Judges Lukes Stands by Former Decision of Accused Judge Azra Miletic

Lukes testified at the trial of his colleague, judge Azra Miletic and Ramo Brkic, who are accused of taking and receiving bribes. Brkic allegedly offered Miletic a bribe, which she accepted, in exchange for a favourable verdict in appeals proceedings against him.

The state prosecution asked Lukes to testify regardings counts in which Miletic is charged with abusing her powers as a judge.

Lukes, however, refused to go into the details of the appeals process against Brkic. Brkic’s appeal took place from 2014 until February 2015. He said he couldn’t recall the appeals process and didn’t want to misspeak.

He confirmed that he was the president of the chamber which repealed the first instance verdict. He also confirmed that Miletic was the president of the chamber during the retrial. Citing laws, Lukes described the authorities of the president of the chamber in the appeals process.

Prosecutor Dzermin Pasic presented Lukes with a preliminary opinion about the evidence, signed by Miletic.

“I’m not sure I saw it,” Lukes said. He said Miletic had the authority to issue such a decision.

Lukes was asked whether he remembered talking to Miletic about preparations for the retrial. Lukes said he didn’t. He said he trusted Miletic.

“I can’t say if the decision was unanimous. It was made and I stand by it,” Lukes said, answering questions about the decision to approve the retrial of Brkic.

The defense asked Lukes about legal clarifications with regard to the role of judges. Lukes said he didn’t want to give an opinion. He said the defense was asking “questions from the bar exam.”

Prosecutor Pasic objected to the general questions of the defense.

Miletic’s attorneys argued that Miletic acted within her rights in the Brkic appeals case. Responding to prosecutions from the objection, the defense said they were forced to ask more general questions because Lukes said he couldn’t remember the case clearly.

“Considering the case I stand trial for, the questions have to be legal. The witness was a member of the chamber and he can say if I broke the law. If he can’t recall, it is normal he would be asked systematic, procedural questions,” Miletic said.

Judge Lukes said the appeals chamber never discussed the possible outcome of Brkic’s retrial, so couldn’t speculate on what it might have been.

Miletic was arrested a year ago, after closing arguments in Brkic’s retrial.

She is charged with taking bribes from Ramo Brkic and Senad Sabic to acquit them.

The trial resumes on February 29.