Članek
JUDGEMENT IN THE NAME OF THE PEOPLE
Objavljeno Oct 30, 2014
of:
 
I.
 
Ivan Janša of having committed a joint criminal act with Jože Zagožen, whereby Ivan Janša accepted a promise of reward on behalf of the other, and Jože Zagožen claimed and accepted a promise of reward on behalf of himself and the other party for the act of exercising their power and intervening in favour of an official act,
 
whereby, during preparations for the award procedure for the confidential contract no. MORS 407/2005-TRP 8×8 Wheeled Infantry Fighting Vehicles of the Ministry of Defence Republic of Slovenia (hereinafter: MoD) in the first half of 2005, Jože Zagožen, as a person with strong influence in the governing political party and as a trustee of Ivan Janša, was suggested by Rei
 
Niittynen, Head of Sales of Patria Vehicles Oy, responsible for the project in Slovenia, Hans Wolfgang Riedl, advisor of Patria Vehicles Oy appointed by the Austrian company RHG Riedl Handelsgesellschaft m.b.H in the matter of obtaining the contract for products for the MoD, and Walter Wolf, acting as a sub-agent of Hans Wolfgang Riedl appointed to gain political support in the Republic of Slovenia in the award procedure for the confidential contract and to gain the support of the MoD, that the Government should appoint and nominate a local representative of Patria Vehicles Oy and ensure political support and the support of the MoD in the award procedure for the confidential contract for the purchase of infantry fighting vehicles so that the company’s tender is selected as the most advantageous tender, as Patria Vehicles Oy was aware that a maximum of 40% of the decision on the selection of the most advantageous tender would be based on the technical qualities of the vehicle, whereas the remaining 60% would be based on political decisions, lobbying and the quality of the countertrade offer, and therefore also aware that the selection of the local representative was of key importance for its success, while Ivan Črnkovič, Director of Rotiš d.o.o., had already established contact with those responsible in Patria vehicles Oy, and Hans Wolfgang
 
Riedl had already prepared a document entitled “Dossier – Reference programme of armored vehicles equipped for the Slovenian Armed Forces” in cooperation with Rei Niittynen and delivered it through Walter Wolf to Jože Zagožen on 7 February 2005,
 
of which Ivan Janša, Prime Minister of the Republic of Slovenia and President of the Slovenian Democratic Party (SDS), was aware, as he, together with Jože Zagožen, monitored the preparations for the award procedure for the confidential contract for the purchase of 8×8 wheeled infantry fighting vehicles of the MoD, supervised it, and was advised that a local representative should be provided for the Finnish company Patria Vehicles Oy to represent it in the public award procedure for the confidential contract so that the company would be selected in the award procedure for the confidential contract as the most advantageous tenderer, and that it should also be ensured that the local representative has the support of the MoD in the further proceedings; however, fearing that this information would become known to the public, Ivan Janša, despite several invitations, refused to meet with Rei Niittynen or any other representative of Patria Vehicles Oy, but was kept informed of agreements reached between Jože Zagožen and Rei Niittynen and Hans Wolfgang Riedl at the
 
 
 
very least by Jože Zagožen, whereas Jože Zagožen, by himself or through Walter Wolf, informed Rei Niittynen and Hans Wolfgang Riedl of agreements reached with and instructions issued by Ivan
 
Janša:
 
– between 10 August 2005 and 22 August 2005, Jože Zagožen, at an undetermined location and using an undetermined method of communication, accepted from Rei Niittynen through Walter
 
Wolf and Hans Wolfgang Riedl, and Ivan Janša through Jože Zagožen, a promise of payment of a commission for the sale under the contract, Jože Zagožen at the very least for himself, and Ivan Janša for the SDS party, in the amount of a 4.2% commission for Walter Wolf as a special bonus, which was included in the 7.5% commission for the company RHG Riedl Handelsgesellschaft m.b.H. stipulated in Annex A to the Consulting Contract made between the companies Patria Vehicles Oy and RHG Riedl Handelsgesellschaft m.b.H, dated 6 September 2005, and charged on the basis of the sum of €161,900,000.00, although neither Jože Zagožen nor the SDS party were entitled to a commission for the sale under the contract between Patria and RHG;
 
the commission was promised and approved at the very least by Vice-President of Sales and Marketing Tuomas Korpi and Executive Director Heikki Hulkkonen of Patria Vehicles Oy, and Rei Niittynen, and it was promised because they were aware that even if they offered the best infantry fighting vehicle, they would not be successful in the award procedure for the confidential contract without the support of the governing party and a local representative supported by the governing party, and that Jože Zagožen, who was influential not only in politics as the director of HSE, a former Minister of the Economy, a member of SDS and a former member and president of the party’s authorities, but also, as the former Director of the Logistics Directorate of the MoD, influential at the MoD, as well as a colleague and friend of Ivan Janša, and Ivan Janša, as the Prime
 
