Indictment against Čapljina Mayor Confirmed, Ban on Performing Duties Sought

(Patria) - The Herzegovina-Neretva Canton Prosecutor's Office, after conducting an investigation, has filed an indictment against Smiljan
Vidić (born 1963) from Čapljina and Darko Šimović (born 1972) from Čapljina, on grounds of reasonable suspicion that as co-perpetrators, Smiljan Vidić committed the criminal offense of Abuse of Office or Authority under Article 383, Paragraph 3, in conjunction with Paragraph 1 of the Criminal Code of the Federation of Bosnia and Herzegovina, and Darko Šimović committed the criminal offense of Abuse of Office or Authority under Article 383, Paragraph 3, in conjunction with Paragraph 1 of the Criminal Code of the Federation of Bosnia and Herzegovina, which the Cantonal Court in Mostar has fully confirmed.

Namely, the indictment suspects Smiljan Vidić, as the Mayor of Čapljina Municipality, and Darko Šimović, as a civil servant - Assistant Head of the State Administration Body in the Service for Geodetic and Property-Legal Affairs of Čapljina Municipality, of jointly and by agreement, during the period from March 2011 to January 2015, in the area of Čapljina Municipality, using their official positions and authorities.

They exceeded the limits of their official authority and failed to perform their official duties granted by their positions regarding the management of municipal and state construction land in the area of Čapljina Municipality, not for the purpose for which such authorities were granted, but with the aim of obtaining unlawful property benefits for another, or causing property damage to Čapljina Municipality.

As stated by the Prosecutor's Office, due to the omissions of Smiljan Vidić and Darko Šimović, the unregistered legal entity "Neretva energija" d.o.o. Čapljina was granted the use of land with an area of 143,159 m² in Čapljina Municipality, and subsequently, on January 29, 2015, became the owner of the allocated land, according to the Decision of the Municipal Court in Čapljina. In this manner, the suspected individuals obtained unlawful property benefits for the legal entity "Neretva energija" d.o.o. Čapljina in the form of acquiring ownership of the land, although they were not entitled to it, which was determined by expert assessment to be worth 1,002,113.00 KM in 2015, while the legal entity "Neretva energija" paid 143,159.00 KM for the allocation. Thus, the legal entity "Neretva energija" d.o.o. Čapljina acquired unlawful property benefits in the amount of 858,954.00 KM, and Čapljina Municipality suffered damage in the form of loss of ownership of the aforementioned land, with an estimated value of 1,002,113.00 KM in 2015.

Furthermore, in accordance with the Law, the Prosecutor's Office has proposed to the Court that a security measure prohibiting the performance of professions, activities, and duties be imposed on the suspects, as there is a risk that such performance could encourage them to commit a new criminal offense related to the performance of their profession, activity, or duty.

The Prosecutor's Office will prove the allegations of the indictment by examining a certain number of witnesses and experts, and by submitting a larger number of material evidence.