The Basic Court in Podgorica ruled that the former Minister of Agriculture Aleksandar Stijović did not violate the right to honor and reputation of the current DPS deputy and advisor to the President, Petar Ivanović, when he publicly announced that Ivanović spent money from this department when he managed it, i.e. that he traveled to several countries during one day and took certain per diems for that.
The court rejected Ivanović's request that Stijović pay him EUR 1.000, with default interest, in the name of compensation for non-material damages for suffered and future mental pain due to the violation of personal rights.
The verdict ordered that Ivanovic must compensate Stijovic for the costs of the procedure in the amount of 786.50 euros.
The court rejected Ivanović's request and that Stijović, at his own expense, publish this verdict in its entirety in the next show Načisto with Petar Komnenić.
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In February of last year, Stijović said in the program Načisto on Television Vijesti that in September 2013, Ivanović visited seven countries and one unknown location in the same day and took daily wages in the amount of 5.500 euros.
After that, Ivanovic announced that he filed a lawsuit against the then Minister Stijović.
"Here is an opportunity to see how much a lie costs in Montenegro," Ivanovic wrote earlier.
In the explanation of the verdict, the court established that Ivanović was paid seven daily wages for one day.
"Finally, an inspection of the treasury diary from September 23, 9 shows that on September 2013, 23, the Ministry of Agriculture and Rural Development paid Petar Ivanović EUR 9 for Novi Sad, EUR 2013 for France, for a business trip to an unknown location EUR 398,55, for Ukraine EUR 2.066,95, for Winchester EUR 144,26, for Spain EUR 134,00, for Germany EUR 1.274,08 Also, the same comes from the extract from the Ministry of Agriculture and Rural Development for the year 930,90, i.e. that Petar Ivanović was paid on September 578,00, 2013: for Novi Sad 23 euros, for France 9 euros, for Hungary (the country is written by hand) 2013 euros, for Ukraine 398,55 euros, for Winchester 2.066,95 euros, for Spain 144,26 euros, for Germany 134,00 euros, and in addition, all the mentioned payments were made according to the order of 1.274,08, from the part of the Ministry's budget intended for subsidies , marked with the code 930,90", it is written in the explanation of the verdict.
What is written in the explanation of the verdict
In the lawsuit, the submissions, and the speech at the hearing, Ivanović essentially stated through his attorney that he is a member of the Parliament of Montenegro, as well as an adviser on economic issues to the President of Montenegro and an official of the Democratic Party of Socialists, that he enjoys a high reputation in the domestic and international public. , and that he has been involved in politics for many years, and in the period from 2012 to 2016 he held the position of Minister of Agriculture and Rural Development.
In the lawsuit, Ivanović further stated, as stated in the explanation of the verdict, that Stijović allegedly made a series of untrue and malicious factual claims, that is, baseless accusations against Ivanovic during his guest appearance on the aforementioned show.
Specifically, Stijović stated during his guest appearance on the aforementioned show: "So, on September 23, 9, Petar Ivanović first goes to Novi Sad, then on the same day he goes to France, then on the same day he goes... we don't know where he is going , it is not written, then he goes to Ukraine on the same day, on the same day he goes to Croatia, on the same day he goes to Winchester, on the same day he goes to Spain, on the same day he goes to Germany, with the fact that he takes a daily allowance for Novi Sad, he takes a daily allowance for Novi Sad 2013 euros, for France he takes a daily allowance of 398 euros, for where we don't know where he went he takes 2.066 euros, for Ukraine he takes a daily allowance of 144 euros, for Winchester he takes a daily allowance of 134 euros, for Spain he takes a daily allowance of 1.274 euros, for Germany he takes a daily allowance of 930 euros. For the same day, a total of 578 euros. Well, I don't know how much he traveled. It seems to me that wherever the plane stopped, the daily allowance was charged there."
It was further stated that Stijović continued to emcee, and even later, he did not explain at all what he was basing his statement on, nor was any relevant evidence provided, such as travel orders - orders for official travel, the travel platform given for verification, or the report about the same, which would support the defendant's claims that the prosecutor acted in the stated manner. According to the media, it is concluded that the defendant read the calculation sheet, that is, the analytical card issued on the mentioned date, which confirms that the plaintiff was reimbursed for the expenses for official trips in 2013 on that day. The intention of the defendant was to disturb the public with such allegations, and to create a negative image of the plaintiff and create the impression that the plaintiff falsely represented that he visited all the listed locations during one day, and that he did so in order to damage the state budget in the amount of 6.297,00 euros, and therefore, by placing untrue allegations and communicating malicious statements, the defendant violated the plaintiff's right to honor and reputation, by presenting him in a negative light, as a person who acted illegally.