Minister of the Republic of Slovenia, the president of the SDS party and a former Minister of Defence, and therefore an influential person, would advise the Finnish company Patria Vehicles Oy to appoint a local representative who would have the support of the governing party, or the Government of the Republic of Slovenia, in the award procedure for the confidential contract no. MORS-407/2005-TRP and would receive the Invitation to Tender for Contract no. MORS 407/2005-TRP, code no. 404-08-520/2005-31, influence those at the MoD who participated in the examination and evaluation of received tenders so that after the examination and evaluation of tenders their local representative would be selected as the most advantageous tenderer, influence those at the MoD who made decisions in the award procedure for the confidential contract, and ensure that the MoD concludes a contract for the supply of 8×8 wheeled infantry fighting vehicles with this local representative after the conclusion of the award procedure for the confidential contract, the award procedure for the confidential contract no. MORS 407/2005 – TRP 8×8 Wheeled Infantry Fighting Vehicles of the Ministry of Defence of the of the Republic of Slovenia being an official act pursuant to Article 42, Paragraph 2, of the Defence Act (Official Gazette of the Republic of Slovenia, No. 103/2004 – ZObr UPB1), read in conjunction with Article 2, Paragraph 4, of the Public Procurement Act (Official Gazette of the Republic of Slovenia, No. 36/2004 ZJN-1-UPB1) and in conjunction with the Act on the Provision of Funds for the Realization of Basic Development Programmes of the Defence Forces of the Republic of Slovenia in the Period between 1994–2007 (Official Gazette of the Republic of Slovenia, Nos. 13/94 and 42/00 – mandatory explanation and 97/01), and the Regulation on Armament, Military Equipment, Special Operational Technique and Orders of Confidential Nature (Official Gazette of the Republic of Slovenia Nos. 76/01, 19/2005 and 24/2005)
 
– on 22 August 2005, at an undetermined location and using an undetermined method of communication, Jože Zagožen, according to instructions issued by Ivan Janša, then requested of Rei Niittynen through Hans Wolfgang Riedl a 30% advance payment of the promised commission, and a contract which stipulated the advance payment, which Walter Wolf was to show to Jože Zagožen,
 
 
 
 
and after making these requests, at a meeting on 1 September 2005, held at the premises of the company HSE at Koprska ulica 72 in Ljubljana, which was “confidential” and which was attended, in addition to Hans Wolfgang Riedl and Rei Niittynen, by Ivan Črnkovič, Director of Rotiš d.o.o., and Anton Krkovič, Assistant Chief of the General Staff of the Slovenian Armed Forces, despite the fact that neither Jože Zagožen nor Anton Krkovič had any powers or authorisation with regard to the award procedure for the confidential contract of the MoD for the purchase of 8×8 wheeled infantry fighting vehicles, Jože Zagožen suggested the company Rotiš d.o.o. as the local representative and stated that the company AC-Intercar is the best partner of the company Viator & Vektor, which is a supporter of the previous government, and that the government of Ivan Janša gave rise to a new situation, which was confirmed by Krkovič and Črnkovič, who also stated that they were familiar with the technical advantages of Patria’s AMV and that, if Patria Vehicles Oy “did not intervene”, the requirements would be more consistent with the technical characteristics of the vehicle Pandur II, manufactured by the company Steyr-Daimler-Puch, and on an undetermined date after 8 September 2005, the decision for Rotiš d.o.o. to become the representative, or local industrial partner, of Patria Vehicles Oy, was approved by Prime Minister Ivan Janša, who had been fully acquainted with the agreements made and with the meeting of 1 September 2005 at the very least by Jože Zagožen,
 
and  when  it  was  definitively  decided  at  a  meeting  between  Korpi  and  Jože  Zagožen  on
 
