EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

01.19.16

SLAPP-Happy EPO Vice-President Željko Topić Loses Croatian Defamation Lawsuit — AGAIN!

Posted in Europe, Patents at 3:36 pm by Dr. Roy Schestowitz

Case over alleged bribery resurfaces, lost by Topić

Audi EPO

Summary: Topić has just lost — yet again! — a case over claims about ‘missing’ cars (related to a famous case in Croatia, one that landed several high officials in Zagreb’s prison, including the Prime Minister of Croatia)

THANKS to our invaluable sources in Croatia (and also outside Croatia), we now have an update regarding the Croatian defamation lawsuit, initiated by Topić in an effort to silence a legitimate critic who spoke to officials (very much like the suspended judge at the EPO, who is also alleged to have spoken about Topić’s alleged crimes to European officials). Some local (Croatian) reporters refer to Željko Topić as Ivo 'Sanader’s Protégé' (Sanader is in prison now).

Techrights has done much of the (usually exclusive) English language overage about this whole scandal before, including this one case in particular (there are reportedly more cases). In chronological order, here are some of the articles we wrote about this subject:

Here is some of the latest information about the famous (or should that be “infamous”) Croatian defamation lawsuit.

Following the Judgment of the Municipal Criminal Court delivered on the 28th of January (2015) which acquitted Vesna Stilin was of the charges raised against her by Topić, Topić filed an appeal.

According to available information, he requested the Appeal Court to remit the case to a different judge for a retrial.

The Appeal Court decided that the case should be sent back to the same judge at the court of first instance (Marijan Bertalanić) for the correction of some minor formal errors relating to the citation of the applicable provisions of Croatian criminal law.

In the mean time, Topić ditched his original lawyer Janjko Grlić of the prominent and politically well-connected Zagreb law firm Gajski, Grlić, Prka & Partners and switched to another well-known Croatian law firm Šerić and Šerić operated by Mr. Branko Šerić and his son Aljoša Šerić [1, 2].

When the defamation case against Vesna Stilin was reopened before judge Marijan Bertalanić, Topić requested the hearing of further witnesses and the judge allowed this.

At a Court hearing on the 23th of September (2015), Topić was represented by Aljoša Šerić but didn’t appear in person.

The witnesses which Topić had requested to be heard turned out to be a disaster for him.

  • The first witness was a former chauffeur at the Croatian State Intellectual Property Office who excused himself from attending the hearing due to health problems.
  • The second witness was an employee of the SIPO who said that she didn’t know anything about the subject of the hearing. She explained that she had only joined the SIPO after Stilin’s departure so that she had no direct knowledge of the conflict between Stilin and Topić.
  • The third and final witness was Ms. Ljiljana Kuterovac, the current Director-General of the SIPO and Croatia’s representative on the EPO’s Administrative Council who is said to Topić’s protegée. Kuterovac said that she understood the subject of the hearing as she had been informed about it by Topić. When asked about the public lending right (PLR), she claimed that the SIPO had done everything necessary for its implementation in Croatia. However she admitted that the PLR was outside her area of expertise and that she didn’t know the precise details of the conflict between Stilin and Topić.

A final court hearing was scheduled for the 18th of December (2015). Topić and his lawyer didn’t appear for this hearing with the excuse that Topić had official duties that prevented him from attending.

The hearing was rescheduled for the 14th of January, 2016 (that’s just a few days ago).

Despite having been duly summoned, neither Topić nor his lawyer turned up for the January hearing. The judge was surprised and wondered what was going on as Topić had failed to notify the Court of his non-attendance. In the end, a decision to discontinue the proceedings under Article 401 par. 2 of the Croatian Criminal Procedure Code was issued.

Unless he decides to appeal the decision, it seems that Topić’s defamation proceedings against Vesna Stilin are now closed.

A copy of the minutes of the court hearing has been sent to us along with an English translation. Here is the original in Croatian [PDF] and a translation into English (with original structure preserved) [PDF]. For those who don’t like PDF files, here is the somewhat flattened text as HTML:

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

File ref. no.: 7. K-586/15

MINUTES
of 14 January 2016

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

Ankica Zorić
(Registrar)

Criminal case:
Private prosecutor: Željko Topić

Defendant: Vesna Stilin

For the criminal offence pursuant to
Article 200/2 et alia of the Criminal Code

The presiding judge opened the hearing at 13:35 and announced the subject matter of the trial. The presence of the parties was established as follows:

1. For the private prosecutor [Željko Topić] – nobody, legal representative of the private prosecutor, Branko Seric – nobody
2. Injured party:
3. Defendant: Vesna Stilin, legal representative of the defendant, attorney-at-law Zoran Životić
4. Witnesses:

It is established that the summons issued to the private prosecutor [Željko Topić] was returned with an annotation from the courier “notified, did not collect delivery” and that the duly summoned legal representative of the private prosecutor, attorney-at-law Branko Seric was not in attendance.

