Bonum Certa Men Certa

English Translation of Ruling Against Željko Topić (EPO VP) in Croatian Court

Judge Marijan Bertalanič Judge Marijan Bertalanič, photo from vecernji.hr



Summary: A look what what statements about EPO Vice-President Topić are deemed appropriate and true, as judged by a Croatian court

A WEEK AFTER Željko Topić had lost his case in his home country, Croatia, we finally got a translation of the ruling. Here it is in English, with formatting added in lieu with the original:



REPUBLIC OF CROATIA Municipal Criminal Court in Zagreb Ilica - Selska, Ilica 207

File ref. no.: 7. K-26/11



MINUTES of the public pronouncement of the verdict of 28 January 2015

Present for the Court: Marijan Bertalanić (Presiding Judge - Judge)

(Members of Judicial Panel) Jasminka Popović (Registrar)

Criminal case: Plaintiff: private prosecutor Željko Topić Defendant: Vesna Stilin For the crime from the Article 200/2 and other of the Criminal Code

It has established that the following parties have been present: 1. Plaintiff: private prosecutor – no one, legal representative of the Party, attorney-at-law Tina ÄŒovo 2. Damaged party: 3. Defendant: no one, legal representative of the Party, attorney-at-law Zoran Životić 4. Witness: 5. Expert witness:

It has been established that neither the private plaintiff nor the defendant, who have been duly summoned, have attended today's hearing on the occasion of the public pronouncement of the Court’s decision

Pursuant to Article 356 para. 3 of the Criminal Procedure Code, this hearing for the purposes of the public pronouncement of the Court’s decision will be held in the absence of duly invited private plaintiff and the defendant.

The judge announces

IN THE NAME OF THE REPUBLIC OF CROATIA THIS JUDGEMENT



The defendant STILIN Vesna, the daughter of Milan and Ruzica born Bekavac, born on April 21, 1954 in Zagreb, Zagreb, Biokovske stube 4, a citizen of the Republic of Croatia, holder of a diploma in law [LL.B.], married, with no children and no criminal record, is

ACQUITTED OF THE CHARGES



That she, as follows:

1. On 22 November 2010 in the letter sent to the Croatian Government, the Prime Minister Jadranka Kosor, which was also sent to the Croatian Parliament (deputy Bianca Matković) for information, as well as to the Minister of Economy, Labour and Entrepreneurship, the Minister of Science, Education and Sports, the Minister of Administration, the Minister of Foreign Affairs and European Integration, the Minister of Culture and the Minister of Finance and Miljenko Pavlaković in HEP, in order to harm the reputation and honor of the private plaintiff by making false statements about him, among other things, stated:

- "Due to the manner in which Topić ignored the aforementioned problems, the writers have suffered financial damage because they should have been receiving compensation for the lending of their books in public libraries for at least the past two years."

- "Željko Topić bought his second term as the Director of the State Intellectual Property Office by paying approximately 500,000.00 HRK to the Ministry of Education and Sports (MZOS) during the period of over two years (from May 2007, when the agreement in question was signed, until July 2009, when Primorac left the Ministry), which I also mention, among other things, in the Constitutional complaint no.: U-III 5023/08, which is still sub judice, and where I have challenged Topic's appointment as the Director ... ..... in fact, I also submitted my nomination for the position of the director of the Office after this person, at the end of 2007, secretly ... abolished my department [of the State Intellectual Property Office] ... "

- "Topic’s decisions concerning procedures relating to PLR, which have caused the writers to suffer financial damage and which led to a serious violation of my right to work, at the same time meet the criteria of the criminal offence of “abuse of position and authority" and "negligent performance of duty" ... "

- That the financial resources of SIPO were used to pay for "the SIPO fleet of six luxury cars, including the supervision of the MZOS, and that he allowed himself to use, in addition to the Audi 6, also a new luxury E-class Mercedes which was hidden among the shelves in the archives in order to cover up the squandering of funds from the state budget."

- "Topić himself has for years provided falsified information about the number of officials working in my department (he claimed that there were twice as many officials working there compared to the actual count) to the Ministry of Administration which forwarded the received information to the Government of the Republic of Croatia"

- "... Because of Topić’s lies and incompetence, which he compensated for by bribery, and due to the lack of supervision, I am obliged to conduct this disgracefully long-drawn out procedure …"

- ".... That for years I have worked overtime managing the previously mentioned department and that I have never, unlike Topić and others, neither received nor asked for any financial compensation"

- "From the perspective of criminal law, Topić’s actions in this case meet the criteria of criminal offences: negligent performance of duty, abuse of office, abuse in performance of duties, discrimination, violation of the right to work and other labor rights and corruption ... "

- "If the supervisory bodies had conducted the due administrative control of the Office, i.e. of Mr. Topić, and criminally prosecuted him, he would have been dismissed from his position at the beginning of 2008. The announced reconstruction of the Government should also have entailed the dismissal of Mr. Topić, as the disclosure of this information in public would certainly harm the Government."

