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Another Unusual Move By The Specialised State Prosecutor’s Office: Why Has No Direct Indictment Been Filed Against Golob Yet?

On Thursday, the Specialised State Prosecutor’s Office filed a request with the Ljubljana District Court for a judicial investigation against Prime Minister Robert Golob in the Bobnar case. Everything points to the fact that this is a deliberate delaying tactic by the prosecution to keep Golob in power for a while longer and buy some valuable time.

Prosecutor Blanka Žgajnar confirmed to Television Slovenija that a request for a judicial investigation had been filed in the case against one individual.

A year ago, the police filed a criminal complaint with the Specialised State Prosecutor’s Office against Prime Minister Golob on suspicion of the criminal offence of giving gifts in return for illegal mediation. The Prime Minister was charged with a criminal offence under the second paragraph of Article 264 of the Criminal Code from the chapter on criminal offences against official duties, public powers, and public funds.

Golob rejected the allegations at the time, saying that it was a case of one politician’s word against another’s. Tatjana Bobnar, who resigned as Minister of the Interior due to a dispute with Golob, stood by her allegations about Golob’s interference in the police.

Why did the prosecution choose a third option instead of a dismissal or an indictment?

The prosecution could have dismissed the police report or could have filed a direct indictment, but instead, it decided to file a request for a judicial investigation. This is an unusual move by the prosecution, as confirmed by several lawyers and criminal law experts. If the suspicion of the alleged criminal offences proves to be well-founded, the prosecution should file a direct indictment and initiate criminal proceedings. The evidence was presented publicly by both sides and confirmed by Prime Minister Golob. The criminal offence also had consequences, with the “wrong people” or “Janšaists” – supporters of Janez Janša – being dismissed from their jobs.

Prime Minister Robert Golob, Freedom Movement official Nika Podakar and Head of the Specialized State Prosecutor’s Office Darja Šlibar (Photomontage: Demokracija)

This would have forced Golob to defend himself against serious allegations, and there would have been calls for his resignation. He himself had announced this, so in this case, we can speculate without reservation that this is a deliberate delaying tactic by the prosecutor’s office, which is part of the executive branch of government and is headed by Darja Šlibar, the mother of a prominent member of the Freedom Movement party (Gibanje Svoboda), Nika Podakar.

Golob’s case is the second controversial move by the Specialised State Prosecutor’s Office we have seen in recent days. Namely, early on Tuesday morning, police visited Aleš Hojs, a former minister in Janša’s government. The proceedings against him are being led by Darja Šlibar’s Specialised State Prosecutor’s Office, and the investigation has been signed off by investigating judge Irena Topolšek from the Trenta affair.

Opposition leader Janez Janša has also commented on the Golob case, writing on X: “The ‘purge of Janša supporters’ is grounds for immediate indictment if the prosecution believes the allegations are substantiated. The investigation is merely delaying the drama and keeping Golob in check. Even in the Patria case, there was no judicial investigation, but a direct indictment.”

C. Š.

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