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

11.26.16

SLAPP-Happy EPO Vice-President Slapped Out of the Municipal Criminal Court in Zagreb for the Third Time!

Posted in Europe, Patents at 4:59 am by Dr. Roy Schestowitz

We recently received the following news from sources in Croatia, after Topić had lost the lawsuit for the second time (early this year)

Audi EPO

Summary: The latest in the Topić saga is more bad news for Topić, with potentially a lot more on the way

According to information received from reliable sources in Croatia, on November 21st at the Municipal Criminal Court in Zagreb a further round took place in the long-drawn out defamation lawsuit which Mr. Topić has been pursuing against a former Assistant Director of the SIPO.

“Mr. Topić was leading the prosecution as a private plaintiff.”The original lawsuit was filed as a private complaint on February 4th, 2011 which means that the Public Prosecutor was not responsible for the case. In other words, Mr. Topić was leading the prosecution as a private plaintiff.

The first round ended in January 2015 with a resounding defeat for Topić as the defendant was acquitted of all charges in the judgment of January 26, 2015 (file number 7.K-26/11).
At that time Topić was represented by Mr. Janjko Grlic from Gajski, Grlic, Prka and Partners, a leading Zagreb law firm with a lot of high-level political connections.

“At that time Topić was represented by Mr. Janjko Grlic from Gajski, Grlic, Prka and Partners, a leading Zagreb law firm with a lot of high-level political connections.”It seems that Topić filed an appeal against this judgment and tried to have the case sent back to a different judge. The appeal court did not grant that request but sent the case back to the same judge for the correction of a number of minor formal errors in the original judgment concerning the paragraphs of criminal law which had been cited. Some confusion seems to have arisen here because there had been amendments of the criminal law between the filing of the complaint in February 2011 and the passing of the judgment in January 2015.

The case went back to the same judge (Marijan Bertalanić) at the Municipal Criminal Court for a second round, this time with the file number 7.K-586/15.

In the meantime Topić had switched his attorney and was now represented by another prominent Zagreb lawyer Branko Šeric.
.

“In the meantime Topić had switched his attorney and was now represented by another prominent Zagreb lawyer Branko Šeric.”At a hearing which took place on January 14, 2016 neither Mr. Topić nor his lawyer showed up in court.

The judge decided to discontinue the proceedings.

“But this seems to have been a deliberate strategic move on the part of Topić to delay the proceedings.”It may seem like strange behavior on the part of a private prosecutor not to show up in court to prosecute the lawsuit he has filed himself. But this seems to have been a deliberate strategic move on the part of Topić to delay the proceedings.

Afterwards Topić filed an appeal against the decision to discontinue the proceedings and the case was reopened before the same judge at the Municipal Criminal Court.

Round three took place during a hearing held on November 21st.

Once again Topić had switched his representative and was now represented by another attorney.

“The judge seems to have finally lost patience with Topić’s time-wasting tactics because he closed the case by adjourning the hearing indefinitely and noting that the statute of limitations was due to expire on the following day.”Although he had been duly summoned to appear as a witness Topić failed to turn up in court and apparently did not even acknowledge the summons. His attorney claimed that his absence was due to “urgent business” which had prevented him from attending.

The judge seems to have finally lost patience with Topić’s time-wasting tactics because he closed the case by adjourning the hearing indefinitely and noting that the statute of limitations was due to expire on the following day.

For the moment, only the official minutes of the hearing are available but there may be a more detailed judgment issued later on. Sources in Zagreb have indicated that the final judgment of the Municipal Criminal Court may be published on the Internet.

A redacted copy of the minutes is available to us [PDF] with a translation in English below.

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

File number: 7. K-586/15

MINUTES
of 21 November 2016
the discussion held at the Municipal Criminal Court in Zagreb

Present for the Court:
Marijan Bertalanić
Presiding Judge – Judge

Ankica Zorić
Registrar

Criminal case:
Private prosecutor: Ž. T.

DEFENDANT: V. S.
For the criminal offence pursuant to
Article 200/2 et alia of the Criminal Code

The President of the Council – the judge opens the session at 11.45 hours and announces the subject of the main debate.