all of which affected the honor and reputation of the private plaintiff,

that is, in the described manner, she made a false claim which could damage the honor of the other person as the defamation became accessible to a large number of persons,

2. On 22 November 2010 in the letter sent to the Croatian Government, the Prime Minister Jadranka Kosor, which was also sent to the Croatian Parliament (deputy Bianca Matković) for information, as well as to the Minister of Economy, Labour and Entrepreneurship, the Minister of Science, Education and Sports, the Minister of Administration, the Minister of Foreign Affairs and European Integration, the Minister of Culture and the Minister of Finance and Miljenko Pavlaković in HEP, in order to belittle and insult the private plaintiff, among other things she stated:

- "In the last conversation with Topić (April 2008) in response to my inquiry about what was going to happen with the PLR (due to my dismissal), Topic answered that it was my personal thing. It simply cannot be my personal thing and such a reaction is completely incompetent, which should not come as a surprise, as the person in question completed his education in another country (economist from Bosnia) and has never passed the professional state exam in Croatia",

which offended the private plaintiff,

that is, she offended the other person as described above due to the insult becoming accessible to a large number of persons,

and therefore, by acting in the previously described manner, she committed the crime against honor and reputation – by defamation - defined and punishable under Article 200 paragraph 2 of the CC 97, and partly under item 2 the criminal offense against honor and reputation - an insult - described and punishable under Article 199 paragraph 2 of the CC/97, all with the application of Article 60, paragraph 1 of the CC/97.

Pursuant to Article 143 paragraph 3 of the CPA/08 the private plaintiff is obliged to reimburse the costs of criminal proceedings from the Article 145 paragraph 2 points 1-6 of the CPA/08, all necessary expenses of the defendant and all the necessary expenses and the award of Defendant’s attorney.

The verdict was read in public and briefly explained verbally and the parties were informed of their right to appeal and the response to the appeal.

Completed at 10.50 hours.

Judge:

Registrar:



What's in italics above is most interesting because it shows what the Court deemed (and ruled) not defamatory. Hence, it is likely to be very accurate and it shows how corrupt Topić can get.

There is also a PDF with formatting [PDF].

Thanks to our Techrights contributors who translated the original text.

Recent Techrights' Posts

Slop Videos Are Disappointing Garbage, Nothing New, Just Brute Force up on Display or a Pedestal of Slop
Slop videos aren't a new thing
Slopwatch: Linux Journal, Linuxsecurity, and Google News Getting Even Worse (More Slopfarms Added Which Attack Linux With Bruce-Force SPAM)
Google News is part of the same problem
GNU/Linux is Replacing Microsoft Windows. But We Need to Eradicate Microsoft, It's a Hub of Crime.
I have been writing about Microsoft since the 1990s when I was in school
Microsoft Staff Harassing Women, Strangling Women, Telling Women to Kill Themselves and Worse? Not a Problem!
Two women have left Brett Wilson LLP
 
