N16.T1 – Ten Years in Prison for Vesna Medenica for Unlawful Influence, Her Son Miloš on the Run
HRA NEWSLETTER 16 – TOPIC 1
The panel of the High Court in Podgorica, presided over by Judge Vesna Kovačević, sentenced the former President of the Supreme Court of Montenegro, Vesna Medenica, to ten years’ imprisonment. She was convicted of two criminal offences of unlawful influence through mediation involving the acceptance of a promise of a bribe for the benefit of her son (Article 422, paragraph 3 in conjunction with paragraph 2 of the Criminal Code of Montenegro), as well as two additional offences related to mediation through the abuse of official position (Article 422, paragraph 2 of the Criminal Code of Montenegro).
This is a first-instance judgment.
“The Court finds that in the cases ‘Fab Live – Gugi Commerce’ and ‘Cijevna Commerce – Omorika and the State’ the existence of an unlawful agreement between certain defendants and third parties was proven, the aim of which was the adoption of favourable court decisions. In this context, the defendants Miloš Medenica, Nikola Raičević and Marko Vučinić created the conditions for the commission of the criminal offence and communicated with the parties, while the defendant Vesna Medenica, using her official position and presumed influence, undertook acts of mediation and exerted influence on other judges to perform an official act that should not have been performed, and in doing so accepted a promise of a bribe for her other son, the defendant Miloš Medenica,” the High Court judgment states.
In the review proceedings before the Supreme Court in the case “Fab Live – Gugi Commerce”, the panel consisted of judges Radojka Nikolić, Natalija Filipović, Rada Kovačević, Vesna Jočić and Branimir Femić, while in the case “Cijevna Commerce – Omorika and the State” the panel before the Supreme Court consisted of judges Dušanka Radović, Nataša Božović, Ranka Vuković, Vesna Vučković and Vesna Begović.
The High Court established that Vesna Medenica exercised unlawful influence in two additional proceedings related to the company Carine d.o.o., owned by her godfather Čedomir Popović. In the review proceedings before the Supreme Court, Judges Radojka Nikolić, Branimir Femić and Vesna Jočić voted to dismiss the prosecutors’ request for review, while Judges Natalija Filipović and Rada Kovačević voted in favour of granting it. Although the decision was initially adopted by a majority of votes, the original text of the judgment was later amended to state that the decision had been adopted unanimously, which, according to the court, occurred following mediation by Vesna Medenica.
In another case before the Basic Court in Herceg Novi, former judge Jovan Stanković, testifying as a witness, admitted that under pressure from Vesna Medenica he rendered a judgment by default, even though the statutory conditions for such a decision had not been met.
There is no information that proceedings to establish responsibility have been initiated against judges who, according to the judgment, fell under the unlawful influence of Vesna Medenica, except for an investigation against retired judge Rada Kovačević for giving false testimony at the trial of Vesna Medenica (more details in the short news section).
When pronouncing the judgment, Judge Vesna Kovačević particularly emphasized the position held by Medenica at the time the criminal offences were committed.
“The Court gave special weight to the fact that the defendant Vesna Medenica, at the time of the commission of the criminal offence, held the position of President of the Supreme Court of Montenegro – the highest judicial office, which by its constitutional and statutory role entails the protection of legality, judicial independence, the fight against corruption, and the strengthening of public trust in the judiciary,” Kovačević stated.
However, Medenica was acquitted of the charge of forming a criminal organization due to a lack of evidence.
“Given that the indictment of the Special State Prosecutor’s Office alleged that the criminal organization was formed for two purposes – cigarette smuggling from the Port of Bar and unlawful influence aimed at securing court decisions – it would have had to be proven that the defendant Vesna Medenica knew that cigarettes were being smuggled, that her role fitted into the protection of that smuggling, that judicial influence was used as an instrument of the organization rather than for personal assistance, that she was assigned a role and accepted it. The Court has no evidence in this regard. According to the Court’s view, for membership in a criminal organization it is not sufficient that her son, the defendant Miloš Medenica, referred to her authority as the organizer, that she exerted influence in certain cases, and that her son accepted bribes from others.”
Vesna Medenica and her son Miloš did not attend the pronouncement of the judgment. The High Court extended the measures prohibiting her from leaving her place of residence and ordered the confiscation of her passport.
Miloš Medenica was sentenced to ten years and two months’ imprisonment as the organizer of a criminal organization and acquitted of charges of illegal possession of weapons and enabling the consumption of narcotic drugs by multiple persons. The court ordered his detention, but he was not found at his apartment when the authorities attempted to take him into custody. It was established that he is on the run and an international Interpol warrant has been issued for him.
As an ancillary sanction, Judge Kovačević imposed a single fine of EUR 50,000 on each of the Medenicas. In addition, the defendants – apart from the former head of the Montenegrin judiciary – brothers Bojan and Marko Popović and Vasilije Petrović are jointly obliged to compensate the state for damages in the amount of EUR 2,736,715.89.
All other defendants in this case were sentenced to prison terms ranging from six months to four and a half years for criminal offences including forming a criminal organization, incitement to unlawful influence, unauthorized production, possession and distribution of narcotic drugs, and smuggling.
After the judgment was delivered, the Special State Prosecutor’s Office stated that it was satisfied with the court’s decision.
“We are satisfied that the judgment demonstrated that the Special State Prosecutor’s Office performed its work professionally, based on evidence, and that there is no basis for claims that the initiation of these proceedings was politically motivated or driven by any other motive not grounded in evidence,” said Special Prosecutor Vukas Radonjić.
Nevertheless, as the Special State Prosecutor’s Office sought prison sentences of 20 years for Vesna and Miloš Medenica, it announced an appeal.
“In that part, we will certainly consider filing an appeal. Once we examine the reasoning, including for the criminal offences of which the defendants were acquitted, we will certainly lodge an appeal,” the prosecutor stated.
By way of reminder, the Special State Prosecutor’s Office accused Miloš Medenica, the son of the former President of the Supreme Court, of forming a criminal organization in 2019, whose members included his mother and other defendants, with the aim of cigarette smuggling and unlawful influence over the judiciary in order to obtain unlawful financial gain and power. The Special State Prosecutor’s Office filed indictments against him and Vesna Medenica, Darko Lalović, Vasilije Petrović, Bojan and Marko Popović, Marko Vučinić, Milorad Medenica, Luka Bakoč, Petar Milutinović, Ivana Kovačević, Radomir Raičević, Marjan Bevenja, Stevo Karanikić, Goran Jovanović, and the company Kopad Company, for criminal offences including forming a criminal organization, smuggling, giving and receiving bribes, unlawful influence and incitement to unlawful influence, abuse of office, drug trafficking, illegal possession of weapons, causing grievous bodily harm, and obstruction of justice.
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