The presence of the parties is established as follows:

1. For the private prosecutor – nobody, legal representative of the private prosecutor, *****
2. Injured party:
3. Defendant: V. S. legal representative of the defendant, attorney-at-law ******
4. Witnesses:

It is established that the witness Ž. T., for whom a summons to his address in Germany has not been acknowledged, failed to appear. His legal representative submits for the file a certificate from which it follows that the private prosecutor was unable to attend today’s hearing due to urgent business.

The Judge delivers the following

Decision

There will be a debate. Due to the passage of time the debate is re-opened anew.

The identity of the defendant is established.

Defendant V.S., personal data as in the minutes of 4th February 2013.

The debate begins with a reading of the private complaint.

The defendant states that she understands the charges and will be defended in the presence of her chosen defence counsel.


- 2 -

Invited to make a statement on the merits of the private complaint she states: I do not consider myself guilty of the offences with which I am charged.

The Judge calls on the parties to submit their evidence.

The legal representative of the private prosecutor proposes once again a direct examination of the private prosecutor Ž. T. at the hearing, also suggests that the minutes of the previous examination of the already heard witness be read at the hearing, and no further evidence.

The counsel for the defence states that she does not oppose the evidentiary proposals on behalf of the prosecution.

Since the parties were not in agreement following the reading of the minutes of the previous examination of the private prosecutor Ž. T. as a witness,

the Judge delivers the following

Decision

Today’s debate will be adjourned, and no further hearing will be scheduled since on 22nd November 2016 statute of limitations for a criminal prosecution takes effect.

Completed at 11.55 hours.

Judge

Clerk

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. Links 21/9/2019: Plasma 5.17 Beta in Kubuntu, Cockpit 203

    Links for the day



  2. IBM Cannot Become a True Friend of Free Software Because of Its Current Patent Policy

    IBM needs to quit bullying people/companies with software patents; that would help towards appeasement of IBM critics and sceptics



  3. When Patent 'Professionals' Sound Like Children Who Learned to Parrot Some Intentionally-Misleading Buzzwords, Myths and Lies

    With buzzwords like "AI" and misleading terms like "IP" the litigation zealots are trying to convince themselves (and the public) that software is a physical thing and a "property" which needs "protecting" from "theft"; it doesn't seem to bother these people that copyright law already covers software<



  4. The European Parliament Needs to Become More Outspoken About EPO Abuses

    There are few encouraging signs in Europe right now because the EPO's disregard for patent law (striving to just grant as many patents as possible) earned it much-needed backlash from the European Parliament



  5. Links 19/9/2019: German Federal Ministry of the Interior Wants FOSS, Top Snaps Named

    Links for the day



  6. Buying the Voices of 'Linux' People to Repeat Microsoft's Talking Points While Removing Our Icons and Leaders (Calling Them Sexist)

    The dirty games leveraged by several companies including Microsoft target charismatic people who are essential for morale and leadership; these tactics aren't particularly novel



  7. When the EPO Sees Itself as Above European Law, Grants Patents in Defiance of the EPC (Its Founding Document) and Violates Staff's Labour Rights/Protections (International Law)

    The absurd state of affairs at the EPO has reached the point where laws at every level are being violated and even judges are being threatened or vainly ignored; the EU is belatedly trying to tackle these issues, which have actually cost its credibility a great deal and threaten the perception of Rule of Law at multiple levels



  8. Links 19/9/2019: Samba 4.11.0 and Kubernetes 1.16

    Links for the day



  9. Update on Koch v EPO: Internal Appeals Committee (IAC) Composition Still Likely Illegal

    An important EPO case, concerning a dismissed staff representative, shows what ILO-AT and the EPO's Internal Appeals Committee boil down to



  10. Links 18/9/2019: Fedora Linux 31 Beta, PCLinuxOS 2019.09 Update

    Links for the day



  11. Links 17/9/2019: CentOS 7.7 and Funtoo Linux 1.4 Released

    Links for the day



  12. EPO is Not European

    Internationalists and patent trolls are those who stand to benefit from the 'globalisation' of low-quality and law-breaking patents such as patents on algorithms, nature and life itself; the EPO isn't equipped to serve its original goals anymore



  13. The EPO's Central Staff Committee and SUEPO (Staff Union) Respond to “Fascist Bills” Supported by EPO President António Campinos

    Raw material pertaining to the latest Campinos "scandal"; what Campinos said, what the Central Staff Committee (CSC) said, and what SUEPO said



