Case analysis, reports and campaigns in the field of ethics and compliance

Sarajevo Tower Key Witness of the Rigged Indictment

Sanin Bogunić, Sarajevo Kanton prosecutor

Korekt d.o.o.

14 December 2020

In the previous two tests, we analysed and proved that BAM 200,000, for which the KS Prosecution claims to be the bribe, and based on which they carried out the arrest of the Smart Invest’s management, is in fact the BAM 200,000 dept which the reporter falsely reported as bribe. The text can be found here:  https://etika.ba/en/sarajevo-tower-case-where-is-jukas-money.

We showed that the responsible bodies could have easily concluded that it was a false report through the analysis of the reporter’s statement, Elmedin Pinic, called Hodza, who gave the statement to the Federal Police Administration (FUP) on 10 June 2020. The whole text can be found here:  https://etika.ba/en/sarajevo-tower-where-is-jukas-money-part-2.

♦♦♦

Editor in chief of the portal www.etika.ba and journalist and editor of the portal, published a number of interviews / talks with the participating actors during the analysis of the case, with the aim to create full image on the status of business ethics and harmonisation on the “Sarajevo Tower” project.

At one moment, the editor in chief was contacted on phone by witness of the KS Prosecution in case “Tower”, Mr Jusuf Muhic (called Juka), director of MTH-ARI d.o.o. Sarajevo, requesting the meeting to present his findings.

Representatives of Etika.ba portal had spoken to Mr Jusuf Muhic on a number of occasions, when he reported that everything he had said in court was true, but had not said everything, because no one had asked him.  He told the representatives of the Etika.ba portal that he told the whole truth to the FUP inspector, Zoran Drasko, but the said had not been included in the minutes. On two occasions, he told the same to the prosecutor, Sanin Bogunic, but during the tiral preparation, the prosecutor told him not to talk about it.

Having in mind that the prosecutor Bogunic advised the witness not to say the whole truth at the hearing, we believe that the prosecutor was not dedicated to finding the truth, but that he makes an artificial construction and “pushes” the indictment not corresponding to the truth. Although the word we will use is a heavy one, but following what the said witness told to the representatives of Korekt d.o.o. and Etika.ba, we are imposed by a very strong conclusion that the indictment was rigged.

♦♦♦

In context of the new findings, the Etika.ba portal considered whether it would be of public interest to publish the findings on the portal immediately and to inform the responsible prosecution.  Having in mind that the findings were such to indicate existence of a rigged indictment, it had been decided that it was in the interest of the public to inform the head cantonal prosecutor, Ms Sabina Sarajlija, in order for her to take adequate and confidential measures to investigate the indications.  The decision was based on logics that an automatic publishing of the findings could possibly jeopardise the investigation, which would not be in the interest of the public.

Korekt d.o.o. submitted its findings to the protocol of the KS prosecution on 29 October 2020.

 

Considering the fact it has been 45 days since 29 October 2020 and until the day of publishing this text, and the head cantonal prosecutor, Ms Sabina Sarajlija, had not taken credible steps to investigate the findings submitted by the Etika.ba portal, the pendulum of the public interest has now shifted to the side of justifiability in publishing the findings in public.

The answer to where do the knowledge and conclusion come from about Ms Sabina Sarajlija not taking credible steps will be found in the next part of this series, on 21 December 2020.

To summarise. public interest of the Etika.ba portal is for the findings to be published open to the public.  Aiming to assist the KS Prosecution Office to carry out an efficient and confidential investigation, Etika.ba was unable to publish the findings publicly, but it submitted them to the head cantonal prosecutor Sabina Sarajlija.  After te Etika.ba, following the sufficient 45 days, concluded that the head cantonal prosecutor had not taken credible steps based on the submitted knowledge, by which creating suspicion into honesty of the intention to investigate the behaviour of prosecutor Bogunic, it is now in the public interest to publish the knowledge in order to reduce the prosecutors’ playground in avoiding legal responsibility in one way or another, to act in such situations.

These are the reasons why we believe the KS Prosecution should react if they have knowledge that the prosecutor is consciously “pushing” the untruthful indictment with elements of installation, because this brings in question the respect of the KS Prosecution Office as an institution.

♦♦♦

Description of New Findings:

Statements related to the phase when the witness, Jusuf Muhic, called Juka, let the façade job to Elmedin Pinjic, called Hodza, (author’s note: Hodza submitted the report to the FPA and he is the key witness of the prosecutor Bogunic):

Juka: I told him: “Hodza, I am sending the letter”, he says: “Send it”. I sent it to Ans, Smart Invest, I have witnesses, Zjaja and others, when he was sitting in the office and he said: “I wil give you 200 thousand”.

Journalist: Who is the witness, Zjaja and?

Juka: There is Zjaja, the one who did windows with me, Kemo (author’s note: Kemal Kapidzic), my cooperants… I had not known for Hodza’s last intentions.

