Prosecutors: Investigation can be expanded to other persons and procurements | Defense: No grounds for detention

SARAJEVO, (Patria) – The hearing on determining detention measures for the suspects in the "Respirators" case, Fadilu Novaliću, Fahrudinu Solaku, and Fikretu Hodžiću, lasted seven hours. 

The BiH Prosecutor's Office stated that the detention proposal applies to all three suspects. 

Regarding the charges against Fadil Novalić, Prime Minister of the Federation of BiH, the prosecutors stated that he is charged with "association for criminal offenses in connection with abuse of office, accepting gifts for trading influence, and money laundering". 

As for the second suspect, Solak, the BiH Prosecutor's Office charges him with "association for criminal offenses in connection with abuse of office, accepting gifts for trading influence, money laundering, and forgery of official documents". 

Fikret Hodžić is charged with "association, abuse of office, accepting gifts or other benefits, money laundering, and falsifying commercial books". 

At the hearing, the Prosecutor's Office stood by its original proposal and recapitulated the key segments of the case with a chronology of events. 

"The order to expand the investigation established the degree of reasonable suspicion that after the session of the Government of the Federation of BiH on March 16 and the declaration of a state of emergency, the suspects Novalić, Solak, Hodžić, and the legal entity 'Srebrena malina', along with others in the Government of the Federation of BiH, the Agency for Medicines, as members of the group, were preparing a plan to embezzle money from public procurements during the pandemic," stated the prosecutors. 

The prosecutors also stated that according to their evidence, the three suspects communicated with each other even before the respirator procurement contract. 

As reasons for detention, the prosecutors cited the risk of collusion (danger of destroying evidence or traces, suspects influencing accomplices, as indicated by previous communication, and suspects influencing witnesses). The second reason, according to the prosecutors, is that "the conditions for ordering detention based on a special detention ground have been met". 

Viber communication in several groups, as well as deleted messages, were presented by the BiH Prosecutor's Office as a significant part of the detention proposal. 

The prosecutors requested, and were granted, that certain evidence not be provided to the defense yet, due to the interests of the investigation. 

Defense

Vasvija Vidović, lead attorney in Fadil Novalić's team, pointed out "that her client is being held illegally although the defined deadlines have expired". 

Vidović further added: "The Prosecutor's Office claims that Novalić is suspected of accepting gifts and money laundering. Not only has the Prosecutor's Office not provided a single piece of evidence, but it has not even factually described the grounds for suspicion. It is not stated from whom, when, and where he received the gift, nor which financial flows are being discussed. The Prosecutor's Office has not given any indication of the grounds for suspicion of money laundering. The key accusation is association for criminal offenses". 

She added that the other accusations are also not supported by evidence. Defense attorney Vidović asked what about the Deputy Prime Minister and Minister of Finance, who also holds the position of President of the Civil Protection Crisis Staff of the Federation of BiH. 

"It is crystal clear that the Crisis Staff, i.e., Jelka Milićević, requested this equipment during the pandemic. Milićević explained the request at a Government session, where the decision was made unanimously. The Government did not decide on the specific allocation of funds. The procedure of the Government of the Federation of BiH was not part of a criminal plan but a decision on a request. It is unclear whether Milićević or Solak signed the decision. It is an arbitrary assessment that there was a plan, because if that were the case, Milićević would have participated as commander. Why didn't the BiH Prosecutor's Office state that the Federal Ministry transferred funds to the account of 'Srebrena malina'? If something was suspicious, the Ministry of Finance has a procedure to stop it," Vidović stated. 

She noted that the key mistake of the BiH Prosecutor's Office is the position that "the Prime Minister is responsible for the Government's decisions". 

Fadil Novalić's defense team member Muhidin Kapo says that "the impression is that the Prosecutor's Office went to any lengths to place a very successful Prime Minister of the Federation of BiH in detention". 

Prime Minister Novalić himself said that he only wants to express "frustration with what the BiH Prosecutor's Office has presented". 

"The only thing missing is that we ordered the pandemic from the Chinese. I worked with billions as a businessman, and now it turns out I took 10.5 million KM," Novalić emphasized. 

Kadrija Kolić, lead defense attorney in Fahrudin Solak's team, stated that the Court of BiH must first reject the detention proposal. 

He also pointed out the exceeding of the deadline during which his client was detained. 

Kolić also emphasized that "the Prosecutor's Office expected the defense to remain silent, but all three defended themselves actively". 

Mirna Delalić, as the lead in Fikret Hodžić's defense team, noted that at that moment her client had already been in illegal detention for 27 hours. 

Regarding the Prosecutor's Office, Delalić said that the Prosecutor's Office itself admitted that "the investigation is largely completed". 

"At the beginning, middle, and end of March, Hodžić was not in contact with others. For any association, the Prosecutor's Office has not offered a single piece of evidence. There is no evidence that Fikret Hodžić participated in the preparation and planning of the criminal offenses of abuse of office and exceeding authority. The evidence speaks contrary to what the Prosecutor's Office is saying," Delalić stated. 

According to her, at the time the respirators were procured, there was "enormous" panic. 

"Find me a doctor who was willing at that moment to say exactly what was needed. Hodžić did not appraise the respirators in the correspondence, but provided data from his suppliers. No transaction of Srebrena malina ever went to Montenegro," stated defense attorney Delalić, responding to what the Prosecutor's Office presented. Anesthesiologist Ismet Suljević appraised the respirators, but his name is not on the list of appraisers. Furthermore, there are no elements for any of the criminal charges. There is no evidence that Fikret Hodžić influenced anyone. There is no evidence that Hodžić could influence the course of the proceedings. I see no reason for detention to be ordered for Hodžić and I propose that the detention proposal be rejected," Delalić concluded. 

After the defense's statements, the prosecutors spoke again, stating: "The fact that procurements of tests and other equipment and materials, and other persons, are not included in the investigation does not mean they will not be. If we could, we would have proposed measures, but the scope of the investigation requires detention". 

Pre-trial judge Tatjana Kosović stated that there is a lot of information in this case and that she will make a decision on the detention proposal within the legal deadline.