12 December 2005 that the local representative of Patria Vehicles Oy was to be Rotiš d.o.o., and a contract was signed by Patria Vehicles Oy and RHG, the Logistics Directorate of the MoD sent, on 15 December 2005, a notice on the intention to carry out the award procedure for the confidential contract no. MORS 407/2005-TRP to eight potential tenderers, one of which was the Finnish company Patria Vehicles Oy, and after receiving the notice on the intention to carry out the award procedure for the confidential contract, the Invitation to Tender for Contract no. MORS-407/2005-TRP (code no. 404-08-520/2005-31) 8×8 Wheeled Infantry Fighting Vehicles, dated 12 January 2006, was accepted on behalf of Patria Vehicles Oy by Rotiš d.o.o. as the representative of Patria Vehicles Oy, and after the examination and evaluation of received tenders by the Expert Committee of the MoD on 29 May 2006, the company’s tender was selected as the most economically advantageous tender,
 
but as the award procedure for the confidential contract had not yet been concluded, of which Jože Zagožen and Ivan Janša, who monitored the award procedure for the confidential contract, were aware, as it was stipulated in Article 9 of the Decision on the Initiation of an Award Procedure for a Confidential Contract and the Appointment of an Expert Committee, code no. 404-08-520/2005-1, dated 20 October 2005, that after the issuance of the notice on the award, negotiations would be held with the successful tenderer and the contents of the contract would be defined, and as it was stipulated in Item 17.1 of the Invitation to Tender for the 8×8 Wheeled Infantry Fighting Vehicles of the MoD, code no. 404-08-520/2005-31, dated 12 January 2006, that the contracting authority – the MoD – reserved the right to the revocation, suspension or conclusion of the entire award procedure for the confidential contract or only a part of the contract by not awarding the contract at any time before the conclusion of the contract without any liability to the tenderer or tenderers and without any obligation to inform them of its reasons for doing so, and because Jože Zagožen did not receive, through Walter Wolf and Hans Wolfgang Riedl, and Hans Wolfgang Riedl from the representatives of the Finnish company Patria Vehicles Oy, a contract which stipulated the 30% advance payment of the promised commission which had been requested on 22 August 2005,
 
Jože Zagožen requested of Rei Niittynen through Walter Wolf, and he through Hans Wolfgang Riedl, at an undetermined location in Slovenia, on several occasions, namely on 1 July 2006, 6 July 2006, 11 July 2006, 17 July 2006 and 27 July 2006, to pay the 30% advance payment, and on 24 August 2006, Executive Director of Patria Vehicles Oy Heikki Hulkkonen, because the contract between the MoD and their representative, Rotiš d.o.o., had not yet been signed and the negotiations
 
 
 
had not yet concluded, agreed in writing to pay 30% of the commission within 30 days of the entry into force of the purchase contract between the MoD and their representative, Rotiš d.o.o.,
 
and on 2 February 2007, Patria Vehicles Oy paid the amount of €3,642,385.72 to the bank account of the company RHG Riedl Handelsgesellschaft m.b.H with Erste Bank Oesterreichischen Sparkasse AG, of which €2,323,276 were transferred to Walter Wolf’s personal account on 6 February 2007.
 
 
II.
 
Ivan Črnkovič of promising a reward to another in exchange for exercising their power and intervening in favour of an official act by:
 
immediately after the meeting on 1 September 2005 at HSE at Koprska 72 in Ljubljana, which was attended, in addition to himself, Rei Niittynen, Director of Sales of the Finnish company Patria Vehicles Oy, who was responsible for the project in Slovenia, and Hans Wolfgang Riedl, advisor of Patria Vehicles Oy appointed by the Austrian company RHG Riedl Handelsgesellschaft m.b.H in the matter of obtaining the contract for products for the MoD, by Jože Zagožm.ben and Anton Krkovič, neither Zagožen nor Krkovič having any powers or authorisation with regard to the award procedure for the confidential contract of the MoD for the purchase of 8×8 wheeled infantry fighting vehicles, at which Jože Zagožen suggested Ivan Črnkovič’s company Rotiš d.o.o. as the local industrial partner of Patria Vehicles Oy, and at which Ivan Črnkovič and Anton Krkovič told Riedl and Niittynen that if Patria “did not intervene”, the requirements would be more consistent with the technical characteristics of the vehicle Pandur II, manufactured by the company Steyr-Daimler-Puch,
 
promising on 3 September 2005 in Ljubljana to Jože Zagožen and Anton Krkovič and for the SDS party the payment of a share of the profit made by Rotiš d.o.o. by participating in the supply of 8×8 wheeled infantry fighting vehicles to the MoD as the representative of the Finnish company Patria Vehicles Oy, which would be calculated by deducting the costs and the 5% profit of Rotiš d.o.o., whereupon the remainder would be divided into “four equal parts between TK, JZ and Ivan + the party”, i.e. Anton (Tone) Krkovič, Jože Zagožen, Ivan Črnkovič and the SDS party,
 
despite the fact that Anton Krkovič, Jože Zagožen and the SDS party were not entitled to any share of the profit of Rotiš d.o.o., as the owners of said company were Ivan Črnkovič and Marija Badovinac Črnkovič;
 
the payment of a share of the profit was promised by Ivan Črnkovič to Jože Zagožen and Anton Krkovič and for the SDS party so that Jože Zagožen, who was influential not only in politics as the director of HSE, a former Minister of the Economy, a member of SDS and a former member and president of the party’s authorities, but also, as the former Director of the Logistics Directorate of the MoD, influential at the MoD, as well as a colleague and friend of Ivan Janša, and Ivan Janša, as the Prime Minister of the Republic of Slovenia, as the president of the SDS party and as a former
 
Minister of Defence also influential at the MoD, with whom it was “necessary to discuss the suggestion” for Rotiš d.o.o. to become the local representative of Patria Vehicles Oy, would continue to support his company, so that Rotiš d.o.o., as the local representative of Patria Vehicles
 
Oy, could receive the Invitation to Tender for Contract no. MORS-407/2005-TRP 8×8 Wheeled Infantry Fighting Vehicles, code no. 404-08-520/2005-31, influence those at the MoD who participated in the examination and evaluation of received tenders and others at the MoD who made decisions in the award procedure for the confidential contract so that after the examination and evaluation of tenders their local representative would be selected as the most advantageous tenderer, and so that the MoD would conclude a contract with Rotiš d.o.o. for the supply of 8×8 wheeled
 
 
 
infantry fighting vehicles with this local representative after the conclusion of the award procedure for the confidential contract, the award procedure for the confidential contract no. MORS 407/2005 TRP – 8×8 wheeled infantry fighting vehicles of the Ministry of Defence of the Republic of
 
Slovenia, as stated in Item I, paragraph 4, of the Judgment, being an official act;
 
Rotiš d.o.o. was appointed by Patria Vehicles Oy as its local representative in the award procedure for the confidential contract no. 407/2005-TRP 8×8 Wheeled Infantry Fighting Vehicles of the
 
MoD and received on 12 January 2006 an Invitation to Tender for Contract no. MORS-407/2005-TRP 8×8 Wheeled Infantry Fighting Vehicles, code no. 404-08-520/2005-31, and was then selected on 29 May 2006 as the most favourable tenderer and concluded a purchase contract for medium-weight 8×8 wheeled armored vehicles with the MoD on 19 December 2006 under no.: 001-06C, number I 4300-1118/2006-2-23645,
 
and Hans Wolfgang Riedl was informed on 13 April 2006 that “Patria was definitely the favourite of the evaluation team” and the Ministry of Defence, and that Patria was also politically favoured at the Ministry of Defence.
 
 
III.
 
Anton Krkovič of accepting a promise of reward for himself for the act of exercising his power and intervening in favour of an official act by:
 
being informed by Ivan Črnkovič on an undetermined date after 3 September 2005, at an undetermined location and in an undetermined manner, and thereby accepting the promise, that he would be paid a share of the profit made by Rotiš d.o.o. by participating in the supply of 8×8 wheeled infantry fighting vehicles to MoD as the representative of the Finnish company Patria
 
Vehicles Oy, which would be calculated by deducting the costs and the 5% profit of Rotiš d.o.o., whereupon the remainder would be divided into “four equal parts between TK, JZ and Ivan + the party”, i.e. Anton (Tone) Krkovič, Jože Zagožen, Ivan Črnkovič and the SDS party,
 
despite the fact that Anton Krkovič was not entitled to any share of the profit of Rotiš d.o.o., as the owners of said company were Ivan Črnkovič and Marija Badovinac Črnkovič;
 
Anton Krkovič accepted the promise of the payment of a share of the profit in exchange for ensuring, as Assistant Chief of the General Staff of the Slovenian Armed Forces and a friend of
 
Ivan Janša, with whom it was “necessary to discuss the suggestion” that Rotiš d.o.o. became the local representative of Patria Vehicles Oy, continuing to support Rotiš d.o.o., ensuring that Rotiš d.o.o., as the local representative of Patria Vehicles Oy, received an Invitation to Tender for Contract no. MORS-407/2005-TRP 8×8 Wheeled Infantry Fighting Vehicles, code no. 404-08-520/2005-31, influencing those at the MoD who participated in the examination and evaluation of received tenders, and others at the MoD who made decisions in the award procedure for the confidential contract, so that after the examination and evaluation of tenders Rotiš d.o.o., as the local representative of the Finnish company Patria Vehicles Oy, would be selected as the most advantageous tenderer, and so that the MoD would conclude a contract with Rotiš d.o.o. for the supply of 8×8 wheeled infantry fighting vehicles with Rotiš d.o.o. after the conclusion of the award procedure for the confidential contract, the award procedure for the confidential contract no. MORS 407/2005 TRP – 8×8 Wheeled Infantry Fighting Vehicles of the Ministry of Defence of the
 
Republic of Slovenia, as stated in Item I, paragraph 4, of the operative part of the Judgment, being an official act;
 
Rotiš d.o.o. was appointed by Patria Vehicles Oy as its local representative in the award procedure for the confidential contract no. 407/2005-TRP 8×8 Wheeled Infantry Fighting Vehicles of the
 
 
 
MoD and received on 12 January 2006 an Invitation to Tender for Contract no. MORS-407/2005-TRP 8×8 wheeled infantry fighting vehicles, code no. 404-08-520/2005-31, and was then selected on 29 May 2006 as the most favourable tenderer and concluded a purchase contract for medium-weight 8×8 wheeled armored vehicles with the MoD on 19 December 2006 under no.: 001-06C, number I 4300-1118/2006-2-23645,
 
and Hans Wolfgang Riedl was informed on 13 April 2006 that “Patria was definitely the favourite of the evaluation team” and the Ministry of Defence, and that Patria was also politically favoured at the Ministry of Defence.
 
 
In doing so:
 
- the accused Ivan Janša, by acting as described in Item I, committed the criminal offence of accepting gifts for illegal intervention pursuant to Article 269, paragraph 1, of the Penal Code, read in conjunction with Article 25 of the Penal Code, 
 
- the accused Ivan Črnkovič, by acting as described in Item II, committed the criminal offence of giving gifts for illegal intervention pursuant to Article 269a, paragraph 1, of the Penal Code, and 
 
- the accused Anton Krkovič, by acting as described in Item III, committed the criminal offence of accepting gifts for illegal intervention pursuant to Article 269, paragraph 1, of the Penal Code. 
 
Pursuant to Article 269 of the Penal Code, the accused IVAN JANŠA is hereby sentenced to
 
 
2 (two) years of imprisonment
 
and additionally imposed, pursuant to Article 38 of the Penal Code, a
 
fine of
 
€37,000.00 (thirty-seven thousand)
 
 
 
Pursuant to Article 269a of the Penal Code, the accused IVAN ČRNKOVIČ is hereby sentenced to
 
 
1 (one) year and 10 (ten) months of imprisonment
 
 
and additionally imposed, pursuant to Article 38 of the Penal Code, a
 
fine of
 
€37,000.00 (thirty-seven thousand)
 
Pursuant to Article 269 of the Penal Code, the accused ANTON KRKOVIČ is hereby sentenced to
 
1 (one) year and 10 (ten) months of imprisonment
 
and additionally imposed, pursuant to Article 38 of the Penal Code, a
 
 
 
fine of
 
€37,000.00 (thirty-seven thousand)
 
The additionally imposed fine must be paid by each of the accused within 3 (three) months. If the fines cannot be collected, each individual additionally imposed fine will be enforced by imposing one day of imprisonment for every €41.73 or part thereof.
 
 
 
Pursuant to Article 95, paragraph 1, of the Criminal Procedure Act, the accused are obligated to reimburse the costs of the criminal procedure under Article 92, paragraph 2, Items 1 to 5, which will be charged with a special decision, and the court fee, which will be charged after the finality of the judgment.
 
The judge reads the judgment and explains it. She advises the clients that an appeal can be filed against the judgment within 15 days of receiving a written copy of the judgment.
 
The judge advises the accused that they must inform the court of any address changes occurring prior to the finality of the proceedings.
 
Concluded at 1.15pm.
 
Recorder: Local Court Judge:
Rusmira Mehič Barbara Klajnšek
 
 
 
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Oct 30, 2014