By: Gašper Blažič
The judicial process, reminiscent of one of Franz Kafka’s most famous novels – referring, of course, to the Trenta case – continued. The hearing lasted a total of seven hours, practically an entire working day.
After two hearings in August were cancelled – supposedly due to the wait for a decision by the Celje District Court on the composition of the panel and the potential political bias of two jury members – the trial in the Trenta case resumed in early September. The three co-defendants – Janez Janša, Klemen Gantar, and Branko Kastelic, represented by attorneys Franci Matoz, Martina Žaucer Hrovatin, and Gorazd Fišer (formerly known as a prosecutor) – once again took their seats on the defendants’ bench. Just days before, they were informed that the court had swiftly rejected the defence’s request for the selection of new jurors, stating that there were no valid reasons for disqualification. Suzana Žinić and Andrej Volk thus remain on the panel, despite their political affiliations, which only further confirms that the process is politically motivated. The court also rejected the defence’s demand for a review of the indictment with regard to constitutional rights and human freedoms. At the same time, it once again examined the financial status of the defendants, requiring each to publicly disclose their income and assets.
In 2005, Janša was searching for a larger and more suitable apartment
If the previous hearing, before the court recess, focused on procedural complications regarding the status of the jurors, this time the trial was more substantive. Prosecutor Boštjan Valenčič, accompanied by his colleague Luka Moljk, presented the indictment, but mainly repeated what has already been reported in the past. The case revolves around the exchange of a smaller apartment in Ljubljana (Župančičeva Jama) and a property (farm) in Trenta for a larger apartment, which would have been suitable for Janša as a protected individual – as he was prime minister at the time (in 2005). Janša had inquired about the possibilities of such an exchange because he had no savings and was considering selling the plot in Trenta, which he had bought in 1992 for a small sum. At the time, Slovenia had recently gained independence, access to Trenta was difficult, the Vršič pass was often closed, and the route through Italy involved passing two customs checkpoints, which kept property prices low. However, by 2004, Slovenia joined the European Union and changed its laws, allowing foreigners to purchase real estate. This, along with the Trenta region’s location near the Italian border, led to a significant rise in property values over the next 13 years, with prices soaring fivefold compared to 1992. As a result, Janša bought a larger apartment in Ljubljana and sold his smaller one along with the plot in Trenta. The prosecution accuses Janša of purchasing the controversial plot in 1992 for 350,000 tolar (1,460 euros) and selling it in 2005 to the company Eurogradnje for 31.4 million tolar (131,000 euros). Later, Eurogradnje sold the land to the company Imos for 146,000 euros, and the same year Janša purchased a three-room apartment in Ljubljana from Imos for 236,100 euros. The prosecution claims Janša funded this purchase through a 100,000-euro overpayment by Eurogradnje for the Trenta plot, implying a case of quid pro quo involving corruption and abuse of power, given Janša’s alleged influence as prime minister over companies, especially those doing business with the state.
Attempts to bring down Janša over Trenta in 2011 and 2013
By way of context: after the first wave of the Patria affair brought Pahor’s SD to power in 2008, the deep state actors briefly revisited the Trenta case in 2011, raising questions about Janša’s apartment purchase and helping Zoran Janković’s Positive Slovenia win. Although Janković failed to form a government, the then-president of the CPC, Goran Klemenčič, launched an attack on Janša with the Trenta case and added Janković as collateral damage, leading to the collapse of the government. Attention then shifted back to the Patria affair, which saw Janša convicted in 2014, though the Constitutional Court later overturned the ruling, freeing him from prison. Now, the Trenta process has resumed, although Janša already testified on this matter in 2014. The presiding judge, Cvetka Posilovič, read out the transcript of Janša’s 2014 defence.
Arguments in the indictment ‘borrowed’ from mainstream media
All three co-defendants gave statements today, with none admitting guilt. Branko Kastelic, a former executive at Imos, explained that he had full authorisation from the board to execute the deal now under scrutiny. He also pointed out that the indictment does not take into account the actual market prices. During his lengthy statement, he raised his voice several times. The second co-defendant, Klemen Gantar, gave a brief statement. Janša, after the 2014 defence transcript was read, noted that the current indictment is essentially based on information from mainstream media in 2011 during the election campaign, most of which is false. The prosecution could have obtained accurate data but chose not to, he pointed out. Janša also refuted claims that it was illegal to renovate or build in the Triglav National Park, noting that several judges and prosecutors also own weekend homes in the area. He obtained a planning permit in 2003 that allowed construction within the existing footprint of the property.
The real scandal occurred when the Trenta property was investigated. The first appraiser valued the property, which had deteriorated by then, at 30,000 euros, but this did not satisfy the investigating judge or the prosecutor. The latter even suggested that the plot should be worth less than it was in 1992. However, they ignored the fact that a contract between two private parties cannot be the basis for a criminal charge unless there is evidence of intentional fraud or deception. In 1992, one of the buildings on the plot had a roof, and the land was overgrown. Janša cleared and renovated it, but the courts kept seeking new appraisers until they found one who valued the plot as low as possible. The original appraiser, who gave the most realistic valuation, later lost his license, allegedly due to retribution by Goran Klemenčič when he was justice minister.
Hearings scheduled until the end of the year!
At the next hearing on September 17th – coincidentally Janša’s birthday, while today is his wife Urška Bačovnik Janša’s birthday – witnesses will begin to testify. Judge Cvetka Posilovič has scheduled six more hearings, all the way until the end of the year, with the final one just days before Christmas! It seems there is a rush to conclude the trial, aiming for a conviction at the first instance before the next parliamentary elections.