Vesna Medenica i Milica Vlahović Milosavljević they communicated several times about the court case against the godfather of the then president of the Supreme Court, trying to find a way to turn the case in their favor.
Both denied guilt at the trial the day before yesterday, saying that everything was done in accordance with the law and that Medenica did not, as stated in the indictment, illegally influence the judge of the Commercial Court to make a decision in their favor By Rada Arsić, and to the detriment of the corporation "Ten" based in Moscow.
However, from their telephone communication, it can be seen that Medenica contacted her for the first time on November 2, 2018, after which Vlahović Milosavljević responded with a message a day later, and then informed her in detail about the case on several occasions...
"I was thinking. There is a possibility that he may modify the counterclaim with a submission, in such a way that he will add some non-monetary claim, such as a claim for annulment or nullity of Article 5 of the Investment Agreement, the termination of which is, among other things, the subject of this proceeding. With the same motion, to propose the issuance of a new temporary measure, but for the purpose of prohibiting any alienation and encumbrance of those immovable properties, and this would eventually oblige the public executor as well, if the forced collection procedure is initiated. Only by modifying the claim would the conditions for assessing the fulfillment of the cumulative conditions for securing a non-monetary claim be acquired, which conditions are more flexible (because the subject of the counterclaim is compensation for damages - a monetary claim, for which stricter conditions are prescribed), so it would make the existence of a claim likely by submitting the verdict of the Kotor court, and that a temporary measure is needed to prevent the occurrence of irreparable damage, can provide evidence in the direction of undertaking some actions by the prosecutor in order to sell those immovable properties. If the proposal is formulated like this and this evidence is provided, I would issue a decision on the determination of a temporary measure on the same day and then it would be saved from sale. I'm sorry if I was a little confused," writes the judge of the Commercial Court in Medenica.
Although she announced at the hearing in the Special State Prosecutor's Office that the then president of the Supreme Court put pressure on her and that she is uncomfortable when someone criticizes her, the suspended judge of the Commercial Court revealed this in the courtroom two days ago.
Explaining why she said one thing in the investigation and another in the trial, Vlahović Milosavljević said that she did it two months after giving birth, "in a state of severe stress and special psychophysical exhaustion."
"The defense that I presented in the investigation phase is first of all incomplete, because on that occasion I did not state at all about the decisive facts concerning the criminal offense, but only about the circumstances of the communication with the former president. That is why it was widely reported in the public that I allegedly confessed to the commission of a criminal act".
DETAILED REPORTS
Twenty days after Medenica first took an interest in her godfather's case, the judge of the Commercial Court again informs her in detail about the state of the file, but also teaches her what needs to be done so that she can act in favor of that party in the proceedings.
"Temporary measure to secure a monetary claim from a counterclaim - prohibition of alienation, encumbrance and disposal of immovable property. The first condition for the issuance of a temporary measure has been met, because the final judgment of the Basic Court in Kotor has made the existence of a claim for compensation probable. The second cumulatively prescribed condition for the issuance of a temporary measure is also met, namely the danger that without such a measure the security opponent - the plaintiff, will thwart or make it much more difficult to collect the claim, and this danger exists by the very fact that the claim should be realized abroad, because the plaintiff has not been operating in Montenegro for a long period of time, and therefore does not generate income from which claims could be collected. In that direction, let him attach some evidence along with the proposal for determining a temporary measure, as well as the judgment of the Basic Court in Kotor", writes Judge Vlahović Milosavljević on November 23, 2018, to Medenica.
They talk about it a month later, when the President of the Supreme Court emphasizes to her that the other side must be prevented "urgently".
On December 26th, the judge of the Commercial Court taught the party in the proceedings - her godfather - how to protect claims through Medenica.
She does this after she wrote to her that she has again examined the files in detail, "because they are voluminous".
"... According to this judgment of the court in Kotor, he has a claim against the plaintiff for damages due to lost profit. Since the judgment is final, it has the possibility to settle immediately in the enforcement procedure. If I understood you correctly about the objection of compensation, it can be raised in this procedure of mine as well. It is decided with the decision on the main case, no interim measure is required. A temporary measure can be determined as a means of securing the monetary claim from the counterclaim in my procedure, until its final conclusion, which refers to compensation for material damage - actual damage and lost profits, and the legal requirements for this have been met. The purpose would be to ensure the collection of claims from the counterclaim on real estate owned by the plaintiff, or movable property, shares or shares in a company (if the plaintiff owns any of it in Montenegro) after this lawsuit becomes final. If necessary, I can come by your place, because I have finished with the trials", sends the judge of the Commercial Court and receives a reply.
