After today’s hearing for President of Republika Srpska Milorad Dodik and acting director of the Official Gazette Miloš Lukić, who are accused of disobeying the decisions of the unrecognized High Representative, it has become clear that Christian Schmidt will not be among the witnesses.
The controversy was further fueled by the Prosecutor’s request to introduce OHR documents addressed to the institutions of Republika Srpska as material evidence. These documents inform the authorities that Schmidt annulled the decisions of the National Assembly and obligate the Official Gazette to publish his decisions.
President Milorad Dodik stated that it is evident that the Court and the Prosecutor’s Office protect foreigners while attacking domestic politicians.
Without the right to appeal, Sene Uzunović’s decision to reject the defense’s request for Christian Schmidt, a German citizen whose interventions in the BiH Criminal Code led to the farcical trial of the President of Republika Srpska and the acting director of the Official Gazette, to testify, is unprecedented. To shield him from uncomfortable questions, Uzunović referred to a letter from the Ministry of Foreign Affairs of BiH about Schmidt’s alleged immunity. The judge did not explain why she did not request such a document from the UN. We did not receive a video recording from the courtroom when this was mentioned.
“Neither did the defense have any knowledge of that letter, which is absolutely unacceptable. The issue of Christian Schmidt’s immunity is highly debatable here,” said Goran Bubić, the lawyer for President Milorad Dodik.
“She used that document in her formal court decision. This means we have material confirmation that there is some communication between the Court of BiH and certain extrajudicial elements. It is so shocking to me that I cannot believe the judge practically admitted it,” said Anto Nobilo, legal representative of Dodik’s defense.
Instead of prosecuting a foreign citizen who amended the BiH Criminal Code, the Court and the Prosecutor’s Office are punishing those who, in accordance with the constitution and law, do their job and oppose the foreign factor’s arbitrariness, stated the President of Republika Srpska after leaving the courtroom, where, as he said, a typical political process is being conducted against him and Miloš Lukić.
“Now you have a situation where a criminal complaint has been filed against me and a trial is being conducted because I do not respect the so-called High Representative. The whole problem lies in the fact that I have acted and signed as if there is no High Representative. However, they want to say a priori that he exists. This was an opportunity to show in court whether he exists or not, and once that is determined, my guilt can be proven,” emphasized President Milorad Dodik.
“Why can’t Christian Schmidt come to court, and why is everyone trying so hard to protect him? If he has the authority to make laws, let him come and explain,” said Goran Petronijević, legal advisor to Dodik’s defense.
The defense’s request to have Professor Michael Gestinger, who dealt with the Dayton Agreement and the rights of the High Representative, testify, was denied. Although the prosecution did not oppose, the request for Nenad Stevandić, the head of the National Assembly, to testify was not accepted either.
“Today, we witnessed a continuation of this legal paradox where this Prosecutor’s Office, evidently in the service of colonial administration, proves that we are guilty of respecting the law,” said Miloš Lukić, acting director of the Official Gazette of Republika Srpska.
Judge Sene Uzunović will later address the defense’s objections regarding the authenticity of the prosecution’s evidence related to correspondence between the OHR Legal Department and the Office of the President of Republika Srpska and the acting director of the Official Gazette. The evidence should be an OHR act certified in a notary’s office, signed by Zdenko Kišić, an OHR employee. Who Zdenko is, whether he has the authority to represent OHR, and how a notary can certify a photocopy are questions to which the prosecution had no answers.
“The notary, contrary to the law on notaries, performed something that constitutes a criminal offense. Namely, the notary certified a document in English, while the law on notaries states that this is not allowed. This is a gross violation of notary service,” emphasized Miljkan Pucar, lawyer for Miloš Lukić.
“This is definitely a politically staged process. It shows how foreigners or OHR manipulate domestic institutions and exert influence on them. The way the evidence proposed by the prosecution is treated, the role of the notary, and how certain documents are certified all confirm this. How we treat someone who is an unelected foreigner,” said Željka Cvijanović, Serbian member of the BiH Presidency.
Accepted as defense witnesses are Srebrenka Golić, President of the Council of Peoples, Jelena Pajić Baštinac, Secretary-General of the President, Dalibor Panić, and Boran Bosančić, Secretaries-General of the Government and the National Assembly, respectively. The trial continues on June 19 when the defense begins presenting its evidence.
Source: RTRS
