Attorney Miljkan Pucar stated in his closing argument that the Prosecutor’s Office of Bosnia and Herzegovina was obligated to prove the legitimacy of Christian Schmidt, which was challenged by the defense of Republika Srpska President Milorad Dodik and the acting director of Official Gazettek, Miloš Lukić, emphasizing that Bosnia and Herzegovina is a UN member state and cannot have a guardian.
Pucar requested an acquittal in the trial against his client, Miloš Lukić, acting director of Official Gazette Republike Srpske, and Republika Srpska President Milorad Dodik, arguing that the indictment was unfounded.
“I was shocked when I read that the Prosecution was working under the instructions of the OHR. This is deeply troubling,” Pucar emphasized.
In his closing argument in the trial of Dodik and Lukić before the Court of BiH, Pucar stated that this case is the most complex in the history of Bosnia and Herzegovina and that Judge Sena Uzunović was handed a “hot potato,” as the verdict must address numerous legal issues.
Pucar stressed that in its indictment against Dodik and Lukić, the Prosecutor’s Office was required to consider evidence both for and against the accused and to respect the Constitution of Bosnia and Herzegovina.
He recalled the testimony of prosecution witness Milka Devušić, who previously headed Official Gazette before Lukić, and whose testimony the Prosecution dismissed today as biased.
“She told the truth, but they didn’t like that truth, so they labeled her as biased,” Pucar stated.
Referring to page 31 of the Prosecution’s final argument, where it is alleged that Lukić signed a document, Pucar asserted that he would prove this claim to be false.
He also pointed to the unanimous stance of legal experts from Republika Srpska that this trial should never have taken place.
“What we have been taught is that the Constitution and laws must be respected,” Pucar emphasized.
He further noted that when the defense challenged Christian Schmidt’s legitimacy, the Prosecutor’s Office failed to present any official document to counter this claim.
“By not presenting any evidence, they equate Christian Schmidt with the Japanese emperor before 1947, portraying him as if he were a deity,” Pucar stated.
According to him, the Prosecution was legally obliged to prove who appointed Schmidt.
“No one has seen the Bonn conclusions or the conclusions of a group of countries that are not even part of the Dayton Peace Agreement,” Pucar noted, questioning the legal role of the OHR in Bosnia and Herzegovina’s system.
Lukić’s defense attorney emphasized that the Prosecutor’s Office repeatedly relied on so-called ‘generally known facts’ that have no legal basis.
“There is a provision under The Hague rules that allows the defense and the prosecution to agree on undisputed facts. However, since the defense challenged Christian Schmidt’s legitimacy, the Prosecution was obligated to prove it,” Pucar concluded.
Stating that Bosnia and Herzegovina, as a UN member state, cannot have a guardian, Pucar underscored the importance of distinguishing between constitutional and legal authority.
He further argued that even under Annex 10 of the Dayton Peace Agreement, it is clear that the indictment against Dodik and Lukić is baseless.
With Pucar’s closing argument, today’s hearing at the Court of BiH concluded.
Source: RTRS
