Defense objections delay expert witness examination in Osman Mehmedagić case

(Patria) - Although the hearing of three prosecution expert witnesses was scheduled for today, the Defense of Osman Mehmedagić, former director of the Intelligence-Security Agency (OSA) charged with abuse of office, filed procedural objections which led to the postponement of their examination.

Mehmedagić's attorney Nermin Mulalić filed a procedural objection at the very beginning of the hearing regarding the presentation of evidence. He explained that he believes there is evidence that the findings and opinion are unlawful, and therefore there is no procedural prerequisite to hear the proposed expert witnesses.

“The Defense bases its argument on the fact that the objects of expert examination are unlawful evidence,” Mulalić said, adding that the opening and inspection of the objects of expert examination were not done in accordance with the law.

The Defense stated that a ruling by the Court of Bosnia and Herzegovina dated June 14, 2021, ordered a search of the apartment, other premises, and movable property used by Denis Prcić, as well as the central computer unit.

Mulalić explained that, according to the accompanying document from the Criminal Police Sector of the Ministry of Interior, which executed the order, it was stated that certain items were seized without a warrant, i.e., they were voluntarily handed over by two persons not covered by the warrant. He added that the prosecuting attorney had ample time to request a new oral or written warrant.

It was also stated that the certificate of seized items shows that the items were seized from Nedim Osmanbašić, who was not covered by the warrant, i.e., he voluntarily handed them over. Osmanbašić had previously testified in this case as a prosecution witness.

“The Prosecution committed another violation because the procedure for opening those items was conducted contrary to legal provisions,” Mulalić said, explaining that Osmanbašić was not summoned to the opening of those items. According to the record, as stated, only Denis Prcić was present at the opening.

Mehmedagić is charged with performing the duties of director of the Intelligence-Security Agency (OSA) from 2019, when his diploma from the Faculty of Business Studies in Banja Luka was annulled, until 2023, when he was dismissed from his position, without the required higher education qualification. He is accused of abusing his position to remain in a role for which he did not meet the requirements.

Mulalić also said that on July 8, 2021, the Prosecution issued an order for expert examination of central units, servers, and hard drives without conducting a search of those items.

“Expert examination of computers is an action that must be conducted in a manner that ensures the integrity of that procedure,” Mulalić said, pointing out that all of the above is sufficient for the Court to decide that the objects of expert examination were obtained unlawfully.

The Prosecution was unable to comment on this objection today, and time was left for it to do so at the next hearing. The expert witnesses, although they appeared at the Court, were not heard today, and the Court will decide on the objection after the Prosecution also provides its statement.

The next hearing is scheduled for February 10.