The offensive judge judgment unjust?

Before the Ljubljana judge Zvjezdan Radonjić In 2020, due to suspension, he finally undressed black rigidly, he surprised both the professional and the lay public with quite a few (shocking) statements. They flew mostly to justice, gaining a lot of affection on the side of those who repeat the curvature of the heresies.

But he (also) put him in the prosecution for too long, as he was the supreme public prosecutor Blanka Žgajnar and then the district, and now the Senior Judge Andreja Sedej Grčar accused of criminal offenses of defamation and insult. In October last year, the Celje District Court affirmed this and sentenced him to $ 9,000 in fines.

Radonjic is after that after Milka Novic as accused of murder Janko Jamnik Forgive, claimed, as the indictment states, something untrue, which could harm the honor and good name of both the prosecutor and the judge, although he knew that what he claimed was not true.

He said « that he had spoken to him several times, at least once a week, ‘some judge’ (Andreja Sedej Grčarop. p.), who was interested in whether or not to forgive Novic. And that this judge was in connection with the prosecutor in this case Blanko Žgajnar. Among other things, he wrote about Sedej Grčar’s in 2019, when he ran for a senior judge, wrote to the judicial council and described it incompetent.

That he had an unusual way of running the hearing is also indicated by the fact that at the hearing against Novic, prosecutor Žgajnar said that he was rude to crawl with his tongue, and even sent it from the courtroom.

But it is the High Court when it deepened in the appeal of both Radonjic and his advocate France Matozaset aside the first -instance judgment for a significant violation of the criminal proceedings. Radonjic, who has repeatedly avoided the hearing with medical apologies and excuses for the medical condition, was brought to the temple on the basis of an order last year by police officers.

The Senate estimated that the trial was escaping. However, according to the senior judges, this maneuver was a mistake, as the Senate was aware of the opinion of the psychiatric profession (otherwise from another procedure that takes place against Radonjic in the Maribor court) that the accused was not able to accompany the trial at that period.

The court thus continued the proceedings, although the conditions were not fulfilled. The cancellation itself does not mean that the former judge has not crossed the border of legality, but it seems to have avoided at least part of the prosecution’s allegations, as they have already obsolete.

In the future, if the indictment becomes final, Radonjic will again sit on the bench. This time because of the allegation of anti -News, biased and unjust trial. He is accused by lawyer Miha Kunič, who in the case of Novic represented the injured party, Jamnik’s wife.

Zvjezdan Radonjić (left) suggested that they dismiss the matter. His advocate, Franci Matoz, does not expect this: « I think the Senate is not capable of such a step. » Photo Špela Kuralt

Attorney Kunič says that the decision of the High Court goes beyond the importance of a specific case. “At least since 1982, articles on the mental diseases of the judges and other members of the judiciary have been emerging due to the stress caused by this profession. Ignoring this problem can seriously undermine the trust of citizens in the judicial branch of power.

Namely, the mental diseases of the judges can lead to a violation of Article 6 of the Convention on Human Rights or to a dishonest trial, thus colliding with the right to the privacy of an individual judge and the right to a fair trial in a specific case. I estimate that someone who is otherwise employed and responsible may, of course, be unable to conduct serious court proceedings and at the end to impose a judgment.

The judgments of such sick judges can be not only biased but also mistaken, as they can include excessive subjective aspects and are not based on the correct assessment of evidence. Should be remembered that the accident he intentionally blamed Andreas Lubitz (In 2015, the Germanwings passenger aircraft deliberately crashed with psychic problems, killing 150 people, op. P.), shook the aviation industry and brought the necessary changes to ensure air traffic safety.

Therefore, if we want to take a step forward as a society, the protocol should be adopted when, based on the perceptions of a possible illness of the judge, he / she is sought for him and the protocol of detecting such diseases of the judges, as well as the protocol of preventive action so that they do not impose a judgment in such a state, of course, according to seriousness and nature.

Miha Kunič also adds that his client estimates that it is now clear why such conduct was a judge, and that it was a violation of the right to a fair trial and appropriate treatment of her as a victim of a cruel crime.