The show Načisto on TV Vijesti raised the question of whether the decision of the Agency for the Prevention of Corruption (ASK) regarding Milo Đukanović's undeclared watches was based on legal and factual analyses, or whether, as the former president claims, it was a malicious and legally incompetent act.
Host Petar Komnenić asked the guests whether the ASK decision was legally sound, or whether it was, as Đukanović stated, "malicious and amateurish."
Andjušić: Institutions beheaded, the decision is political
DPS MP Mihailo Anđušić assessed that this was a politically motivated act, stating that the decision fits into, as he put it, "a practice that began in 2019."
"We have beheaded institutions, including ASK, which show that they are currently not worthy of making serious legal decisions," said Andjušić.
He added that during 30 years of holding the highest state positions, of which, as he said, 80 percent of the time he was a public official with the obligation to declare assets, Djukanovic was "in a position to perhaps cultivate such a lifestyle through his income and assets."
"The second part of the story is whether he even has those watches and what their value is," said Andjušić, emphasizing that for years the public has been bidding for amounts - "from a million euros, over 220 thousand, to 63 thousand."
Milovac: Djukanovic still hasn't explained the origin, the fact is that the watches were not registered
The director of the MANS Research Center, Dejan Milovac, announced that the former president's lifestyle "is not a fundamental issue," but rather that the property had to be declared.
"Regardless of what style Mr. Djukanovic cultivated, and whether he could afford it or not, ultimately he could have said whether he found those watches on the street," Milovac said.
He emphasized that the only undeniable fact is that the watches were not reported in the asset records, and recalled that even before, when undeclared assets were discovered, Đukanović was "very economical with honesty."
"I don't know why we should trust his testimony now, as Jelena Perović did in the previous proceedings," Milovac said.
Drakić: Official must declare assets every year; one of the watches under the specified code does not exist
Acting Director of ASK Dušan Drakić said that Đukanović only commented on three hours from the MANS report, but that this was "irrelevant", because a public official is obliged to declare the assets he owns every year, in every report.
He particularly referred to the luxury watch "Breguet Tourbillon", which Đukanović claimed to own.
"The expert's analysis determined that the watch with the code mentioned by Đukanović was never produced - it does not exist under that code. However, there is a watch with a different code, and that model was identified on his hand," Drakić said.
Anđušić: A vague story full of gaps
Commenting on the ASK decision, Andjušić said that "this whole story seems quite unclear and full of gaps" and that he does not know "which citizen could chronologically order everything from this observation."
He stated that he was certain that Djukanovic would speak out "in the days ahead" and provide answers to open questions. He added that Djukanovic "in all these 30 years has had no need to hide his watches, but has appeared with them in public places" and that "it seems to him as if he had nothing to hide."
Milovac reiterated that, regardless of whether Đukanović bought the watches or, as he said, "found them on the street," he was obliged to register them as movable property, as this is a legal obligation for all public officials.
Andjušić then asked:
"You mean to tell me that today all officials in Montenegro who have taken office declare that type of property?"
Milovac replied: "Don't relativize, let Đukanović be that moral vertical and let him alone submit the report."
Andjušić said he believes that, through his political career, the positions he held, the salaries he received, as well as "his family, businesses, whatever you think of them," Đukanović was able to afford a lifestyle "that could be similar to this to a greater or lesser extent."
Milovac: Hours are a drop in the ocean compared to what Đukanović hid from the public
Milovac said that "the lifestyle of the Đukanović family was not always such that a revolving card could be topped up from Blaž Đukanović's budget, nor was Aco Đukanović always the owner of Prva Banka."
He stated that at one time, official reports from the Commission for the Prevention of Conflict of Interest, the predecessor of ASK, "showed that the Đukanović family lived an average Montenegrin standard."
"From that average standard, we saw suits, watches, travel, and everything that was later discovered," said Milovac.
He recalled that it was established that Đukanović "has a company in Cyprus", that "it was not his reputation that determined whether he would receive a million euros from Piraeus Bank, but rather the cash collateral", and that in 2021 it was established that Đukanović and his son Blažo "have family trusts, that they have companies in several destinations, that there are bank accounts in other countries".
He added that "all of this was hidden, including the watches, which are a drop in the ocean compared to what Djukanovic hid from the Montenegrin public, which is his property."
Milovac said that "a red flag, not only for Djukanovic but for any public official, from MPs to ministers to Djukanovic himself," is a situation in which there are "changes in assets that cannot be explained." He emphasized that this is the "first red flag."
He recalled that MANS had previously investigated the cases of Vesna Medenica, Milivoj Katnić, Zoran Lazović and Veselin Veljović "much earlier, before the Sky communication and before the Agency concluded that there were discrepancies", because, as he stated, "they found property that did not match their lifestyle and income".
"These people are facing very serious charges today," Milovac added.
Drakić recalled the practice of the European Court of Human Rights, stating that "the silence and failure of the defendant to plead guilty in the proceedings represents an assumption that he has no evidence to present that could be a mitigating circumstance for him."
