02.04.15

Gemini version available ♊︎

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

Posted in Europe, Patents at 7:10 pm by Dr. Roy Schestowitz

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 Čovo
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.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. EPO Staff Committee Compares the Tactics of António Campinos to Benoît Battistelli's

    The Central Staff Committee (CSC) of the EPO talks about EPO President António Campinos, arguing that “he seems to subscribe to the Manichean view, introduced by Mr Battistelli…”



  2. Prof. Thomas Jaeger in GRUR: Unified Patent Court (UPC) “Incompatible With EU Law“

    The truth remains unquestionable and the law remains unchanged; Team UPC is living in another universe, unable to accept that what it is scheming will inevitably face high-level legal challenges (shall that become necessary) and it will lose because the facts are all stlll the same



  3. Links 1/12/2021: LibrePlanet CFS Extended to December 15th and DB Comparer for PostgreSQL Reaches 5.0

    Links for the day



  4. EPO Cannot and Will Not Self-Regulate

    The term financialisation helps describe some of the activities of the EPO in recent years; see Wikipedia on financialisation below



  5. [Meme] Germany's Licence to Break the Law

    Remember that the young Campinos asked dad for his immunity after he had gotten drunk and crashed the car; maybe the EPO should stop giving diplomatic immunity to people, seeing what criminals (e.g. Benoît Battistelli) this attracts; the German government is destroying its image (and the EU’s) by fostering such corruption, wrongly believing that it’s worth it because of Eurozone domination for patents/litigation



  6. EPO Dislikes Science and Scientists

    The EPO's management has become like a corrupt political party with blind faith in money and monopolies (or monopoly money); it has lost sight of its original goals and at this moment it serves to exacerbate an awful pandemic, as the video above explains



  7. Links 1/12/2021: LibreOffice 7.3 Beta, Krita 5.0, Julia 1.7

    Links for the day



  8. Links 1/12/2021: NixOS 21.11 Released

    Links for the day



  9. IRC Proceedings: Tuesday, November 30, 2021

    IRC logs for Tuesday, November 30, 2021



  10. Links 1/12/2021: Tux Paint 0.9.27 and WordPress 5.9 Beta

    Links for the day



  11. [Meme] EPO Administrative Council Believing EPO-Bribed 'Media' (IAM Still Shilling and Lying for Cash)

    IAM continues to do what brings money from EPO management and Team UPC, never mind if it is being disputed by the patent examiners themselves



  12. The EPO's Mythical “Gap” Has Been Found and It's Bonuses for People Who Use Pure Fiction to Steal From Patent Examiners

    The phony president who has the audacity to claim there's a budget gap is issuing millions of euros for his enablers to enjoy; weeks ahead of the next meeting of national delegates the Central Staff Committee (CSC) tells them: "Events show that the delegations’ concerns about functional allowances have materialised. The lack of transparency and inflation of the budget envelope gives rise to the suspicion that high management is pursuing a policy of self-service at the expense of EPO staff, which is difficult to reconcile with the Office’s claimed cost-saving policy, and to the detriment of the whole Organisation."



  13. Video: Making the Internet a Better Place for People, Not Megacorporations

    Following that earlier list of suggested improvements for a freedom-respecting Internet, here's a video and outline



  14. Links 30/11/2021: KDE Plasma 5.23.4, 4MLinux 38.0, Long GitHub Downtime, and Microsoft's CEO Selling Away Shares

    Links for the day



  15. A Concise Manifesto For Freedom-Respecting Internet

    An informal list of considerations to make when reshaping the Internet to better serve people, not a few corporations that are mostly military contractors subsidised by the American taxpayers



  16. Freenode.net Becomes a 'Reddit Clone' and Freenode IRC is Back to Old Configurations After Flushing Down Decades' Worth of User/Channel Data and Locking/Shutting Out Longtime Users

    Freenode is having another go; after “chits” and “jobs” (among many other ideas) have clearly failed, and following the change of daemon (resulting in massive loss of data and even security issues associated with impersonation) as well as pointless rebrand as “Joseon”, the domain Freenode.net becomes something completely different and the IRC network reopens to all



