News in English     | 19.03.2021. 17:27 |

Đenan Salčin witness in "Ventilators" case

FENA Hana Imamović

SARAJEVO, March 19 (FENA) - Former acting director of the BiH Public Procurement Agency, Đenan Salčin, testified at the trial of the Prime Minister of the Federation of Bosnia and Herzegovina, Fadil Novalić, and others accused of violating the law in procuring 100 respirators.

He explained that the contracting authority in the public procurement process can be any body that spends public money, and then the BiH Public Procurement Law applies, and that at the beginning of the Covid-19 coronavirus pandemic, it received invitations for consultations on exemptions from that law.

He underlined that in March 2020 there was panic and ignorance and everyone was afraid of the Italian scenario, but he was at the meeting on March 16, 2020, which was attended, among others, by ministers in the Federation Government, cantonal prime ministers and directors of clinical centers. He said the Public Procurement Act does not need to be amended to procure medical equipment urgently.

According to Salčin, medical equipment was discussed at the meeting in general, because hospital directors and those who were most affected by the conditions said that they did not have enough material to fight the virus, from protective masks, gloves, disinfectants, but also respirators.

When asked by prosecutor Mirza Hukeljic, Salčin confirmed that the law does not prevent anyone from procuring anything in a matter of days, or even hours, explaining that there are two methods for an accelerated public procurement process, through a negotiated procedure without publication and exemption from the law.

It can be used in a situation of extreme urgency, he added, and then in cross-examination he emphasized that he agreed that the coronavirus pandemic required urgency.

He says that after that meeting, he talked with the chairman of the Council of Ministers of BiH, Zoran Tegeltija, when it was clarified that there is no need for suspension or amendment of the Law and that everything can be obtained immediately, and the suspension would cause chaos in the procurement process

A statement was issued explaining this, which was sent through the electronic public procurement system and received by about 3,500 contracting authorities and 13,000 bidders in BiH, and the Federal Civil Protection Administration (FUCZ) is one of the contracting authorities.

He also said that a statement was issued warning all entities in the public procurement process not to abuse Article 10 of the Law, which overlooks exemptions.

The defense attorney of Prime Minister Novalić, Vasvija Vidović, asked Salčin whether it was clear after that meeting on March 16 last year that the clinical centers demanded an urgent reaction from the Federal Government for the procurement of medical equipment due to the global situation, which he confirmed.

Vidović reminded the attending parties of the urgency of the situation, including the decisions on closing the borders and the decisions that meant the introduction of restrictions in the export of medical equipment, and Salčin said that he was aware of that and that they were contacted by bidders from BiH.

During the cross-examination of the defense attorney Kadrija Kolić of the suspended director of the Federal Civil Protection Administration, Fahrudin Solak whether someone asked for the suspension or amendment of the Public Procurement Law at that meeting on March 16, 2020, Salčin said that no one asked for it then.

Kolić asked for the audio recording from the disputed session to be released in order to, he says, prove that the witness then advised the contracting authorities to behave differently than he claimed today.

However, the audio recording shows Salčin saying that it is not necessary to change the Law according to the Council of Ministers, which cannot be changed.

He then announced that clear instructions would be sent to all contracting authorities on that, and he said that they referred to Article 10, which prescribes security measures for the category when procurement is exempted from the Law, and that for him this issue is a matter of security for BiH citizens.

Trial Chamber Chairwoman Džemila Begović said that the audio recording was identical to what witness Salčin said in court today, but Kolić pointed out that at the session Salčin did not refer to Article 21, but only Article 10, claiming that the witness was not relevant because he did not tell the truth.

The trial is over with cross-examination for today, and the continuation is announced for March 23 at 09.00 am when the Prosecution plans to examine two more witnesses.

In addition to Novalić and Solak, the accused are the owner of the company "Srebrena malina", Fikret Hodžić, the company that imported the disputed respirators for the needs of FUCZ, and the federal deputy prime minister and Minister of Finance, Jelka Milićević.

Novalić, Solak and Hodžić are charged with conspiracy to commit criminal offenses in connection with acts of abuse of position or authority, receiving a reward or other form of benefit for trading in influence.

They are also charged with money laundering, falsification or destruction of business or trade books or documents, falsification of official documents and violation of the obligation to keep trade or business books and compile financial statements and their falsification or destruction.

Minister Milićević is accused of negligent work in the service.

(FENA) L. N.

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