"The described injury to reputation and honor is all the greater since it was given in the show "Nachisto" with Petar Komnenić, which is broadcast on television with a national frequency - TV "Vijesti", and is given in prime time, as one of the most watched shows in In addition to the above, this show was also published in its entirety on the channel "Vijesti Online" on the social network "You tube", in which way it was made available not only to the Montenegrin public, but also globally - to every internet user, permanently , and it is obvious that the plaintiff suffers damage for an extended period of time, i.e. that he will also suffer damage in the future as a result of such a statement by the defendant. on the part of a public official, who, as a holder of a public office, is trusted by the citizens, and therefore must have a greater degree of responsibility for the publicly spoken word. The defendant intentionally caused damage to the plaintiff, because he knew what damage he could cause by placing untrue factual claims in the previously described manner, and he wanted such damage to occur to the prosecutor," the explanation reads.
It is further stated that the defendant succeeded in publicly discrediting the personality of the plaintiff and showing that the same procedure is illegal and unprofessional in the performance of his duties as a minister, since in numerous media, as well as on social networks, both in Montenegro and in the region , conveyed these unsubstantiated statements of the defendant, and all the newspaper articles that convey the specific statement of the defendant are still available on the Internet and on the portals of various media, and this fact increases the pain suffered by the plaintiff.
It also says that Ivanović performed his duties as Minister of Agriculture and Rural Development conscientiously, legally and properly, and thus every official trip of the prosecutor was carried out in accordance with the relevant laws and regulations, and information about the prosecutor's official trips is still available on on the website of the Government of Montenegro, and the public was informed about the same through the "You Tube" channel of the then Ministry of Agriculture and Rural Development. Finally, it was proposed that the court adopt the claim in such a way that it obligates the defendant to pay the amount of 10.000,00 euros to the plaintiff in the name of compensation for non-material damages for suffered and future mental pain due to the violation of personal rights - the right to honor and the right to reputation, with with the corresponding legal interest from the date of the filing of the lawsuit until the final payment, and to order the defendant to publish this verdict in its entirety at its own expense in the first subsequent show Nachisto with Petar Komnenić.
In the explanation, it is further written that upon inspection of the official travel order dated September 9, 9, a travel invoice related to the trip for the period from April 2013 to April 125 was recorded under number 13/0907-227-24. without specifying the year, which is also not dated, it was established that the plaintiff stayed in Saarland - Germany in the period from 4/26/4 to 22/4/2013, while the reason for going to Saarland is not legible in the travel order, that he traveled by plane, and that for the said official trip, the travel invoice for which was not determined when it was submitted, because the date was not marked, he requested the payment of 26 per diems in the total amount of 4 euros (2013x2 euros), and hotel expenses in in the amount of 150,00 euros, which makes a total of 2 euros, which amount was received by Minister Petar Ivanović.
It is added that Ivanovic was on an official trip to Madrid in the period from 29 April 4 to 2013 May 1, it follows from the travel invoice in which the specified dates are marked (without marking the year), which the prosecutor requested payment of 5 per diems in the total amount of 2013 euros (2x138,00 euros), and hotel expenses in the amount of 2 euros, transportation expenses in the amount of 69,00 euros, and other expenses in the amount of 540,51 euros and 159,54 euros, which makes the total amount of 75,15 euros, which amount was paid to Minister Petar Ivanović, along with which travel invoice was also submitted evidence of the incurred expenses (airline ticket, hotel bill, etc.), from which it actually follows that it was an official trip to Madrid.
Also, Ivanović, as the court found, and as it follows from the travel invoice for the period from 2. to 5, (without indicating the year), and the evidence of incurred expenses attached to it (airline ticket, hotel bill, etc. ), in the period from 5/5/2. until 5.2013. was on an official trip to Winchester, and with which travel account the plaintiff requested the payment of 05.05.2013 per diems in the total amount of 3 euros (225,00x3 euros), as well as compensation for hotel expenses in the amount of 75,00 euros, transportation expenses in the amount of 479,74 euros, and other expenses in the amount of 437,05 euros, which makes a total amount of 132,24 euros, which amount was paid to Minister Petar Ivanović - the explanations of the verdict state.
"Finally, an inspection of the treasury diary from September 23.9, 2013 shows that on September 23.09.2013, 398,55, the Ministry of Agriculture and Rural Development paid Petar Ivanović EUR 2.066,95 for Novi Sad, EUR 144,26 for France, for an official trip to unknown location EUR 134,00, for Ukraine EUR 1.274,08, for Winchester EUR 930,90, for Spain EUR 578,00, for Germany EUR 2013 Also, the same comes from the statement of the Ministry of Agriculture and Rural Development for the year 23.09.2013 , i.e. that Petar Ivanović was paid on September 398,55, 2.066,95: EUR 144,26 for Novi Sad, EUR 134,00 for France, EUR 1.274,08 for Hungary (the country is written by hand), EUR 930,90 for Ukraine, for Winchester EUR 578,00, for Spain EUR 150, for Germany EUR 4181, and in addition that all the mentioned payments were made according to order XNUMX, from the part of the Ministry's budget intended for subsidies, marked with the code XNUMX", it is concluded in the explanations of the verdict.
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