MORE OBJECTIONS Suljević claims Chinese ventilators can kill patients, defense argues he missed the mark

(Patria) - In the trial for abuses during the import of ventilators, expert specialist for anesthesiology and reanimatology Ismet Suljević prepared a report on ACM 812A ventilators, of which 100 units were imported based on the contract between the Federal Civil Protection Administration (FUCZ) and the company "Srebrena malina".

The lawyer for the accused Fahrudin Solak stated that this is a "textbook example of illegal evidence". He also stated that Dr. Suljević was not on the list of permanent court medical experts at the time.

However, the presiding judge of the Court Panel, Džemila Begović, rejected the defense's objection, and Suljević did answer the prosecutors' questions today and presented his findings and opinion.

Suljević said that these ventilators can be used for a short period during patient transport.

"Besides transport, it should not be used in intensive care units," said the expert.

He explained that he conducted the expertise by comparing the technical characteristics from the ACM ventilator user manual with the "Evita XL Drager" ventilators, which have been used at the Clinical Center of the University of Sarajevo for the past 15 years.

Suljević stated that "Evita" has significantly more ventilation modes compared to ACM. He added that moderately and severely ill patients with conditions including COVID require certain ventilation modes that ACM does not have.

He added that ACM also lacks the class marking used for invasive ventilators for intensive care. He said that the ACM user manual confirms that they are transport ventilators, which is also indicated by the connection for ambulances.

"Based on all characteristics, this is a machine for transport purposes, for ambulances, or for transporting patients from the operating room to intensive care," explained Suljević.

He listed models of sophisticated ventilators suitable for more severe patients, including one from a Chinese manufacturer. He said that even older models like "Evita" have better performance than ACM.

When asked about the potential consequences of long-term use of ACM ventilators on a COVID patient, the expert stated that harmful consequences could occur. He explained that some patients spent two to three months, or even longer, on ventilators, and that ACM is not suitable for this, among other reasons, due to the oxygen ratio it delivers compared to other machines. He said that a fatal outcome would also be possible.

Several participants in the courtroom raised questions for the public, as they stated. Defense attorney Senka Nožica said that the expert should be asked how many patients died on sophisticated ventilators.

For abuses during the procurement of ventilators, the accused are the federal Prime Minister Fadil Novalić, suspended director of FUCZ Fahrudin Solak, director of the company "F.H. Srebrena malina" Fikret Hodžić, as well as the company itself, and the federal Minister of Finance Jelka Miličević, who is charged with negligence.

Expert Suljević stated at the beginning that he worked as a doctor and university professor, and that he was involved in various associations. He said he retired a few months ago and was the head of the Clinic for Anesthesiology and Reanimatology from 2012 to 2017, when he was "illegally dismissed".

The presentation of the expert's findings was interrupted by numerous objections from the Defense. Solak's defense attorney Marsela Bajramović objected to the legality of the actions taken before the expert's testimony, stating that the expert was with the prosecutor in the FUCZ warehouse on May 6, 2020, without a search warrant, and before an investigation was even opened. Prosecutor Mirza Hukeljić replied that prosecutors have the right to gather information precisely to decide on initiating an investigation.

Objections were raised that the translation of the user manual, which the expert referred to, was not included in the evidence, that no record was made of the actions taken when he was in the warehouse with the ventilators on May 6, nor where the declaration was obtained from. Prosecutor Džermin Pašić presented the record of the inspection conducted on May 4 with photographic documentation, as well as the translation of the manual.

Novalić's defense attorney Vasvija Vidović said she was not ready for cross-examination until the Defense received the documentation that the expert referred to for his claims, which was not stated in the report.

"I need to verify what the expert is saying today," said Vidović.

Hodžić's defense attorney Mirna Avdibegović requested the literature used by the expert, such as scientific papers detailing the consequences of using ACM ventilators.

The cross-examination of the expert has been postponed to next Friday, and the trial continues on January 26 with the testimony of four witnesses, reports BIRN.