The higher court in Podgorica acquitted Aleksandar Kuperman, Dmitr Likota and Zapad banka of the charges that, with the help of Maksim Slutski, they damaged the company "Svitland Global FZE" for one and a half million euros.
That's what it says in the repeated, first-instance verdict, after the Court of Appeal annulled their earlier decision. It also acquitted the accused of having committed a criminal offense - abuse of official position, in favor of the company "Ofimmo GMBH".
Explaining the latest decision, the judge Nenad Vujanović he stated that there is no evidence that the accused committed the criminal offense they are charged with, i.e. that they planned to damage one company and benefit another.
At the main hearing, the judge pointed out that the issue of damages in the case in question should not be the subject of criminal proceedings.
The Court of Appeal annulled the earlier first-instance verdict, respecting the lawyer's appeal Lazar Aković, attorney of the injured company and the case was sent back to the High Court for retrial.
In the explanation of the annulled decision, the judge stated that there was no damage to "Svitland Global" due to the fact that Zapad Bank closed the loan, because this company was the guarantor-guarantor for the loan that the "Ofimmo" company took from the bank.
"It is indisputable that the loan agreement was concluded between Zapad banka and the company 'Ofimmo', whose guarantor was the company 'Svitland Global'. The dispute was whether the bank had the right to 'close' the loan and whether there was damage. It has not been proven that damage occurred, nor that illegal property benefit was obtained. The bank was obliged to collect the loan from the guarantor. Zapad banka was fully authorized to collect its claim and had to do so. The bank actually saved the guarantor by collecting the loan from the deposit, because the installment amounted to more than 4.000 euros. And more interest for delay because the company 'Ofimmo' was late with the repayment of the loan", said the judge Nenad Vujanović in the explanation of the verdict at the end of May 2023.
The Court of Appeal, however, stated later that the verdict was affected by significant violations of the provisions of the criminal procedure.
"The wording of the verdict contradicts the reasons for the verdict, while the reasons given for decisive facts are completely unclear and to a considerable extent contradictory", the decision states.
It is explained that the unclear reasons of the first instance court were given regarding the absence of the obligation of Zapad banka to inform the guarantor that the principal debtor is unable to fulfill his obligation.
During the initial first-instance proceedings before the High Court in Podgorica, the special state prosecutor Miloš Šoškić he stated that he is withdrawing from the accusation and further criminal prosecution against the accused. The procedure, however, continued to be conducted due to the appeal filed to the Court of Appeal by the business company "Svitland Global FZE" as the plaintiff, through the attorney Lazar Aković from Podgorica.
The indictment presented that on March 31, 2017, Kuperman and Likota, in their capacity as responsible persons in Zapad banka, obtained illegal financial benefits from the legal entity "Ofimmo GMBH", and damages from "Svitland Global FZE".
"The defendant Maksim Slutski intentionally assisted in the commission of a criminal offense, in such a way that the defendant Kuperman, executive director for foreign sales, and Dmitro Likota, executive director for business support, with the help of Slutski, closed the early repayment loan according to a previous agreement." Ofimmo' GMBH approved on the basis of the loan agreement... dated November 10, 11, concluded with Zapad banka in the amount of 2015 euros, annex to the loan agreement 1.500.000/684/1. from the deposit of the damaged legal entity Svitland Global FZE deposited under the term money agreement of Svetlana Jemeljanova, which would have approved the early closing of the loan to the legal entity Ofimmo GMBH from the deposit of Svitland Global FZE A copy of the statement with the alleged signature of Svetlana Jemeljanova was delivered on March 2015, 31 to the defendant Kuperman from the defendant Slutski via email from the address of the company Aviaweb, to the property of Slutski's wife," the prosecutor's document says.
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