Crime and Corruption at Microsoft GitHub Cannot be Covered Up by SLAPPs in Another Continent
We'll write about this for a long time to come
Weeks After Microsoft Bankruptcy in Russia the Company Shuts Down in Pakistan, Too
Last month Windows' share in Pakistan fell to an all-time low
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 03, 2025
IRC logs for Thursday, July 03, 2025
The War on Local Storage (People Hosting Their Files Locally and Privately)
There's nothing wrong with controlling one's computing
What Digital Independence Means
Independence in the digital realms means abandoning platforms like GitHub, not just rejecting proprietary software
NVidia is a Bubble
they temporarily see fortunes and wrongly assume perpetuity thereof
Fedora Does Not Care About Diversity and Inclusion, It's About Optics (Corporate Image)
any notion of inclusion is superficial and misleading
Don't Buy the Excuses for Microsoft's Mass Layoffs
Back in the 90s, Microsoft bought a lot of companies to get and stay ahead
Happy Independence Day to Our American Readers
Maybe tomorrow will be a good opportunity to explain to American people - in terms of concepts, not brands - which tools respect their independence
Links 03/07/2025: More Cuts and Cancellations at Microsoft Revealed
Links for the day
Gemini Links 03/07/2025: Favourite Child and Launching WikiGem
Links for the day
Mystery Surrounding the PCLinuxOS Sites and PCLinuxOS Magazine
Let's hope this isn't something major
People and Companies Do Learn Some Lessons From Their Mistakes (Stubborn Ones Don't)
Brett Wilson LLP is an example of one that would rather drown in mistakes
Links 03/07/2025: 'Hey Hi' Slop Ridiculed Some More and Microsoft's Layoffs Tally for 2025 Reaches About 29,000 in Just 6 Months (Almost 5,000 Per Month)
Links for the day
The Slopfarms Are Losing the Plot (and Google is Propping Up Rogue Sites)
Google is part of the attack on the Web, on information, and on technology
New BetaNews Realises There's No Potential or Future in Slopfarms, Prior Editor Wayne Williams is Back
They realise that slop (so-called "AI") cannot replace humans
Claims That Microsoft Looks for Staff That Works More and Gets Paid Less (or Can Only Code by Grabbing Other People's Code, Under the Guise of "AI")
People can form their own opinion
Richard Stallman Was Right About Reasons Not to Use Microsoft
last updated 2017
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 02, 2025
IRC logs for Wednesday, July 02, 2025
Gemini Links 03/07/2025: No to Cloudflare and Small Web July
Links for the day
Links 02/07/2025: Deep Microsoft Cuts, Macron Speaks to Putin
Links for the day
Confirmed: Microsoft Shutdowns Today, Not Only Mass Layoffs
"The Initiative is the only studio closure planned today, although some other teams have seen cuts of varying degrees."
Microsoft Windows Nosedives in Switzerland While GNU/Linux Leaps Above 6%
sooner or later they might have to make the move anyway
Anxiety at Microsoft: Many Workers (Maybe Over 10,000) Still Don't Know They're Being Laid Off Just Before US Independence Day
"Has anyone gotten the notification yet?"
Microsoft "Declined to Say How Many People Would be Laid Off," According to Associated Press
Some other prominent publications said they reached out for comment from Microsoft and received none
The X War is Over and the "Wayland People" Lost
People will gravitate towards what works for them
20 Years Since My Thesis
It's still online
GNU/Linux is Replacing Windows in Laptops/Desktops
The world will move on while Windows and Microsoft shrink
Now Comes the Expected Webspam, Framing Microsoft Layoffs as "Hey Hi" Success Story (False Marketing That's Piggybacking the Layoffs)
falsely marketed as "intelligence"
Hungary: Microsoft Windows Sinks to 17% "Market Share"
In many nations in Europe it seems like the era of Windows is coming to an end
Microsoft Media Operatives and Bill Epsteingate-Funded Sites Said Microsoft Lays Off 9,000, But Other Sites Say More (Including 2,300 in Redmond Alone)
We might never know the real number/s (Microsoft will keep the cards close to its chest) until there are leakers or unless there are whistleblowers with hard proof
Microsoft Layoffs in Spain, Portugal Record for GNU/Linux
in Portugal we see GNU/Linux at record levels
GNU/Linux Reaches All-Time High in the United States of America
Windows is trending down
Yes, Microsoft is Again Using Its Favourite Liars (Stenographers) to Seed Fake Layoff Numbers, Much Lower Than What's Really Happening
It is Jordan Novet again, just as we predicted
Will Microsoft Once Again Choose Its Favourite Liar to Spread Lies About Today's Layoffs, Quickly to be Replicated and Spread by Slopfarms?
What lies is Microsoft briefing its media moles to tell today?
"OSS Fetishism" Wins After Ferenc Zsolt Szabó Ousted (Microsoft Mole From Capgemini)
Many people said 2025 would be the "year of Linux on the desktop"
There is Nothing That LLMs Can Offer Honest People
LLMs are a passing fad; they're expensive and offer poor "value" for energy; they usually offer no value at all unless you are a cheater, spammer, and liar
What statCounter Shows Today Helps Explain Microsoft's Helplessness, Mass Layoffs
Since many US journalists are already away on holiday almost nobody will dare ask the difficult questions or give a voice to whistleblowers
Microsoft Gets the Chop in South America
The notion of digital sovereignty gained a lot of popularity
Europe Has an 'Exit'
Let's see what happens the rest of this year
El Presidente Talks, Canada Walks (Away From Windows)
GNU/Linux rising
Cities in France and Germany Move to GNU/Linux and statCounter Detects Big Differences
Will governments lead by example?
Microsoft Lost Its Foothold in Africa
How many of these are "old" Windows machines converted to GNU/Linux? Probably a lot.
Led by Europe, GNU/Linux Makes Big Gains This Month
statCounter started showing new/fresh stats
Links 02/07/2025: Massive Microsoft Layoffs About to Commence, "Tesla's Robotaxi Program Is Failing"
Links for the day
Why the Microsoft People Who Started SLAPPs Against Techrights Could Very Well be Sent Back to Prison
White-collar crime is also a crime
The Company Run by Former (and Last Proper) Red Hat CEO, Promoting Microsoft Mono, Faces Shock as Senior Partner Jailed for 33 Sexual Offenses Including Pedophilia
"As reported by The Oxford Mail in April 2025, the offenses include rape, sexual assault, engaging in non-penetrative activity with a child, and more."
Microsoft Lost 29% of Windows Users, Based on Microsoft, Now Come Massive Layoffs
Microsoft collapse is today
Slopwatch: Google Serves to People Linux Slop and Linux FUD (Made by Bots)
"Slopwatch" finds it difficult to ignore Google's role in encouraging LLM slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 01, 2025
IRC logs for Tuesday, July 01, 2025
"Wayland People" Behave Like the Googles and Microsofts of This World
Published yesterday by Igor Ljubuncic
Gemini Links 02/07/2025: Arch Linux and Fulfillment in Gemini
Links for the day