  17. Jack Dorsey's Decision is a Wake-up Call: Social Control Media is Just a Toxic Bubble

    The state of the World Wide Web (reliability, preservation, accessibility, compatibility etc.) was worsened a lot more than a decade ago; with social control media that’s nowadays just a pile of JavaScript programs we’re basically seeing the Web gradually turning into another Adobe Flash (but this time they tell us it’s a “standard”), exacerbating an already-oversized ‘bubble economy’ where companies operate at a loss while claiming to be worth hundreds of billions (USD) and generally serve imperialistic objectives by means of manipulation like surveillance, selective curation, and censorship



  18. IRC Proceedings: Monday, November 29, 2021

    IRC logs for Monday, November 29, 2021



  19. Links 29/11/2021: NuTyX 21.10.5 and CrossOver 21.1.0

    Links for the day



  20. This Apt Has Super Dumbass Powers. Linus Sebastian and Pop_OS!

    Guest post by Ryan, reprinted with permission



  21. [Meme] Trying to Appease Provocateurs and Borderline Trolls

    GNU/Linux isn’t just a clone of Microsoft Windows and it oughtn’t be a clone of Microsoft Windows, either; some people set themselves up for failure, maybe by intention



  22. Centralised Git Hosting Has a Business Model Which is Hostile Towards Developers' Interests (in Microsoft's Case, It's an Attack on Reciprocal Licensing and Persistent Manipulation)

    Spying, censoring, and abusing projects/developers/users are among the perks Microsoft found in GitHub; the E.E.E.-styled takeover is being misused for perception manipulation and even racism, so projects really need to take control of their hosting (outsourcing is risky and very expensive in the long run)



  23. Links 29/11/2021: FWUPD's 'Best Known Configuration' and Glimpse at OpenZFS 3.0

    Links for the day



  24. President Biden Wants to Put Microsofter in Charge of the Patent Office, Soon to Penalise Patent Applicants Who Don't Use Microsoft's Proprietary Formats

    The tradition of GAFAM or GIAFAM inside the USPTO carries on (e.g. Kappos and Lee; Kappos lobbies for Microsoft and IBM, whereas Lee now works for Amazon/Bezos after a career at Google); it's hard to believe anymore that the USPTO exists to serve innovators rather than aggressive monopolists, shielding their territory by patent threats (lawsuits or worse aggression) and cross-licensing that's akin to a cartel



  25. Microsoft GitHub Exposé — Part VIII — Mr. Graveley's Long Career Serving Microsoft's Agenda (Before Hiring by Microsoft to Work on GitHub's GPL Violations Machine)

    Balabhadra (Alex) Graveley was promoting .NET (or Mono) since his young days; his current job at Microsoft is consistent with past harms to GNU/Linux, basically pushing undesirable (except to Microsoft) things to GNU/Linux users; Tomboy used to be the main reason for distro ISOs to include Mono



  26. Dr. Andy Farnell on Teaching Cybersecurity in an Age of 'Fake Security'

    By Dr. Andy Farnell



  27. IRC Proceedings: Sunday, November 28, 2021

    IRC logs for Sunday, November 28, 2021



  28. Links 29/11/2021: Linux 5.16 RC3 and Lots of Patent Catch-up

    Links for the day



  29. By 2022 0% of 'News' Coverage About Patents Will Be Actual Journalism (Patent Litigation Sector Has Hijacked the World Wide Web to Disseminate Self-Promotional Misinformation)

    Finding news about the EPO is almost impossible because today’s so-called ‘news’ sites are in the pockets of Benoît Battistelli, António Campinos, and their cohorts who turned the EPO into a hub of litigation, not science; this is part of an international (worldwide) problem because financial resources for journalism have run out, and so the vacuum is filled/replaced almost entirely by Public Relations (PR) and marketing



  30. Trying to Appease Those Who Never Liked Free Software or Those Who Blindly Loved All Patent Monopolies to Begin With

    It’s crystal clear that trying to appease everyone, all the time, is impossible; in the case of the EPO, for example, we hope that exposing Team Battistelli/Campinos helps raise awareness of the harms of patent maximalism, and when speaking about Free software — whilst occasionally bashing the alternatives (proprietary) — we hope to convince more people to join the “Good Fight”


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