed.
Ivanovic's legal representative, lawyer Dragoljub Đukanović He said that abuse of official position can be both an act and an omission, and that he sees neither.
"The agro-budget is brought and adopted by the Government. It is the law and cannot be changed. Each ministry is obliged to submit a report at the end of the year on the funds spent from the budget, including the agro-budget, which Ivanovic did, and the Government adopted that report. The funds were spent exactly as foreseen in the budget. If there had been anything irregular, Petar Ivanovic would not be sitting here today. It is impossible that no one saw that these funds were spent in violation of the law and that it was adopted, and at the same time the Ministry also proposes funds for the following year, and someone from the Government looks at it, adopts the budget and votes on it, and so on for all the years that he is charged with in this indictment," said Đukanović.
He reminded that this NGO was an association that included a large number of farms, and that it was not a single farm, and that this was the reason for the larger allocation of funds.
The lawyer for the accused Perović, who managed the finance sector, Milorad Ivanovic, who did not appear at the indictment review yesterday, said that approving the payment did not mean obtaining unlawful material gain.
He suggested that a financial expert assessment be conducted, but also that a systematization act be obtained in order to determine what powers she had.
"There is no intent, no joint decision to commit a criminal offense, and no special intention to obtain unlawful gain. Therefore, I propose the suspension of the proceedings, but also the completion of the investigation with a financial expert examination," said Ivanovic.
Judge Nenad Vujanović said that the court tried to serve a summons on Perović on two occasions, but was unsuccessful because the defendant was not at the address.
He announced that the decision would be made within the legal deadline and sent to the parties.
The SDT is charging Ivanovic with abuse of office in another case being heard before the Podgorica High Court, due to suspicions that he and the former Minister of Agriculture Budimir Mugoša committed the continuing criminal offense of abuse of official position, when allocating funds from a loan from the Abu Dhabi Development Fund, in the period from 2015 to 2017.
The former director of the Investment and Development Fund was also indicted in that case. Zoran Vukcevic who is charged with negligent performance of duties, as well as Blagota Radulović, former director of the Payments Directorate at the Ministry of Agriculture. Indictments have also been filed against Milan Adžić, for the criminal offense of abuse of judgment.
Katnić: I would do the same thing again, without a second thought.
Katnić said that he had reviewed all the case files and that he would sign everything the Ministry did in the same way now, without any remorse.
He also said that he believes that he, as well as the other employees, acted legally because the decision in "this criminal legal matter was made by the Government of Montenegro."
"They accuse me of providing a benefit to a third party, who is a witness in the proceedings, and I ask what norm I violated as a secretary," he asked in the courtroom.
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