(Podgorica, 05 may 2013.)The latest statements by representatives of “Montenegro Lottery” and “Jack Pot” in the case they’ve launched against Daily Press and the NGO MANS, demonstrate that they wish to avoid at any cost the court’s call to hold a hearing with Branislav Micunovic.
In their attempt to justify Micunovic’s refusal to respond to the court summons, lawyer Vladan S. Bojic in the new submission is now claiming without any basis that as the legal representative of Jack Pot, Micunovic is not obliged to respond to such a summons. However, according to the entry in the Central Register of the Economic Court in Podgorica, which Bojic himself submitted to the court, the legal representative of the company is Sava Grbovic (who was also summoned by the court). Micunovic was summoned by the court to act as a witness in this case.
Furthermore, Bojic also admits that “legal entities are legally abstract categories, that they lack the possibility of legally articulating material damages and that they lack a psyche.” Nevertheless, even this ‘advance’ is motivated exclusively with the attempt to avoid a hearing with Micunovic. Bojovic has characterized the attempt to summon Micunovic as a desire for creating a sensationalistic atmosphere, claiming that Micunovic isn’t a party in this case. However, Bojic ‘forgets’ that this hasn’t prevented him from claiming before the courts that Micunovic’s rights were violated by MANS.
For this reason, Bojic still has to explain what exactly is sensationalistic in the demand that the ‘injured’ Micunovic be heard as a witness just as any other citizen summoned by the courts in Montenegro. It is unacceptable to frame a court’s summons as sensationalistic, particularly a plaintiff, as Bojic is trying to do with Micunovic.
In an another submission before the court (18.10.2012), Bojic claimed that Muconivic, Grbovic and members of their families were injured by MANS and that legal institutions in montenegro were powerless to protect them. Bojic thus clearly indicated that a hearing with Micunovic would be significant for the case against MANS.
Such allegations are serious. Bojic is aware that such claims need to be verified during the trial through hearings with the allegedly injured parties, as well as bringing forward other evidence that the lawyers have to prove in this case. This is why MANS insists that these individuals be heard, in order to determine whether or not MANS was dealing in matters of the public interests or if its activities are aimed at personal attacks (as claimed by Bojic).
Furthermore, on the basis of claims regarding the ‘injury’ caused to Micunovic and the inability of Montenegro’s courts to protect him from MANS, Bojic has filed a claim for €5,000 on behalf of the Montenegro Lottery and Jack Pot. This is why it is important to verify these claims through the courts.
The implicit suggestion by Bojic that Micunovic won’t respond to the court’s summons represents disrespect for the courts. Similarly, if such a claim is carried out, MANS expects that the court will sanction such behaviour, in order to protect its reputation and secure its unobstructed functioning. Anything short of sanctions would mean that the legal system in Montenegro would have demonstrated its lack of competence, but not because it is unable to protect Micunovic from MANS, but because it would demonstrate that Micunovic is in fact above the law.
The next hearing in this case is on 13 May 2013, when the courts have to consider the evidence that was submitted during the preparatory hearing. MANS will continue to insist on respect for the law and the functioning of the legal order in Montenegro, regardless of how ‘sensationalistic’ respect for the law may appear to others.
