Prosecution's Closing Arguments in 'Respirators' Case: Investigation Obstructed, Minimal Support from Police Agencies

The Prosecutor's Office of Bosnia and Herzegovina stated in its closing arguments that it has proven the responsibility of Federal Prime Minister Fadil Novalić and other defendants for abuses during the procurement of ventilators in the spring of 2020, emphasizing that 10.5 million from the budget was squandered, writes Detektor. 

The prosecution began its closing arguments in what prosecutor Džermin Pašić described as an unusual manner, considering it a specific case initiated based on investigative journalism, whose investigation was marked by numerous obstructions and conducted with minimal support from police agencies. He also complained about the judges' comments and the Council's procedural decisions to the detriment of the Prosecution.

"There was great public interest because it is clear to everyone that this country is shackled by corruption," said Pašić.

According to him, this case showed that one phone call or SMS is enough to hand over budget money to the suitable person, i.e., to entrust the procurement of ventilators to 'Srebrena malina', even though this company had never dealt with the import of medical equipment.

He spoke about the medieval principles that prevail in BiH, the situation where citizens are not allowed to ask where budget money is going, and the danger of the judiciary, as an independent branch of power, collapsing.

Presiding Judge Branko Perić suggested that the prosecutor stop philosophizing and talk about the case, while defense attorney Senka Nožica asked if she should leave the courtroom until the prosecutor started talking about the evidence, considering his presentation intended for journalists, as was the entire proceeding.

Prosecutor Pašić insisted on finishing his presentation on the circumstances of the case, continuing to talk about corruption, difficulties in the investigation and trial, and the defense's strategy of justifying rather than refuting irrefutable evidence.

Prosecutor Mirza Hukeljić then analyzed the presented evidence, stating that budget money was given to a company that was chosen, not selected, through the prescribed procedure.

"The entire system was circumvented to pay money to someone..." said Hukeljić.

He recalled the messages and communication between Novalić, the suspended director of the Federal Civil Protection Administration (FUCZ) Fahrudin Solak, and the owner of 'Srebrena malina' Fikret Hodžić, which show their collusion, but also deny their claims from the investigation that they did not plan the procurement together.

To achieve their plan, he added, the number of members of the Civil Protection Staff was reduced, and the only anesthesiologist was removed from it.

"It is only an illusion that the public procurement procedure was carried out by the FUCZ. The procedure was carried out by the technical secretary of the Government following the Prime Minister's instructions," stated the prosecutor, quoting a message that Solak "poorly doesn't know that he doesn't decide anything."

He stated that the procurement contract was signed on April 2nd, and only after 10,530,000 marks were paid to Hodžić did he start procuring ventilators. He also recalled evidence that the contract was initially signed for HCVE 003 model ventilators, and later, when they were not available, AMC 812A ventilators were procured. These ventilators, according to the prosecutor, originate from a procurement made by a Montenegrin company for 'Sinofarm' from Belgrade, with whom the contract was terminated due to delivery delays.

"'Sinofarm' paid 39,000 euros per ventilator – twice as cheap as the contract later concluded with Fikret Hodžić," the prosecutor pointed out, quoting one of the messages that everyone who needed to be honored would be.

Hukeljić said that the ventilators were not adequate for treating severe cases in COVID patients, but that even if they had been the best, the way the deal was done constituted a criminal offense.

"They agreed on who would buy... that Fikret Hodžić would be the supplier at all costs," said the prosecutor.

According to him, the accused Federal Minister of Finance, Jelka Milićević, was aware that funds were being allocated for ventilators, participated in the transfer of money, knowing that it concerned a person not registered for such business and that there were no bank guarantees, but took no action to prevent the transfer of unsecured funds.

"We don't know where they are or what they are used for (the imported ventilators), and we know there is no money in the budget – 10,530,000. This is wasted money," emphasized Hukeljić.

Novalić's defense will present its closing arguments on February 22nd.