The defense of the defendant Mile Janakieski requests the removal of the forensic  expert Boris Tundzev, current director of the Agency for Real Estate Cadastre Skopje, expert in the field of geodesy in the “Toplik” case.

The defense explains that Tundzev, a geodetic engineer, is the current director of the Agency for Real Estate Cadastre, and in accordance with Article 6 of the Law on Cadastre: “The Agency for Real Estate Cadastre has the capacity of a legal entity for its work and is accountable to the Government”; in accordance with Article 12: “The Agency is managed by a director who is elected and dismissed by the Government for a period of 5 years”; in accordance with Article 19: “The funds for the work of the Agency are provided from the Budget, own revenues from fees and other sources.”

Considering that the indictment alleges that the defendants damaged the budget of Macedonia, and that the Agency for Real Estate Cadastre according to the Law on Cadastre is a legal entity responsible for its work to the Government, the Director of the Agency is appointed and dismissed by the Government, as well as the fact that the Agency is financed from the budget, it is indisputably concluded that the legal assumptions from Article 238 paragraph 2 of the Law on Criminal Procedure  have been fulfilled, according to which there is a reason for exclusion of the expert in relation to a person who together with the injured party is employed in the same body or another legal entity. ..that is, there is a basis for exemption from Article 33 paragraph 1 item 1 of the Law on Criminal Procedure, it is stated in the request.

Lawyer Sanja Aleksic stated before the court that the expert Boris Tundzev is a financier of the political party SDSM.

Tundzev is listed as a donor in the party’s annual report for 2019. He is also employed by the injured party, which is a basis for exclusion, because his objectivity and bias is endangered, said Aleksic.