The trial of defendant Duško Knežević, accused in the "Caspian 1" and "Caspian 2" cases, continued today at the Higher Court in Podgorica. The trial is being presided over by Amir Đokaj, as a single judge.
Special prosecutor Miroslav Turković, attorney Dražen Medojević, and Knežević all presented new evidence. The trial is scheduled to continue on January 15th.
"Judge, before today's trial ends, I have to say that you did not grant me permission to visit Željko Ivanović and Milan Knežević," defendant Duško Knežević addressed the judge at the end of the hearing.
"These are extraordinary visits. I don't decide on that, but the President of the High Court," the judge said.
"Can I share a press release with the journalists?" Knežević continued.
"What announcement? You can't make it here, this is court. We're done for today. Goodbye," replied Judge Đokaj.
Special Prosecutor Miroslav Turković proposed that, in the continuation of the evidentiary proceedings, the files of case P.br 37..., which was formed at the proposal of the prosecutor of "Atlas Banka" Ad Podgorica, in bankruptcy, due to debt, be obtained from the Basic Court in Podgorica, and that those files be inspected.
"I believe that by presenting this evidence, facts related to these criminal proceedings could be established," the prosecutor said.
Attorney Dražen Medojević left it up to the court to decide whether to accept this evidentiary proposal, while Knežević objected and clarified.
"I oppose the presentation of this evidence because it is a process that has not yet begun. It is a purely obligational form. Intertwining obligational relations with these criminal proceedings is not appropriate. That is within the jurisdiction of the court in London," Knežević emphasized.
The court issued a decision accepting the proposal of special prosecutor Turković.
Attorney Dražen Medojević proposed to inspect the files of case I. No. 10...., of public bailiff Vidak Latković.
"Where was the execution carried out against the funds of 'Atlas Bank' to a special account of the public bailiff at 'Prva Banka'. This legal matter was completed in a hurry without waiting for the verdict to become final, it speaks of systemic robbery against Duško Knežević and disrespect for elementary procedure. Presenting this evidence would establish facts that would confirm the defense of the accused Knežević," said Medojević.
The court issued a decision accepting this defense proposal.
"I propose that the Azerbaijani minister Ismail Hajdarov and his son Tale testify, who will tell how the contracts were negotiated, and that the jurisdiction of the court in London is. That he be summoned and testify via video link, in order to verify the allegations of the defense of the accused Knežević," said the defense attorney.
Special Prosecutor Turković opposed the questioning of witnesses because it would not establish anything new and would make the completion of this process uncertain for the foreseeable future.
Defendant Knežević proposed that Zoran Ašanin, who, as a judge at the Commercial Court of Montenegro, rendered two verdicts, testify.
The first verdict rejected the claim, and the second one accepted the defendant's claim of 12.500.000 euros.
"This second verdict served to transfer all the money to 'Prva Banka' without finality, and then after 15 minutes it was sent to Dubai. It obligated 'Atlas Banka', which was contrary to the contract, where the jurisdiction of the court in London was agreed upon, not in Podgorica. It is important why the decision changed compared to the first verdict and why the judge allowed the money to be transferred without finality. In 15 minutes, the money was transferred from 'Prva Banka' to Dubai. This is important to determine how the transactions took place," said Knežević.
Special Prosecutor Turković opposed this proposal.
"The acting judge Ašanin gave the reasons for his verdict, which were presented as evidence at the main hearing in the evidentiary procedure. Those verdicts of the Commercial Court were subject to review upon appeal, and later in the revision procedure before the Supreme Court of Montenegro. I oppose the proposal because it would lead to a delay in the proceedings," the special prosecutor stated.
The judge said that he would decide on the proposals of Knežević and his brainchild, lawyer Medojević, at a later hearing.
In the cases "Caspian 1" and "Caspian 2", the defendants are Duško Knežević and Đorđe M. Đurđić, who had previously concluded a plea agreement.
The indictment of the Special State Prosecutor's Office charges Knežević with committing the criminal offenses of abuse of position in business through incitement and money laundering, all in connection with the sale of the "Princes" hotel in Bar.
Knežević is charged with the indictment of the special prosecution for the criminal offense of abuse of position in business operations by incitement and Đurđić for the criminal offense of abuse of position in business operations.
The indictment alleges that on May 20, 2015, Knežević intentionally persuaded Đurđić, the CEO of "Atlas Banka" AD Podgorica, to sign a guarantee and certify it with an official seal for "Kaspia Properties Holdings Limited" from Dubai, for 12,5 million euros. He stated that Knežević was the principal, and that "Kaspia Properties" was the beneficiary, and that it guaranteed that "Atlas Banka" would pay this company a maximum of this amount of 12,5 million euros, for the purchase of the "Princes" hotel.
The Court of Appeal ruled that Atlas Bank, as the guarantor for the money taken by Knežević, is obliged to pay the full amount plus default interest. The court found that Duško Knežević received the amount of 12,5 million euros under the purchase agreement of 14 January 2014, of which eight million euros pursuant to the signed receipt of the money received and the customs declaration of 14 January 2014, as well as by transferring from the account the amount of two million euros on 5 March 2014 for the purpose of paying for the shares of the Princes hotel and the amount of around two and a half million on 11 March for the purpose of paying the second installment for the purchase of the shares of the Princes hotel, the verdict stated.
Bonus video:
