RESPIRATOR CASE: Pašić mentioned 'Čović case', defences filed appeals - convicted for acts they were not charged with!

(Patria) - The Appeals Chamber of the Court of Bosnia and Herzegovina (BiH) heard on 2 November appeals against the first-instance verdict regarding the procurement of respirators, submitted by the BiH Prosecutor's Office and the defence of the former Prime Minister of the Federation of BiH Fadil Novalić, as well as Fahrudin Solak and Fikret Hodžić.

Novalić, Solak and Hodžić were sentenced on 5 April 2023 to a total of 15 years in prison for abuses during the coronavirus pandemic, in the public procurement of medical respirators worth 10.5 million marks (5.4 million euros).

Novalić was sentenced to four years in prison, the suspended director of the Federal Civil Protection Administration Fahrudin Solak to six, and the owner of the company "Srebrena malina" Fikret Hodžić to five years in prison.

Today, it was mentioned to what extent the media campaign in this case was hostile towards the accused, primarily fueled by information from the investigation itself.

Interestingly, prosecutor Džermin Pašić stated today that 'the case of Dragan Čović must not be repeated'. The defences, on the other hand, requested that the accused not be discriminated against and that the Court of BiH should deal with cases that fall within the exclusive jurisdiction of this court.

Pašić complained that the Court of BiH imposed lenient sentences on the accused and made a "sort of compromise" because the accused held high political positions at the time of the first-instance verdict.

He pointed out that the first-instance verdict was inadequately reasoned in the acquitting part and that the Court of BiH failed to determine whether former Finance Minister Jelka Miličević knew what was being procured for 10.5 million marks when she signed the payment.

He added that the Court, based on an incorrectly established factual situation, drew a wrong conclusion and acquitted the accused of the criminal offence of association for the purpose of money laundering.

Lawyer Vasvija Vidović, defence attorney for the former entity Prime Minister Novalić, also stated that she was dissatisfied with the first-instance verdict, noting that it was insufficiently reasoned and "in many parts contradictory", reports RSE.

She explained this by saying that the first-instance panel, as she stated, did not explain for which actions the accused were acquitted, and she requested an acquittal for Novalić.

Novalić, Solak and Hodžić were found guilty of abuse of position, and Solak also of forgery of documents. Due to lack of evidence, they were acquitted of charges of association for the purpose of committing the criminal offence of "money laundering, forgery or destruction of business books", and Novalić also of receiving a reward.

Mirna Avdibegović, lawyer for Fikret Hodžić, stated that, regarding her client, it is most important to emphasize that he was convicted of a criminal offence that was never charged against him and for which he never had the opportunity to plead, nor to defend himself, without any reclassification, but rather he was acquitted of absolutely all criminal offences charged against him under points 1 and 2 of the indictment.

"Specifically, Fikret Hodžić was convicted of the criminal offence of 'Abuse of Position or Authority' under Article 383 of the Criminal Code of the FBiH. Such an offence was not only never charged against him and no reclassification was made, but the first-instance verdict does not contain a single word of reasoning in this part as to why he is being convicted for an offence for which he was never charged. But not only that, the factual description of both points of the indictment, and thus the wording of the first-instance verdict, does not contain even the basic elements of this criminal offence," said Avdibegović.

Hodžić's company "Srebrena malina" was convicted of disposing of illegally acquired property and fined 200,000 marks (100,000 euros). Hodžić and his company were also ordered to forfeit illegally acquired property gains in the amount of 694,747 marks.

Lawyer Senka Nožica emphasized that she feels sad as a lawyer, because only persons from the FBiH are being prosecuted, who in that period were trying to procure life-saving equipment.

We recall, the verdict acquitted Jelka Miličević, the former federal finance minister, of the charge of negligent work in service.