Juka: To Zjajo (author’s note: Bahrudin Zajo, director and owner of the Percon d.o.o.) I crammed Hodza to him; he was sceptic about Hodza, and I thought it would work…

Juka: When it stopped and when the bank guarantee was at their neck, then they said let’s do it and when the chaos started, interruption, they went on with the claims, this and that, to get him out and then for them to go on further, you know how it all went. Then they said that they would put this one in prison… It was a hell of a plan, probably it was like that, and we will, without a co-financing, take a loan of 15 million what we need to complete the project, because there is 70% done…

Journalist: They are asking about the bank guarantee?

Juka: Why does Hodza at that moment come for me to the office three or four times? Hey, hey, hey, come on, listen, see, they took the bank guarantee, they want to close me, I said I was giving up the contract (author’s note: Hodza said), I do not need it. I still don’t know what is the mess they are in, some shit (author’s note: Juka speaking). I am still thinking they will pay me for the works, someone will pay, be it one or the other, as they would say. When he said he did not know what do to, where to go, what will happen, give me (author’s note: Hodza’s speaking) Nothing was clear to me (author’s note: Juka speaking).

Journalist: What was he saying, give me?

Juka: Go, take it, give the papers, then Asmir calls, where is the paper, where is is that. They made a hell of a plan… And when they made a plan, then let’s go, give me the paper, and in the meantime, they, several times, where were the papers, where are the papers, the file, and I said it at the court and I went and took the file. Give it, where is it where it says Sedin, he says, if we now get the 200,000 on to him, you know, criminal charges, and we give him another 200,000 you know, bribe, we get him, put him in jail, take over the project and fuck of, and then they will rule the situation.

Juka: Because, the phones are then ringing, I know that it is a later brain, fuck it all after that, and he give me, give me, I will put them in prison, you will get your money.

Journalist: Who said?

Juka: Hodza said. On my D…, on my D… I swear. Hodza, to told me I would get the money in three days after we sue them.

Journalist: From whom?

Juka: From Elvedin. Get it from Smart Invest, from Panamera as soon as I go to the Ministry of Interior, they will accept and give you double money, just for you to reject the charges, because tehy are criminally, they will criminally, I, he says, am carrying the money.

Juka: There wasn’t: “Come on sign”. Hodza told me: “As soon as the advance comes through, I will give you 200,000 no problem”, because, why would I, you know, it is a million, and people are talking about 700 and something, but it was 900 and some thousand with VAT. And he says: “Ok”, he says”, well, you send to me, I sent to his wife on email and this tap tap tap.

Juka: Objectively, I had not expected 200,000 from Hodza, I am not interested in Hodza. I did, to him, well, now, there would be talks, there is, like, this was more that he would give me a treat, for, you know, fuck it, I gave him the job, and he says, fuck the 200,000.

Journalist: And if he had treated you, everything would be fine?

Juka: No, it would not, I would still sue.

Journalist: And then, another two hundred and two hundred?

Juka: Where does it say that he gave me the treat?

Juka (statement in FPA, given to inspector Zoran Draško): He says, when we all statements, so, Hodza is not clean, either… exactly, around the 200,000, like, he was familiar with it.

Journalist: Why did he ask you if Hodza was clean?

Juka: He was not asking, but he said: “So, Hodza’s was not all clean, was it?”

Journalist: Based on what he concluded that?

Juka: Well, based on my statement, for reporting them in the Federal Ministry of Interior, that is how the negotiation procedure when, the way Hodza took the work, and he said go, I would give, how do you know all mine.

Journalist: Wait, did it enter the report?

Juka: It went into the report, it did not go into the report that Hodza was not clean, but he, like, between us, said: “So, Hodza was not really clean”.

Journalist: You did not tell the court the whole truth?

Juka: What truth? I told everything.

Journalist: You said I don’t know if Hodza took it or not?

Juka: Well, I don’t know, I know he took, but why do I have to know that?

Journalist: Well, I am saying, you have not told the whole truth?

Juka: I could tell the truth. I wanted to tell Mahmutovic the truth, I could have told him the truth, that Hodza was carrying the money, what do I have from that? How will I prove that? Hodza carries the money in the pocket, saying I am going to report them, I will plant it on them, he told him we will imprison them and you will get your money in three days. Whom in court, give the evidence. What will the court without facts, and he was 10 times at my place, I have it in the envelope, here, I swear on God, on my D…, when I said it, he jumped from behind the table and left: “You are lying, lying, his, mine half-half, fifty-fifty, I say yes, he says no, who is right, the court does not accept”. Once, a long time ago, a man did something for me in the 80s, in Korcula…

Journalist: He said: “I don’t know about Juka and about 200 thousand, I don’t know anything?”

Juka: He knew that, and He knew and Asmir, too, they all knew it… That was the agreement, I gave up on the work, he comes in.

Journalist: Boguncic does not want to hear your story?