“Okay. The problem is that they have an open space for collecting 400.000 euros for the construction of the marina and this should be prevented, because according to the judgment of the Kotor court, they cannot be collected, because they have nothing registered on them. This must be prevented, but how urgently?", sends Medenica.
Judge Vlahović Milosavljević notes that it is, in fact, "the insurance from Article 5 of the contract on the construction of the marina for the payment of 400 as of October 30, 10."
Then he learns again what to do as a party to the proceedings, that is, the godfather of Vesna Medenica, and how to prevent the sale of real estate by "inaccuracy" in the request.
"He has the right to activate that mortgage in order to sell real estate owned by the defendants, and we return to the fact that he can only claim if he somehow prevents that sale. But the problem is that a temporary measure cannot be used to request a ban on the alienation of one's real estate, but only those that are owned by the opponent of the security, here the plaintiff. Here are some kind of temporary measures, it cannot fit into any of them. I am only thinking of formulating a temporary measure - to prohibit the alienation and encumbrance of immovable property from Art. 5 of the investment contract, so that he does not mention whose ownership they are, as a measure to secure his claim from the counterclaim. That is the only way to try to prevent the sale," writes the judge.
A few minutes later, he informs the President of the Supreme Court what decision he will make, by sending her a picture, followed by a message and what she wrote:
"Alienation and encumbrance of immovable property from Art. is prohibited. 5 of the investment contract until the final conclusion of this litigation, as a measure to secure the monetary claim from the counterclaim. Let him attach the verdict of the court in Kotor and state that the plaintiff has no property, nor does he generate income in Montenegro, and some proof of that if he has", she writes and the next day she finally reports that the decision has been completed.
"I just finished and the solution is done. I greet you!", sends Medenica.
Medenica said in the courtroom that she received information about the case from lawyer Željko Aprcović, answering a question from judge Nada Rabrenović.
"That evidence around my messages is contaminated. Someone hacked my phone. If he deleted messages in my favor, he could also write to my detriment," she emphasized.
She announced that it was a matter of political persecution against her and emphasized that the Supreme Court during her mandate was the temple of knowledge and the backbone of the justice system.
She forwarded the messages to Arsić's wife
Although she claimed in the courtroom that she only discussed her godfather's case with lawyer Aprcović, Vesna Medenica forwarded the messages sent to her by judge Vlahović Milosavljević to the wife of her godfather, Rad Arsić, with the note "this is for the godfather".
In this way, she taught him how to "unbox" the adoption of a temporary measure.
In addition to her, she also sent messages to lawyer Aprcović, to whom, the day before Judge Vlahović Milosavljević passed the decision, she forwarded the judge's advice - to attach the verdict of the court in Kotor and state that the plaintiff has no property, nor does he generate income in Montenegro, and some evidence for that if he owns it".
Blaža called to "see" the item
At the end of January 2019, i.e. a month after she wrote the decision in favor of Vesna Medenica's godfather, the then judge of the Commercial Court reported to the President of the Supreme Court that an objection had been filed to her decision.
Medenica then announces that he will call Blaž Jovanić, at that time the president of the Commercial Court, who was later accused of being the head of the bankruptcy mafia.
"Good morning! Just to greet you and let you know that there was an objection to the council's decision on determining a temporary measure. Marina Đurovic is in charge of the case. Many greetings", writes Vlahović Milosavljević on January 28 of that year.
"Ok, I'll call Blaža. Send me the case number," Medenica replies.
Now accused Vlahović Milosavljević warns Medenica why it is good to "clean up".
"It would be good to follow up on that. It is a specific situation. Ip. no. 367-19"...
Three days later they discuss the subject again:
"Good morning. Marina Đurović just called me to clarify something about the decision, she was very conflicted at first and could not analyze the factual situation, but after that she said that she would confirm the decision, I will let you know. Greetings!!”.
Medenica answers briefly: "OK", and then adds: "Blažo told me".
“Excellent! I greet you!", the judge sends her.
During the hearing, I thought and feared that I could be detained, that is, detained, and therefore separated from the newborn child I was breastfeeding, considering that at that moment all persons in the case were in custody. Because of all of the above, I was not able to carefully follow the process of making the record, nor to understand the significance of the sentences that the prosecutor entered in the record on my behalf. This means that my defense is not only incomplete, but also imprecise," she said.
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