The judge of the Basic Court in Ulcinj, Sanja Mirović, delivered a first-instance verdict dismissing the charges against the defendants, directors and clerks of the Ulcinj cadastre Dževdet Čaprić (67) and Smilja Šunjevarić (63), notary Anđelko Milošević (72) from Podgorica, and authorized representative of the company "Rokšped" Asim Taljanović because the state prosecutor gave up the indictment, and the protector of property legal interests did not take over the prosecution, it was confirmed to the News in the Basic Court in Ulcinj.
Čaprić and Šunjevarič were accused in the indictment of having committed a criminal offense - negligent work in the service, Milošević for abuse of official position, and Taljanović for the criminal offense of - inducing to certify untrue content.
"The Basic Court in Ulcinj on March 27.03.2024, 372, issued a verdict based on Article 1, Item 417 of the Criminal Procedure Law, dismissing the charge against the defendants Čaprić Dževdet from Ulcinj, Šunjarević Smilje from Ulcinj for the prolonged criminal offense of negligent work in the service referred to in Article 2 paragraph 1 in relation to paragraph 49 in relation to article 416 of the Criminal Code of Montenegro, Milošević Anđelka from Podgorica due to the extended criminal offense of abuse of official position from article 1 paragraph 49 in relation to article 415 of the Criminal Code of Montenegro and Asima Taljanović from Podgorica due to a prolonged criminal offense, leading to certification of untrue content from Article 1 paragraph 49 in relation to Article XNUMX of the Criminal Code of Montenegro, because the State Prosecutor abandoned the indictment proposal and further criminal prosecution because during the main trial it was not proven that the defendants had committed criminal acts for which are being charged and the protector of property legal interests did not initiate prosecution", reads the press release of the Public Relations Service of the Basic Court in Ulcinj.
The indictment against Čaprić, Šunjevarić, Milošević and Taljanović was filed by the Ulcinj prosecutor's office four years ago due to the suspicion, as Vijesti previously reported, "that by neglecting their supervisory duties, violating the law and misleading the competent institutions, they damaged the state for about 12 million euros ".
All three crimes are punishable by up to five years in prison.
Čaprić and Šunjevarićeva suspected that at the beginning and end of 2015, contrary to the laws, they passed two decisions without the consent of the Government and allowed the registration of mortgages in the real estate cadastre on the non-existent Galeb buildings, and on the land owned by the state, despite the fact that they knew that the hotel was demolished in 2008 and thus damaged the state for 12 million euros.
The first time they burdened a non-existent hotel and state land with a fictitious mortgage with 3,5 million euros, which was the amount of the loan from the mortgage creditor NLB Bank and damaged the state for that amount, and the second time with a 29,3 million euro loan from the same mortgage creditor, and damaged the state by 8,5 million euros, which is the estimated value of the land.
In no case did the cadastre officials inform the protector of property-legal interests, nor did they give him the opportunity to participate in the administrative procedure through a possible appeal procedure, which is why the decisions became legally binding.
Milošević was charged because at the end of 2014, contrary to the law, he drew up and certified in the form of a notary document, a pledge by which Rokšped guarantees real estate to NLB Bank for a loan, even though the company is only a user and not the owner of the land.
Taljanović was suspected of having misled the competent authority on two occasions - to certify in a public document the untrue content that the Galeb hotel exists: the first time for the purposes of securing a loan from NLB Bank, and the second time for the purposes of securing a debt incurred on the basis of a payable guarantee.
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The company Rokšped bought the hotel on September 5, 2006 for 5,75 million euros and committed to invest 15,4 million euros in the hotel and that it will have five stars.
The contract stated that the first investment year would begin in January 2007, and the hotel was supposed to welcome its first guests in early 2009. Instead, the hotel was demolished at the beginning of 2008, and the owner announced the construction of a new building on the same site, according to the annex to the contract.
In the meantime, Rokšped transferred the land to his name and two years ago sold it to the company "Sunny Palace" from Kotor, which also undertook the obligation to build a new hotel.
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