Trial of State Court Judge Azra Miletic Begins

The proceedings against Sabic have been separated because of his failure to appear in court. Judge Biljana Cukovic said there were indications that Sabic was at an unknown address in Sweden.

According to the charges, Sabic and Brkic promised to give a certain amount of money to Miletic from July 2014 to February 2015. The prosecution alleges that Sabic and Brkic, who were facing organized crime charges, bribed Miletic in order to influence the outcome of a second instance proceeding against them.

The indictment alleges Miletic agreed and received a portion of the bribe through an intermediary known as S-1, knowingly violating the law.

Prosecutor Dzermin Pasic said Miletic met S-1 in a restaurant in the Otoka neighbourhood of Sarajevo on January 16, 2015. At that meeting, Pasic said Miletic pressured S-1 regarding the payment of the bribe and linked the bribe to a date by which she had to pay for an apartment in Tuzla.

Pasic said Miletic failed to examine expert witnesses for the state prosecution during Sabic and Brkic’s second instance trial, in order to reduce their sentences or acquit them.

Miletic’s defense attorney, Edina Residovic, said the indictment should have been revised following the decision to separate the case against Sabic. Presiding judge Biljana Cukovic didn’t approve of the motion and Pasic said he wouldn’t revise the indictment.

In his introductory statement, Pasic said Bosnian society was unfortunately used to corrupt behaviour, as it saw such actions as an opportunity for survival. He said corruption in the judiciary was the most dangerous form of corruption.

“The fight against corruption must begin with the police and judicial institutions,” Pasic said. He said the crimes described in the indictment were incongruous with Miletic’s position as a state judge.

He said the amount of money offered to Miletic didn’t have any bearing on the elements of the crime or its gravity. Pasic said the media and even his own colleagues asked him how much money Miletic allegedly accepted.

Kasim Crnalic, Ramo Brkic’s defense attorney, said his client’s rights in the case were violated and that he was disappointed in the court, which had confirmed the indictment based on assumptions.

“Will the prosecution process judges every time it is dissatisfied with their decisions?” Crnalic asked.

He said the second instance verdict had been pronounced before Miletic’s incrimination in the indictment.

Miletic’s defense attorney, Edina Residovic, said the defense would prove that Miletic hadn’t requested or aided anyone in offering her a bribe, which she never accepted. She said her client performed her duties in accordance with the law and that her actions had never been dictated by others.

“This proceeding has been unlawful from its very beginnings. By giving him immunity, the prosecution turns the perpetrator into a desirable witness,” Residovic said, adding that she still suspected the partiality of the judges involved in the case.

Residovic said human rights legislation as well as the practice of domestic and international courts had been violated in this case, quoting the European Convention on Human Rights. Residovic also called upon the court to extract a set of evidence from the case file she considered illegal.

Police were unable to locate Sabic, who has failed to appear in court since December 11, 2015, at his address in Velika Kladusa. According to judge Cukovic, a police report indicated that his wife, Mirela, claimed he was in Sweden.

Sabic and Brkic were previously placed under a court-ordered ban on meeting certain individuals. At today’s hearing, the state prosecution asked the court to issue an arrest warrant and order Sabic into custody. The defense teams did not comment on the motion.

The prosecution and defense teams were against separating the proceedings against Sabic, citing the inevitability of joining his case and the need to manage the costs of the trial.

“One can’t exist without the other. In other words, there’s no acceptance of bribe without offering it,” Residovic pointed out.

Addressing the trial chamber, Azra Miletic said she wanted a fair trial and that it was up to the court to do all it could to bring Sabic to court.

“The fact that you have accused me in this case does not mean you have sucked my brain out…Why are you rushing all of this?” asked Miletic, who has been suspended from her position as a state court judge for 11 months.

Judge Cukovic said if Sabic appeared, the proceedings against the defendants would be joined.

Prosecutor Oleg Cavka, the first witness in the trial, will be examined at a hearing scheduled for January 28.