The Judge delivers the following

DECISION

Pursuant to Art. 401 par. 2 of the Criminal Procedure Code, the criminal proceedings against the defendant Vesna Stilin in the matter of the private prosecution by Željko Topić from 4th February 2011 are discontinued. Completed at 13:39.

Judge:

Registrar:

So Topić didn’t even show up in a SLAPP case that he himself had initiated. We already explained here before why we believe this wasn’t his first SLAPP action (in an effort to cover up abuses). Months ago I too became a victim of these ugly tactics.

While this case, on its own (there are reportedly more), does not prove criminality, it does serve to disprove claims that allegations of criminality are false. In other words, Željko Topić cannot effectively defend himself from Stilin’s accusations, which definitely lends credibility to these accusations. Based on the bizarre apology posted by a key source (similar to the EPO’s demands from me), we have reasonable grounds for suspicion that Topić went on an expedition to silence his exposers, to the point of threatening them with defamation lawsuits (so that they delete/remove incriminating evidence). That’s what out-of-control rich people tend to do when they cannot win an argument. Is Battistelli going to announce this decision to his staff in an internal communiqué or will he just deceive the staff by omission again?

As a side note, Topić’s new lawyer, Branko Šerić, is known in Croatia for his role as a Defence Counsel in the case of Vinko Martinović before the U.N. International Criminal Tribunal for the former Yugoslavia. See the details here [PDF]. More recently, he has acted as defence counsel in a number of high-profile cases involving allegations of corruption during the Sanader era such as the “Maestro” [1, 2] and “HEP” cases [1, 2]. Aljoša Šerić is something of a minor celebrity in his home country. Apart from his membership of the legal profession, he pursues a parallel career in music and has played with the Croatian groups “Ramirez” (band) and “Pavel“.

“In a state where corruption abounds, laws must be very numerous.”

Tacitus

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. The Latest EPO Victim Card (Played by Željko Topić) Should be Treated as Seriously as Those Bogus Claims of Violence by a Judge (Updated)

    In its desperate pursuit of a narrative wherein the staff of the EPO is violent and aggressive the management of the EPO, renowned for institutional aggression, finds (or claims to have found) a little tampering with a bicycle



  2. Links 25/5/2016: Nginx 1.11, F1 2015 Coming to GNU/Linux Tomorrow

    Links for the day



  3. The Media Starts Informing the European Public About the Downsides of UPC While EPO Accelerates Its Lobbying for Ratification

    The EPO's shameless UPC promotion takes another step forward as the European press outlets (even television channels) begin to explore the secret deal that's negotiated by patent lawyers (with corporate clients) and patent offices, not the public or any public interest groups



  4. Some Details About How the EPO's President is Rumoured to be 'Buying' Votes and Why It's Grounds/Basis for “Immediate Dismissal”

    Some background information and a detailed explanation of the systemic financial dependency, created by Battistelli at the cost of €13 million or more, which prevents effective oversight of Battistelli



  5. How the Patent Lawyers' Microcosm Continues to Boost Software Patents Filth by Misdirecting Readers, Relying on Highly Selective Coverage

    Under the guise of reporting/analysis/advice the community of patent lawyers is effectively lobbying to make software patents popular and widely-accepted again, based on one single case which they wish to make 'the' precedent



  6. Documents Show Zagreb Police Department in Investigation of Vice-President of the European Patent Office

    Željko Topić's troubles in Croatia, where he faces many criminal charges, may soon become an extraordinary burden for the EPO, which distances itself from it all mostly by attacking staff that 'dares' to bring up the subject



  7. [ES] Interrumpiendo la Propagánda Distractante de Battistelli: los Empleados de la EPO Protestará de Nuevo en una Quincena

    La exágerada extravagancia (desperdicio de dinero) en la Ceremonia de Premiación al Inventor Europeo de la EPO tendrá que competir por atención de los medios con miles de empleados de la EPO (en todaslas sedes de la EPO) marchándo en las calles para protestar por los abusos de la EPO



  8. Windows and Microsoft's Other 'Burning Platforms'

    It's not just Windows for phones that's reaching minuscule market share levels but also Windows, but Microsoft is skilled at hiding this (cannibalising Windows using something people do not even want, then counting that cannibal, Vista 10)



  9. Links 24/5/2016: CRYENGINE Source Code is Out on GitHub, Jono Bacon Leaves GitHub

    Links for the day



  10. Links 23/5/2016: GNOME 3.22, Calculate Linux 15.17

    Links for the day



  11. 'Celebrity' Patent Trolls and the Elusive Battle Against Patent Trolls (or Eastern District of Texas Courts) Rather Than Software Patents

    Some of last week's more important reports, which serve to demonstrate how the system is attempting to tackle a side-effect of software patents rather than the patents themselves (their irrational scope)



  12. The Circus of Patent 'Reporting' (by Omission) on the Subject of Software Patents in the US and USPTO Bias

    look at some of the latest oddities in the US patent system and much of the reporting about software patenting (more or less monopolised by those who profit from it, not harmed by it)



  13. IP3 Demonstrates That Today's Patent Systems Devolve Into a Conglomerates' Game, Won't Protect the Mythical Small Inventor

    Multinational corporations bring together their shared interests and steer the increasingly-inseparable patent systems according to their needs and goals, but has anyone even noticed?



