- Zagreb County Court spokeswoman Krešimir Devcic explained that the Judicial Council chaired by Judge and President of that court, John Turudic, who would have to be tried again in Hypo and Ina-Mol cases, will announce on Tuesday whether Defense's proposal for the former Prime Minister Ivo Sanader will be issued for Turudić's exemption and other Zagreb judges to be dismissed or forwarded to the Supreme Court.
"The Trial Chamber has decided that the motion of defense for the exemption of the President of the Judicial Council, who is also the president of the court, as well as all other judges will decide tomorrow. So tomorrow we will actually know the decision as to whether the proposal itself will be decided in the sense that it will be delivered to the Supreme Court or if that proposal is eventually rejected, "Devcic said after Sanader's defense requested exemption at the preparatory hearing held on Monday.
Devcic said that "the defense in its proposal goes to the exemption of the president of the court and the president of the court council, as a person who simultaneously performs the function of the president of the court and at the same time the presiding judge and the court council deciding on the specific case". "The principle of the exemption of a judge is always decided by the President of the Superior Court, in this case the President of the Supreme Court. Given the fact that here is the request for the exemption of all other judges, we are in a situation where there will be no one who can decide as a possible deputy or a person who could decide on the proposal instead of the presiding judge on the whole Zagreb County Court ", he emphasized.
To the question whether the procedural precedent Devcic said that "the situation is not simple" and that Sanader's defense proposal, outlined on the 11 side, calls for a number of decisions by the European Court of Human Rights.
Director of Uskoka Tamar Laptoš, who during the first trial to Sanader, pleaded guilty, said that Turudić's exemption was being sought by the Defense, since "the Constitutional Court stated in its decision that consideration should be given to the possibility of conducting proceedings before the new council" and " for some reasons why they have doubts "that Judge Turudić should be biased in this case.
Slokovic: Defense demand does not mean that Sanader could not be tried by any of Zagreb's judges
Sanader's lawyer Jadranka Slokovic said their request did not mean that Sanader could not be tried by any county court judge in Zagreb, but none of them should decide on Turudic's exemption.
Sanader's defense also warned that the Constitutional Court in the explanation of the demolition of Sanader's judgment for war profits in the case of Hypo and the receipt of bribes from Hungarian MOL had recommended that a repeated trial should be conducted before the new Judicial Council.
Despite such a position, Judge Turudić immediately after the decision of the Constitutional Court in media affirmation stated that "there is no reason to re-trial Sanader".
Sanader's lawyers therefore announced that they would demand Turudić's exemption, due to doubts in the court's bias. They also pointed out that for September, when scheduled disputes have been scheduled for re-trial in Sanader's trial, trials have already been scheduled in the case of Planina, where Sanader is also accused of corruption.
In September, as it is known in court, it should have been known whether Sanader would be tried together with MOL Director Zsolt Hernadi, who was to begin trial in February for bribing the former prime minister and the president of the HDZ. But the beginning of this proceeding was postponed because the Supreme Court did not return the file that ended there after Hernadi's defense complained that the entire documentation in this extensive case was not translated into Hungarian, with the argument that no matter what he is in absentia, in a language that he understands.
At the end of September, the Supreme Court should also decide on the second-held Sanader Corruption Affair - considering appeals for a Fimi media case in which Sanader and the HDZ were found to be wrongfully found guilty of withdrawing money from state institutions and companies.
Following the decision of the Constitutional Court, Sanader, who had been serving a prison sentence of 8,5 years before, was returned to the regime of the investigative prison that was assigned to him in the case of Fimi Media.
The court is 26. on August, rejected Sanader's defense request to allow him to defend himself in freedom, guided by the court practice so far that an investigative jail in various cases can not be summed up. Lawyers claiming the statutory deadline of three and a half years as long as the prison may last may have been announced by a constitutional complaint.