Juka: he did not want it. I went there, there is nothing to tell you, I went to see Bogunic in the summer, let’s say July, I guess the month, end of June or July, I don’t know, when they had already been put in prison… I started and my Haris, son, he disgusted it all for me.  We went up there, he came, we sat down about 3 or 4 in the afternoon, he perhaps left work, or it was around the end of the work.

Juka asked Bogunic: Can I get what he told me, Hodza?

Bogunic: No way, there is nothing.

Journalist: What, “Hodza told me I will get 200,000”?

Juka: Yes, when we put them, this and that, you will get 200,000 from them.

Bogunic: I don’t have anything with that, it takes its path.

Juka: Something, in those lines, I don’t know, five minutes, I just saw he was washing his hands from it all. I thought the prosecutor came, he would pressure them, give the man the money so he can give up, because I went along to either give up my statement and claim, and you give me my 200 thousand.

Bogunic: None of that.

Journalist: When did Begunic prepare you to give a statement?

Juka: He said: “You remember well”, what will I remember is like that, what will I remember point by point, goes by what I said to the Minsitry of Interior, so it was and so it will be in five years, there is nothing that I can imagine, whether it was or not. To be fair, I did ask if I needed to involve (author’s note: Juka speaking), no, don’t involve Hodza, this is none of your interest (author’s note: Bogunic speaking after Juka’s statement).

Journalist: What whether to be involved?

Juka: Hodza, I was saying that Hodza this and that…

Bogunic: No, no, none of that, you care about what happened later. You came to there, only for this statement for us to move (author’s note: Bogunic speaking), this what I said in the Ministry of Interior (author’s note: Juka speaking).

Juka: And what about Hodza, where is he, do I need him, for he later said that he will this and that, to take the money down in that, because I had not said that, it is not in the statement you know.

Bogunic: No, this is none of your interest, he says.

♦♦♦

CONCLUSION:

  1. a)FUP’s inspector, Zoran Drasko, had a knowledge during the investigation that the informant, Elmedin Pinjic, called Hodza, falsely turns the debt of BAM 200,000 into a story of bribe in the amount of BAM 200,000, and had not included this knowledge into the interrogation report of the witness, nor had he prepared an official note about it;
  2. b)Prosecutor Sanin Bogunic had a knowledge that the informant, Elmedin Pinjic, called Hodza, talks around about going to plant the BAM 200,000, about the arrest, putting in prison, taking over the project, Juka collecting his BAM 200,000, when the TK Prosecution puts Elvedin (Smart Invest’s director) in prison, and then regardless of the knowledge carried on with the procedure resulting in rigged indictment. ;
  3. c) Prosecutor Sanin Bogunic instructed the witness not to say the whole truth, which in the context of this indictment means the instruction to tell the lie, because the left out part of the truth hides the fact that the KS Prosecution is acting based on a false criminal report, which consequently results in existence of rigged indictment;
  4. d) Jusuf Muhic, called Juka, although accepting to cooperate with Elmedin Pinjic Hodza, the reporter of the false claims on one side, because at one moment he went to the FUP believing that he would receive his BAM 200,000 after the report, which is questionable, has still protected himself on the other side, by telling the whole truth to the inspector Zoran Drasko and prosecutor Sanin Bogunic. Jusuf Muhic, as a plain citizen, is not responsible for the actions of hte inspector and prosecutor; he did his civic duty when he presented the truth to them, and he is not responsible for the official “detour” of the truth by the prosecutor and inspector; therefore, there is no Juka’s responsibility in the process of submitting a false criminal report by Hodza and later rigged indictment by the prosecutor;

♦♦♦

To be continued…

In the sequel on 21 December 2020 we will inform the public on the knowledge what did the head cantonal prosecutor Sabina Sarajlija do in relation to the existence of rigged indictment; she was timely informed by Korekt d.o.o. on its findings.  Additionally, we will publish the analysis of the fitted elements from the indictment by the prosecutor Sanin Bogunic.

In the next text, on 28 December 2020, we will publish the sequel of the text ‘Sarajevo Tower: Using Tricks against Sarajevo Judge Ivana Krizelj”, and will reveal and analyse how did the president of the Sarajevo Court react to the findings that the ANS Drive attempted to remove the judge Krzelj from the case through artificial fabrication of conflict of interest, by submitting a claim against the acting judge.

Related posts

Share this post

Facebook
Twitter
LinkedIn

Highlighted cases

News

About us

Etika.ba is a portal intended for the professional public that is interested in higher standards of ethics and compliance with regulations in the business sector, systematic and objective monitoring of judicial, administrative and other proceedings in order to ensure fair and equitable treatment of all actors in the BiH market. We bring to the public space analysis of specific cases with a special focus on compliance with ethical standards in the performance of public duty, thus contributing to the fulfillment of the mission of Etika.ba

Copyright ©2021 Etika.ba ® Sva prava zadržana.