Former director of the Agency for the Prevention of Corruption (ASK) Jelena Perović She was sentenced by the first instance verdict of the Higher Court in Podgorica to two years and two months in prison, among other things because the Agency's money was used to pay for her daughter's mobile phone bill, as well as for official trips. Nikola Lekic, who was not employed by ASK but hired under a contract for services.
Her former assistant Nina Paović She was sentenced to six months of house arrest because the court found that she participated in obtaining illegal material gain for Lekić.
According to the reasoning of the verdict, which was pronounced yesterday in the Special Department of the High Court by Judge Simo Rašović, Perović used state money to pay for the mobile phone bill used by her daughter, an expense that, according to the court, should not have been paid with ASK funds.
The court also found Perović and Paović guilty in the part relating to Lekić's official trips. Judge Rašović stated that Lekić traveled with Perović 15 times, even though he was not entitled to do so because he was not employed by the Agency.
As explained, he was paid expenses to which employees are entitled, not persons hired under a service contract.
The verdict also states that in a letter to the Ministry of Foreign Affairs, Perović introduced Lekić as an employee of ASK, in order to obtain a travel visa, although this information was not accurate.
Perović and Paović, who defended themselves from freedom, did not come to the verdict.
The court rejected the prosecution's proposal to order Perović into custody, so her supervision measure was extended - the obligation to periodically report to the Police Directorate.
Perović is obliged to pay the state 19.825,19 euros in property-related claims, while Paović is required to pay 7.417,69 euros. They must pay this money within 15 days of the verdict becoming final, under threat of forced execution.
At the same time, Perović was acquitted of some of the charges related to variable pay, overtime work, use of a company vehicle and a business trip to Ljubljana. Paović was acquitted of the charges related to working during holidays.
Defense Attorney Perović, attorney Nikola Martinovic, announced an appeal to the Court of Appeals. After the verdict was pronounced, he said that the defense was satisfied with the acquittal part of the decision, because, as he claims, Perović was acquitted of everything that was claimed to have damaged the state.
"So, all the issues of variables, payments, use of official vehicles, advisors... she is exempted from all that. In my opinion, the defense should be satisfied with that, and I am," said Martinović.
He said he was surprised that the court accepted that a contract for a service constituted a criminal offense.
"If such a practice remains, and I am convinced it will not, I think that all current ministers and directors of state-owned enterprises will be in prison in the next two years," said Martinović.
He added that Perović was found guilty because she entered into a contract for services with a person at the Agency and because that person received the agreed compensation under that contract, even though, as he said, the State Audit Institution (DRI) assessed that contract as correct.
"We will appeal that part and I think we have a good chance of winning it at the Court of Appeal," said Martinović.
The Higher Court announced that Perović was convicted of the continued criminal offenses of abuse of official position and forgery of an official document.
The court sentenced her to one year in prison for one extended criminal offense of abuse of official position, three months for the extended criminal offense of forgery of an official document, and another year in prison for the second extended criminal offense of abuse of official position, after which she was sentenced to a single sentence of two years and two months.
The sentence, as announced by the High Court, will include the time spent in detention and the duration of the supervision measure prohibiting her from leaving the apartment.
Paović was found guilty of the extended criminal offense of abuse of official position and sentenced to six months in prison, which she will serve in the premises where she lives.
"Planned and systematic abuse of official position"
Prosecutor Maja Janković claimed in her closing arguments that Perović and Paović "planned and systematically" abused their official positions and damaged the reputation of ASK.
A particular focus during the closing arguments was on Lekić's employment, who had service contracts with the Agency. The prosecution claimed that, although he was not permanently employed, he traveled to the US at state expense and stayed in high-end hotels in Washington, New York and Atlanta. They also stated that he was simultaneously registered in hotels in Washington and New York.
The prosecution also pointed out that ASK phones were used by people who did not work at the Agency, including Perović's daughter, Paović's mother, and Lekić's daughter, and that the bills were paid with the Agency's money.
Janković also claimed that Perović made decisions about overtime work at the beginning of the month, when, according to the prosecution, she could not have known how much overtime she and her assistants would work.
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