  14. Storm Brewing in the European Patent Office After a Hot Summer

    Things aren't rosy in EPOnia (to say the least); in fact, things have been getting a lot worse lately, but the public wouldn't know judging by what media tells the public (almost nothing)



  15. Why I Once Called for Richard Stallman to Step Down

    Guest post from the developer who recently authored "Getting Stallman Wrong Means Getting The 21st Century Wrong"



  16. As Richard Stallman Resigns Let's Consider Why GNU/Linux Without Stallman and Torvalds Would be a Victory to Microsoft

    Stallman has been ejected after a lot of intentionally misleading press coverage; this is a dark day for Software Freedom



  17. Links 16/9/2019: GNU Linux-libre 5.3, GNU World Order 13×38, Vista 10 Breaks Itself Again

    Links for the day



  18. Links 16/9/2019: Qt Quick on Vulkan, Metal, and Direct3D; BlackWeb 1.2 Reviewed

    Links for the day



  19. Richard Stallman's Controversial Views Are Nothing New and They Distract From Bill Gates' Vastly Worse Role

    It's easier to attack Richard Stallman (RMS) using politics (than using his views on software) and media focus on Stallman's personal views on sexuality bears some resemblance to the push against Linus Torvalds, which leans largely on the false perception that he is sexist, rude and intolerant



  20. Links 16/9/2019: Linux 5.3, EasyOS Releases, Media Backlash Against RMS

    Links for the day



  21. Openwashing Report on Open Networking Foundation (ONF): When Open Source Means Collaboration Among Giant Spying Companies

    Massive telecommunications oligopolies (telecoms) are being described as ethical and responsible by means of openwashing; they even have their own front groups for that obscene mischaracterisation and ONF is one of those



  22. 'Open Source' You Cannot Run Without Renting or 'Licensing' Windows From Microsoft

    When so-called ‘open source’ programs strictly require Vista 10 (or similar) to run, how open are they really and does that not redefine the nature of Open Source while betraying everything Free/libre software stands for?



  23. All About Control: Microsoft is Not Open Source But an Open Source Censor/Spy and GitHub/LinkedIn/Skype Are Its Proprietary Censorship/Surveillance Tools

    All the big companies which Microsoft bought in recent years are proprietary software and all of the company’s big products remain proprietary software; all that “Open Source” is to Microsoft is “something to control and censor“



  24. The Sad State of GNU/Linux News Sites

    The ‘media coup’ of corporate giants (that claim to be 'friends') means that history of GNU/Linux is being distorted and lied about; it also explains prevalent lies such as "Microsoft loves Linux" and denial of GNU/Free software



  25. EPO President Along With Bristows, Managing IP and Other Team UPC Boosters Are Lobbying for Software Patents in Clear and Direct Violation of the EPC

    A calm interpretation of the latest wave of lobbying from litigation professionals, i.e. people who profit when there are lots of patent disputes and even expensive lawsuits which may be totally frivolous (for example, based upon fake patents that aren't EPC-compliant)



  26. Links 15/9/2019: Radeon ROCm 2.7.2, KDE Frameworks 5.62.0, PineTime and Bison 3.4.2

    Links for the day



  27. Illegal/Invalid Patents (IPs) Have Become the 'Norm' in Europe

    Normalisation of invalid patents (granted by the EPO in defiance of the EPC) is a serious problem, but patent law firms continue to exploit that while this whole 'patent bubble' lasts (apparently the number of applications will continue to decrease because the perceived value of European Patents diminishes)



  28. Patent Maximalists, Orbiting the European Patent Office, Work to 'Globalise' a System of Monopolies on Everything

    Monopolies on just about everything are being granted in defiance of the EPC and there are those looking to make this violation ‘unitary’, even worldwide if not just EU-wide



  29. Unitary Patent (UPC) Promotion by Team Battistelli 'Metastasising' in Private Law Firms

    The EPO's Albert Keyack (Team Battistelli) is now in Team UPC as Vice President of Kilburn & Strode LLP; he already fills the media with lies about the UPC, as one can expect



  30. Microsoft Targets GNU/Linux Advocates With Phony Charm Offensives and Fake 'Love'

    The ways Microsoft depresses GNU/Linux advocacy and discourages enthusiasm for Software Freedom is not hard to see; it's worth considering and understanding some of these tactics (mostly assimilation-centric and love-themed), which can otherwise go unnoticed


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

Recent Posts