If yesterday's first-instance verdict becomes final, stating that the president and members of the Radio and Television Council of Montenegro (RTCG) Veselin Drljevic, Filip Lazovic, Amina Murić i Naod Zoric abused their position, this may be grounds for their dismissal.
Several lawyers explained to "Vijesti" that if yesterday's verdict becomes final, Drljević, Lazović, Murić and Zorić will not be able to hold any other public office for a long time. They state that most regulations, as well as acts of state institutions, establishments and companies, have the same or similar provisions to the Law on the National Public Broadcaster - a person who has been finally convicted of a criminal offense against official duty, corruption, fraud ... cannot be elected to public office.
According to this regulation, a person cannot be elected as a member of the RTCG Council if he/she has been "finally convicted of a criminal offense against official duty, a criminal offense of corruption, fraud, theft or another criminal offense that makes him/her unworthy of performing public office, regardless of the imposed sanction, or has been finally convicted of another criminal offense to a prison sentence of more than six months, for the period during which the consequences of the conviction persist."
Judge of the Podgorica Basic Court Dragan Lubarda announced yesterday that Drljević, Lazović, Murić and Zorić are guilty of abuse of office because, even after a final verdict that he had been previously appointed illegally, they re-elected him. Boris Raonic for the director of RTCG in 2023.
She sentenced them to a suspended sentence of seven months in the first instance, on the condition that they do not commit a new crime within two years. Otherwise, the suspended sentence will be replaced with a prison sentence. Lawyer for some of the convicted Vladan Bojić announced an appeal against that decision.
The Podgorica Basic State Prosecutor's Office charged the president and four members of the RTCG Council with abusing their official position and illegally appointing Raonić, despite a final verdict that he did not meet the requirements to head the Public Service Broadcaster.
"According to the court's ruling, the defendants were informed of the final judgment of the Basic Court in Podgorica P. No. 3110/21 of 4. 1. 2023, which annulled the decision of the Council of Radio and Television of Montenegro of 6. 8. 2021 on the appointment of Boris Raonić as the General Director of Radio and Television of Montenegro and which stated that he could not meet the requirements under that competition, because at the time of the election he met the legal requirements for election to that position, bearing in mind that at the time of submitting the application for the competition for the election of the General Director of Radio and Television of Montenegro, as a member of the Council of the Agency for Electronic Media, he was in a conflict of interest, after which they elected candidate Boris Raonić for the position of General Director of RTCG by re-voting according to the original advertisement published on 17. 6. 2021," Judge Lubarda specified yesterday.
She said that the court finds that the defendants were aware that Raonić could not be elected to that position, because they were informed of this during the Council session, as determined from the audio recording of the session, and that they were obliged to act in accordance with the final judgment of the Basic Court, which reasons guided the court in making such a decision.
"Since the prosecution representative at the main trial, before giving his closing arguments, withdrew the charges against the defendant Too dear Miranović", because it was not proven that he committed the criminal offense in question, the court, pursuant to Art. 372, paragraph 1, item 1 of the Criminal Procedure Code, rendered a verdict dismissing the charges against the aforementioned defendant," said Lubarda.
According to the Law on the National Public Broadcaster, the issue of dismissal of a member of the RTCG Council is subject to the provisions of the regulations on audiovisual media services. Thus, a member of the RTCG Council may be dismissed even if he or she has been convicted by a final and binding verdict of a criminal offense against official duty, theft or other criminal offense that makes him or her unworthy of performing public office.
The courts have repeatedly found that Raonić's appointment as the Director General of RTCG was illegal. The first final decision was made in May 2023, and related to his election in August 2021. Despite this, the Council reappointed him in June 2023, but that decision also experienced a similar court epilogue - in October 2024. The Higher Court confirmed that Raonić was again appointed illegally. This did not stop the practice of the RTCG Council, so in September 2024, Raonić was re-elected, but that decision was also "overturned" by the Podgorica Basic Court in July of this year. The procedure for RTCG's appeal before the Higher Court is ongoing.
CGO: To resign
The Center for Civic Education called on the members of the RTCG Council who were found guilty yesterday to immediately resign from their positions.
"It is unacceptable that persons who have abused their position continue to decide on key issues for the future of the Public Service Broadcaster, including the adoption of the budget and financial plan of RTCG, which, by law, must be adopted by the end of the year, on the basis of which these compromised persons would once again manage around 20 million euros of the money of all citizens of Montenegro. In addition, the question of the ethical dimension of these members remaining in public office at all is also raised. How can we expect persons who have been found guilty by the court to make decisions based on the principles of ethics, meritocracy and professional standards in the future? Their actions so far show exactly the opposite, with their persistence in continuously violating the law and degrading institutions for the sake of particular interests," the CCE assessed.
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