Komnenić then raised the issue of the prosecution's position. The Special State Prosecutor's Office's response was read out on the show:
"Dear Sir, by the time this answer to your question was submitted, the Special State Prosecutor's Office has not been provided with a report or other documents regarding the wristwatches of the former President of Montenegro by the Agency for the Prevention of Corruption." — Special Prosecutor/Spokesperson Vukas Radonjić
Drakić added that "tomorrow we will have a meeting with the Special State Prosecutor's Office where we will talk about this and provide them with all the documentation."
Drakić: There is absolutely no talk of retroactivity
Komnenić recalled that the IBAR Law on the Prevention of Corruption stipulates that conflict of interest and whistleblower protection proceedings that were initiated before the new law entered into force will be concluded under the old law. He stated that ASK received the opinion of the Ministry of Justice that this means that all other proceedings, including the Đukanović case, will be concluded under the new law.
Drakić responded: "We have two Administrative Court rulings that ordered us to act in that case. There is absolutely no talk of retroactivity here, in my opinion and the opinion of the Ministry of Justice."
Andjušić responded that Đukanović "has his own legal team that has given its opinion and he believes that this legal retroactivity has no basis for this situation and he will clarify this further."
At one point, Drakić asked: "Is Jelena Perović on that team?" alluding to the former director of ASK who previously acted in Đukanović's cases.
When asked by Komnenić how moral it was that at a time when the minimum wage was 200 euros, the head of state wore a watch that was worth "at least 40 minimum wages", Andjušić said: "Whether it's 60 minimum wages or 40 or 20, we don't know."
He added that his opinion was that Djukanovic "held the highest positions for 30 years, and during short breaks he engaged in business and spoke very openly about his affinities." He stated that the income he had during those periods, "especially from 2015 to 2017," was significant.
"For example, Capital Invest's income was around a million euros officially reported, plus an official annuity in his son's name. That income alone amounted to over a million and a half euros, and we have watches worth 225.000 euros and when we factor in a revolving card of 200.000 euros, we come to the conclusion that during that period, when he was in business and receiving salaries, his income was up to a million and a half, and his expenses were at most 500.000," said Andjušić.
"My conclusion is that after 30 years, Djukanovic was able to afford this lifestyle. Did Djukanovic make a mistake in terms of violating the law on declaring assets during that period - it is very possible. If that is his mortal sin, then I think there are some political motives," he concluded.
Komnenić recalled the decision of the Agency for the Prevention of Corruption from February, which determined that Milo Đukanović, as a user of the Atlas Bank VIP revolving card, made more than 236.000 euros in inflows and around 249.000 euros in expenditures in the period from 2007 to 2015, with eleven cash payments exceeding 10.000 euros, and that he never reported either these transactions or the debt on the card as a public official.
In that decision, ASK stated that Đukanović violated the law by failing to declare a debt of 16.741 euros in 2019, which he claimed was settled by his son. The Agency obtained this information after reviewing the files of the Commercial Court, in a procedure initiated at the initiative of MANS. After Drakić explained ASK's actions in that case, Komnenić assessed that "already there is almost half a million undeclared assets."
Komnenić also recalled a case in France, where Culture Minister Rašida Dati was placed under investigation on suspicion that she failed to declare a collection of jewelry and watches worth around 420.000 euros, with a total of 19 luxury items, in her asset declaration. Failure to declare assets in this way is punishable by up to three years in prison or a fine of up to 45.000 euros in France.
Andjušić: Djukanović also wants to put an end to it; Milovac: We still don't have a system that will be intolerant of all types of corruption
When asked by Komnenić what they expect as the epilogue of this situation, Andjušić said that he "believes, and that Đukanović himself expects, that these issues will be put to rest in one way or another". He added that Đukanović will "state where he needs to state his opinion", and that he "thinks he has an obligation and that he will provide answers". He also recalled that, as he said, "he gave a large part of it in his press release yesterday", and stated:
"I think that Djukanovic, in addition to witnessing income, has done some great things for Montenegro, that he brought in 12 billion euros of investments, that he brought Montenegro into NATO and that he has done some things that it would be incorrect not to mention."
Milovac responded that he "agrees that Đukanović wants to put an end to this", especially, as he said, "with the courts we have at the moment, which are still burdened with judges like Vesna Medenica, with the legal framework that has allowed Đukanović to go unpunished". He stated that he thinks "he will sleep very peacefully because it will be very difficult for the prosecution to prove anything".
"Regardless of the hours, I think the prosecution has much more serious cases concerning Đukanović that they need to deal with, and that could be additional evidence of where that money went," he added. Milovac concluded that "after five years of change of government, we still do not have a system that will be intolerant of all types of corruption."
Drakić said that "what is important in this case is that we, based on the evidence and facts we have come across, have determined and made a decision."
He rejected the allegations of illegal actions from Djukanovic's press release yesterday.
"It is incorrect that we applied the law retroactively, the court obliged us to continue the proceedings and we could not suspend the proceedings. It is incorrect that we falsified the expert's findings - completely unfounded. It is incorrect that we manipulated the value of the watches."
Bonus video:
