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Preliminary hearing in case of infected babies: Defense considers forensic findings biased

 

Attorney Vladan Djuranovic, who with counterpart Nikola Strugar represents Dr Zvonko Puletić, said the preliminary hearing will be used to present new evidence and consider the old.

“We have new evidence and we also pointed out to the flaws in expertise of the Forensic Medical Board from Belgrade”, he said explaining the defendants do not agree with the expert testimony from Belgrade because of the lack of certain “specialties”. Djuranovic said the team which conducted forensic examination did not include an infectious diseases expert, microbiologist or a virologist.

“The finding from Belgrade is biased, but also incomplete, because these professionals were not consulted, as evident from the signatures in the report. In view of the pronounced bias in this finding, we ask that these persons or institutions not be taken into account for the trial. We believe that only aforementioned professionals should give their opinion on the matter, given that this is a criminal offense related to inter-hospital infection. These are the professionals who need to answer those questions, not the medical board from Belgrade”, said Djuranovic.

He pointed out that defense underlined before the Court certain circumstances, like the one that any gynecologist in Montenegro is more relevant to answer on things in question here.

“Also we had objections to certain deficiencies in the pathology findings. We also urge that the proceedings against four doctors be held without pressure, so that we can responsibly determine whether the accused are indeed criminally responsible”, said Đuranović. 

 

Attorney Kasim Dizdarevic, who represents Jela Cimbaljević, said the preliminary hearing also scheduled the further dynamics and trial plan.

“As far as my client is concerned, I proposed new evidence to establish the facts that are necessary for the proper and lawful adjudication. These are the facts and evidence relating to her conduct in the present case, so we can legally shed light to the full extent. This is to establish all the facts needed for proper, informed decision-making”, said Dizdarevic.

Parents of infected babies, together with their attorney lawyer Hamid Ganjola, attended the hearing and on the way out of the courtroom, said they are not allowed to comment on the case yet.

The father of the deceased baby, Slavisa Knežević, briefly commented that the defense of the accused submitted new evidence and new expertise, and the father of one of the infected babies, Predrag Karisik, added he expects everything to be done in a lawful way.

 

“We intend to go to Basic State Prosecutor’s Office to see the progress of criminal charges we filed against the acting director of the General Hospital, Dr. Biserka Bulatovic. We accused her of having committed the criminal offense of abuse of authority and violation of the provisions of the Labour Act, because after indictment against these four doctors, she did nothing to suspend them, and they continued working”, said Karišik.

The doctors are being charged with committing a crime – serious offenses against human health in relation to a criminal offense failure to act by health regulations for combating dangerous infectious diseases, which carries a prison sentence of two to 12 years.

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