Radović: There is no doubt that in the "Telekom" case there was no statute of limitations for accepting bribes

The President of the Higher Court in Podgorica, Zoran Radović, said that the council, which he chaired, determined through a thorough review of the files that there is no doubt that the statute of limitations for the criminal offense of accepting a bribe in the "Telekom" case had not expired.

At the semi-annual press conference, responding to a question from "Vijesti" about the "Telekom" case, he explained that the competent judge for the investigation is expecting a new move from the Protector of Property and Legal Interests of the State, that is, a new procedural act, which he would decide on.

The President of the High Court chronologically recalled the actions surrounding one of the largest corruption scandals in Montenegro, explaining that criminal charges were filed with the Special State Prosecutor's Office against a large number of persons, for multiple criminal offenses.

"One part of the proceedings, which related to certain persons, was separated by the prosecution, and was the subject of a separate proceeding against two persons, who were later finally acquitted of the criminal offenses they were charged with in the indictment. However, the prosecution files themselves stated that the competent prosecutor would continue the investigation and collection of evidence in relation to three other companies and other persons connected to that company. The competent prosecutor's office dismissed that criminal complaint," Radović stated.

He listed that after that, the Protector of Property and Legal Interests of Montenegro took over the prosecution and submitted a proposal to the investigating judge of the Higher Court in Podgorica to "undertake certain investigative actions against certain persons, primarily their interrogation as suspects."

"The investigating judge disagreed with the Protector, agreeing with the SDT that the statute of limitations had set in. In response to that disagreement, the three-member criminal panel of the Higher Court, of which I was the president and two members, reviewed the prosecution's files in detail - one by one, the prosecution's various requests for evidence collection, including those for international legal assistance. As far as I remember, some people were heard as witnesses in Slovenia, so the requested court delivered those statements through diplomatic channels. Definitely, by taking that procedural action, there is no doubt for us criminalists, and I believe also experts in our field, that it did not represent the statute of limitations for criminal prosecution in relation to the criminal offense of accepting a bribe," Radović was clear.

He explained that in the meantime, the statute of limitations had expired for certain criminal offenses from the "Telekom" case - bribery and abuse of official position, but not, as he emphasized, for accepting a bribe.

"Therefore, we have revoked the decision of the investigating judge and returned the case files to him for further action in accordance with this position. What did he do next, bearing in mind the proposal of the Protector of Property and Legal Interests, which to a certain extent appears unclear after such a decision, because some procedural actions that had been taken were dropped - expert opinions related to the abuse of official position, and in my opinion, he very reasonably informed the Protector that he should arrange that proposal for taking evidentiary actions," stated the President of the Higher Court in Podgorica.

Radović also revealed that the Protector, after that, requested certain case files and now needs a slightly longer deadline for that.

"We are now expecting that new procedural document to arrive, according to which the competent investigating judge would decide. Will he question those persons as suspects who have been proposed or will something else be proposed," concluded Radović.

Supreme Court President Valentina Pavličić, responding to a question about "Telekom", stated that she fully understands the public's interest in the case, which was pending before the Supreme Court, where they decided on an extraordinary legal remedy, and then, as she added, rejected it on the grounds that one cannot appeal against procedural decisions that do not end criminal proceedings.

"In that sense, the Supreme Court did not shy away from its role and responsibility to say, I think that we gave certain legal thoughts in that decision. As for the procedure itself, which is being conducted before the High Court, it would be irresponsible, unprofessional and frivolous for me to comment on how the investigating judge will decide. What we said in our decision is that a violation of the legality of the procedure cannot be established, which does not determine the legal issue to which it refers. I was not interested in what stage the procedure is at, and what is true is that I sent a letter to the President of the High Court, which does not only refer to this case, but to all cases that are under special public attention, that the judges must take care to resolve them efficiently, promptly and responsibly," said Pavličić.

Pavličić could not answer whether this was a statute of limitations and whether the Protector of Property and Legal Interests had the procedural ability to request the initiation of criminal proceedings, and then explained that "this would potentially prejudice her role in deciding in the case in the further proceedings."

Last year, the Special State Prosecutor's Office determined that the statute of limitations had expired in the "Telekom" case and dismissed the criminal complaint by the Network for the Affirmation of the Non-Governmental Sector (MANS), and then in October last year, the Government tasked the Protector of Property and Legal Interests with taking over the criminal prosecution as a subsidiary prosecutor.

By dismissing the criminal complaint, the Prosecutor's Office ceased to be the bearer of criminal prosecution in that case, and the Protector took over that role, while at the same time the State Prosecutor's Office opposed the conduct of evidentiary actions proposed by the Protector on behalf of the state.

The Ombudsman requested the hearing of six people, former President Milo Đukanović, his sister Ana Đukanović, as well as former representatives of the company, the HLT Fund, the Monte Adria company and Magyar Telekom - Oleg Obradović, Veselin Barović, Damjan Hostu and Tomaš Marvai, as well as an economic appraisal of the value of Telekom in 2005, when the state-owned telecommunications company passed into the hands of Magyar Telekom under suspicious circumstances.

The statute of limitations in the "Telekom" affair has so far been established at three institutional levels in the judicial system - the SDT, the investigating judge of the Higher Court, as well as the VDT Milorad Marković, who filed a request for protection of legality.

The case is still legally "alive", for now, according to the pre-trial panel of the Higher Court in Podgorica, which on May 12th of this year ruled that the case is not absolutely time-barred and that this applies, as stated in the decision, signed by Judge Zoran Radović, to the part that treats the criminal offense of accepting bribes.

The US Securities and Exchange Commission (SEC) announced 14 years ago that it had evidence that there was bribery in Montenegro and Macedonia during the privatization of telecommunications companies.

In early 2012, the United States Securities and Exchange Commission (US) announced that Deutsche Telekom, through its subsidiary, allegedly paid bribes to Montenegrin officials in the privatization process.

The US Commission's complaint alleged that the bribery was facilitated by two members of the Montenegrin Telekom management and a lawyer, the sister of one of the senior officials. The four fraudulent consulting contracts, through four offshore companies, were allegedly hired by Hungarian Telekom for consulting, but in fact served to pay bribes so that the Hungarian investor could obtain the desired percentage of ownership.

Magyar Telekom and its leaders settled with US authorities and paid around $95 million, and in 2014 the SEC dropped its attempt to prove corruption in Montenegro due to the "rationalization" of the proceedings, while Milo and Ana Đukanović denied involvement, and Oleg Obradović and Miodrag Ivanović were finally acquitted of charges in criminal proceedings in Montenegro.