Sekulić, Čindrak and Burić testify about Bistrica

Former Minister of Economy Dragica Sekulić, former president of the local community of Bistrica Sakib Chindrak and the majority owner of the consortium "Bistrica Clean Energy" Žarko Burić will receive a summons from the Commercial Court to testify at the hearing in connection with the stalled project of a small hydroelectric power plant (MHP) on the Bistrica river in Bjełopolska, following a lawsuit filed by the consortium against the state.

That is the epilogue of the hearing held yesterday in the Commercial Court.

The "Bistrica Clean Energy" consortium, the majority owner of which is businessman Burić with a 98 percent stake, through his company "BP Hydropower", received the concession for the construction of the HPP in January 2017. Government Duško Marković at the end of 2019, it adopted information about the need to terminate the contract and initiate an agreement on mutual termination, which did not occur even though the concessionaire also requested it. The new government Zdravka Krivokapića unilaterally terminated the contract in December 2020 with the explanation that the concessionaire did not submit a new bank guarantee within the legally stipulated period.

The concessionaire then files a lawsuit seeking compensation for previous investments, as well as for lost profits that he could have earned during the concession period from the sale of electricity and subsidies. During the procedure, the court expert Dragan Djukic proposed to the court that 602 thousand euros be paid to the plaintiff as compensation for actual damage, 157 thousand euros as interest on that amount and 27,5 million euros for compensation for lost profits with default interest.

In its verdict, the court accepts the state's fault for the termination of the contract and undertakes to pay the amount of damages and interest of 760 thousand euros and costs of the procedure of 20 thousand, but completely rejects the part of the claim that refers to the payment of lost profits of 27,5 million euros. The consortium and the state filed an appeal against that decision, so the case ended up in the Court of Appeal, which annulled this verdict and sent the dispute back to Privredna for a new decision.

"Bistrice" lawyers Philip Jovovich i Stefan Žižić yesterday at the hearing they emphasized that if their proposal for the hearing of the witness is accepted, they will also request the hearing of another witness who is participating in the negotiations in front of the Ministry of Economy, while his name would be known from the testimony of Sekulić, whose last name they believe is Filipović.

Deputy Protector of property and legal interests Radomirka Raičević emphasized that she is against this proposal for hearings, and that it is in contradiction with Article 23 and in connection with Article 11 of the Concession Agreement for the construction of the MHP in Bistrica.

"That Sekulić Dragica, Žarko Burić and Sakib Čindrak be heard as witnesses in the continuation of the evidentiary proceedings on the circumstances proposed in the prosecutor's submission of August 6, 2024. After the hearing of certain witnesses, the court will appreciate the reasons for the termination of the Appellate Court and in the continuation of the evidentiary procedure, if necessary, present other evidence", it is written in the decision of the Commercial Court.

Judge Filip Vujosevic therefore postponed the hearing, and scheduled the next one for November 28.