  14. Disrupting Battistelli's Distracting Propaganda: EPO Staff to Protest Again in About a Fortnight

    The overly extravagant (waste of money) EPO European Inventor Award will have to compete for media attention with thousands of EPO staff (in all EPO sites) marching in the streets to protest against the EPO's abuses



  15. Corrupting Democracy? Growing Frequency of Rumours That the EPO's President Battistelli is 'Buying' Votes of Small Member States

    Several sources suggest that rather than appease the Administrative Council by taking corrective action Battistelli and his notorious 'circle' now work hard to remove opposition from the Administrative Council, especially where this is easier a task to accomplish (politically or economically)



  16. [ES] Los Mitos de la EPO ‘Calidad’ de Patentes y de ‘Creación’ de Patentes: Basados en Ventas de Cafe y Trauma

    La carrera hacia el fondo, o la ridícula asumpción de Battistelli de que otorgar más y más patentenes más rápidamente (e.g. usando PACE) sería beneficióso a largo término, puede guíar al final colapse del valor de la EPO y la pérdida de su lárgamente ganada reputación a nivel mundial



  17. Links 22/5/2016: Systemd 230, Debian Installer Alpha 6

    Links for the day



  18. EPO Patent 'Quality' and 'Patent Creation' Myth: Capsule-Based Coffee Sales and Trauma

    The race to the bottom, or Battistelli's ludicrous assumption that granting more and more patents faster (e.g. using PACE) would be beneficial in the long run, may lead to the ultimate collapse of the EPO's value and demise of its long-earned reputation worldwide



  19. Guest Post: How Vista 10 Imposes Itself on Users of Windows

    A reader's experience being nagged by Microsoft, as documented and explained by this reader



  20. [ES] El Notorio Tirano de la EPO, Benoît Battistelli, Se Reune Con Otros Tiranos, Reportes de Que ‘Limpia’ el Consejo Administrativo

    El régimen de Battistelli, talvez la fuente de verguénza más grande, alegadamente está “cortejándo países pequeños/corruptos para asegurárse de que los delegados que votarón contra él serán remplazados”



  21. [ES] Comentadores Anónimos Debaten Si la EPO de Battistelli Puede Revocar las Pensiones de Empleados Que Se Atreveen — GASP — a Buscar Empleo Alternativo

    Una mirada a las causas de desesperación e imensa presión en la EPO, donde las pensiónes pueden ser cortadas como medio de represália y la gente puede ser negada empleo aún después de dejar la Oficina Europea de Patentes (EPO)



  22. [ES] Otra Casi Vacía Presentación de la EPO en La Hague

    El propagandístico “estudio social” de Battistelli (básicamente un montón de engañosas afirmacionesdisfrazadas como ‘investigación’) ayuda a demostrar que los empleados de la EPO no tiene absolutamente fe en la gerencia



  23. Links 21/5/2016: Manjaro Linux RC, Flock 2016 Schedule

    Links for the day



  24. USPTO Ignores a Lot of Cases Against Software Patents to Justify Resumption of More Software Patenting

    The US patent system (USPTO) is so obsessed with granting as many patents as possible -- even bogus patents in areas that are no longer patent-eligible -- that its guidelines are further perturbed and whose appeals board is massively overwhelmed/overworked/understaffed



  25. Notorious EPO Tyrant, Benoît Battistelli, Meets Other Tyrants, Reportedly 'Cleanses' the Administrative Council

    The Battistelli regime, perhaps the biggest embarrassment of Europe right now, is allegedly "courting smaller countries to make sure the delegates who voted against him will be replaced"



  26. Links 20/5/2016: Purism Tablet, ChromeOS PCs Outsell 'Mac'-Branded PCs

    Links for the day



  27. CAFC Rules Against Software Patents But Witness With Horror the Silence From Patent Lawyers (Bias by Omission)

    In an effort to protect software patents in the United States, where these patents came from in the first place (and continue to spread from), patent lawyers pretend not to see cases where software patents get invalidated and instead focus on the rare exception



  28. It's All Just Artificial Distractions From EPO Management, 'Yellow' Union Comes Under Scrutiny Again

    What's happening inside the EPO these days and what meaningless rubbish the management of the EPO would rather have the media obsessed with



  29. Anonymous Commenters Debate Whether Battistelli's EPO Can Revoke Pensions of Dismissed Employees Who Dare -- GASP -- Find Alternative Employment

    A look at causes for desperation and immense pressure at the EPO, where pensions can be cut as means of reprisal and people can be denied employment even after they leave the European Patent Office (EPO)



  30. Australian Productivity Commission's Research Calls for Ban on Software Patents, Davies Collison Cave Calls for Complaints Against This Finding

    As the push against software patents grows in Australia, much to the chagrin of Australian software developers, Davies Collison Cave (patent law firm) publicly calls for opposition, calling its side "the truth" and pretending it represents "Australian innovators."


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts