After the founding of the new Macedonian Government with the Prime Minister Nikola Gruevski at the head, the first protests against the imprisonment of Archbishop kyr kyr Jovan (John) VI, and against the state persecution of the Orthodox Archdiocese of Ohrid began to arrive.

In the Severe Protest, (http://www.ecclesia.gr/greeknews/default.asp?id=892) at the official Internet presentation of the Church of Greece, an emergent release of Archbishop kyr kyr Jovan (John) VI and respect of the freedom of religious beliefs of the ctizens, members of Orthodox Ohrid Archbishopric have been demanded, as a condition for the European processes of integration.

A protest for Archbishop of Ohrid by the Synod 1/9/2006

On August 30, 2006, the Holy Synod has expressed a severe protest against the new unjustified persecution and imprisonment of Archbishop of Ohrid k.k. Jovan by the state authorities of Skopje.

Holy Synod in the suitable Announcement requires an emergent release of the Hierarch Jovan, thus stating the following: “disallowed behaviour of endless persecutions of the Canonical Archbishop Jovan, against whom charges deprived of logical and objective ground are constantly brought, for which the verdict of innocence has already been reached, and the deprivation of his personal freedom are a clear breaking of the human rights and impermissible deprivation of free practising of his duties as a religious Cleric; a fact making the integration of the state of Skopje not easier but more difficult, in the efforts for its European perspective.

In addition, this makes the following unstable: the necessaries for societal embodiment - prosperity and the progress of the state, also the confidence of the laymen – citizens, representing the Orthodox community of the lone internationally recognized and canonical orthodox Church, in the continuing and certain functioning of the law, thus causing a sharp and serious wound to the state inclinations for maintaining the legal system, for maintaining the human rights and freedom of the citizens, which represent a fact for leaving the European grants determined by the international law and agreed conventions…”

Source: Informative Service of the Orthodox Ohrid Archbishopric (www.poa-info.org)

ICXC

NIKA

The Archbishop Jovan Fund

Founded April 10, 2006

St. Naum Patron Saint

This is a Christ-loving appeal to help and support His Beatitude John Archbishop of Ohrid and Metropolitan of Skopje and his Archdiocese. The Archdiocese of Archbishop Jovan is an Autonomous Orthodox Church and known as the Autonomous Orthodox Archdiocese of Ohrid and is the voice of Holy Orthodoxy within Macedonia FYROM and recognized as such by the entire Orthodox world. On 24^th May 2005, on the Feast of Saints Cyril and Methodius, Archbishop Jovan was confirmed by His Holiness, Patriarch Pavel, the Archbishop of Pec and Metropolitan of Belgrade and Karlovtzy and Patriarch of Serbia, to be Archbishop of Ohrid and Metropolitan of Skopje in accordance with the Nis Agreement. On the same day, there was an announcement of the Patriarchal and the Assembly Tomos for Autonomy was granted for the Ohrid Archbishopric, the Chairman of whose Holy Synod of Bishops is he, himself. To access this information:

http://www.poa-info.org

A new fund has been set up to help and assist Archbishop Jovan and his Archdiocese of Ohrid: The Archbishop Jovan Fund.

The Fund is a non-profit organization, and all donations should be sent to:

Archbishop Jovan Fund

St. Herman Brotherhood
P.O. Box 70
Platina, California 96076

Checks and money orders payable to: The Archbishop Jovan Fund. A tax deduction will be sent upon request.

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By Archimandrite Nektarios Serfes

Loving Archpastoral blessings and prayers for all!

Once again, My Lord and My God, I am cast into the pit of this prison.
Constrained by its surrounding walls, I nonetheless send out to the beloved flock
Thou hast entrusted to me, my loving Archpastoral blessings.
I assure them all that my prayers for them cannot be held captive within prison walls!
My daily prayers before Thee will not cease; neither shall my faith falter
nor my courage fail so long as I remember Thee, so long as I remember to praise Thee
with my lips and with my whole heart and mind and soul. I shall turn to Thee
here in my prison cell, knowing that Thou art here as Thou art surely everywhere.
So I pray to Thee that Thou wilt bless my brother hierarchs, the priests, monks, nuns,
and all those faithful who love Thee and also pray to Thee. For they in their many trials
and efforts struggle also as I struggle for the faith, every day and every hour.
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ТО
His Holiness
Archbishop of Pec
Metropolian of Belgrade – Karlovci
Serbian Patriarch
kyr kyr Pavle

Your Holiness,

We write this letter to You being deeply grief-stricken as well as the whole hierarchy, clergy and members of the Orthodox Ohrid Archbishopric are because of the repeatedly imprisonment of our Archbishop, His Beatitude kyr kyr Jovan (John). Namely, he was imprisoned for his second time several days ago, and few months ago he was released from his first imprisonment due to the great pressure of the local churches and the international community. It is renowned that he was confined by the authorities of the Republic of Macedonia many times before. The only guilt of his is that he had brought the Church of the Republic of Macedonia, which was in a condition of many years long schism, into a canonical condition, and thus it has become recognised by all the Orthodox Churches worldwide. The solution of the schism disturbs the authorities of the Republic of Macedonia, because they are the ones who had created it in the times of the communist rule (in 1967) for solely chauvinistic reasons, and they are also bothered by the way the solution of the schism is resolved. That is why they had glaringly interfered in the affairs of the Church and do not stop the terror until nowadays, mostly striking the Archbishop, but also the other Bishops, the clergymen and the faithful people of the Orthodox Ohrid Archbishopric.
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for explanation on the trial resulting with a one year imprisonment punishment of His Beatitude kyr kyr Jovan (John), the Archbishop of Ohrid and Metropolitan of Skopje

The Government of the Republic of Macedonia continues the legal persecution against His Beatitude kyr kyr Jovan (John), the Archbishop of Ohrid and Metropolitan of Skopje, with unchecked fury. After the impressive and public hissing by the International community, as well as by numerous and influential international institutions dealing with human rights and freedoms, in particular regard to the imprisonment of the Archbishop Jovan (John) in July 2005, the Government of he Republic of Macedonia has now changed its tactics, but surely not its goal to persecute the members of the Ohrid Archbishopric.

Due to lack of arguments that would explain the international factors the imprisonment of the Archbishop Jovan (John) for the criminal offence “Instigation of ethnic and religious hatred, discord and intolerance”, the judiciary of the Republic of Macedonia which is far from being independent, and on the contrary being under immediate influence of the executive power, released the Archbishop from prison after eight months in spite he was convicted to serve two years and a half of imprisonment. So the state authorities whose aim is obviously not to resolve the problem of freedom of religion in the Republic of Macedonia, have changed the tactics thereof and now they do not persecute and try the Archbishop for issues related to his religion for they would provoke again the reaction of the international community, but upon charges for allegedly embezzlement of funds, striving to present him as being unworthy for his ministry.

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Archbishop Jovan (John) voluntarily turned up in the prison “Idrizovo” in order to serve the politically pronounced prison sentence

His Beatitude the Archbishop of Ohrid and Metropolitan of Skopje k. k. Jovan (John), keeping his word, voluntarily appeared in the prison “Idrizovo” at 2.30 pm, so that he will serve the 1-year-long politically pronounced prison sentence, for the criminal act of “embezzlement”. The reason for the short delay of his appearance at the prison in order to serve the sentence was his bad health condition, which has still not been completely improved.

As it is well known the Archbishop has not embezzled any financial means, since all of the € 57.000, together with the interest of €180, were timely handed over to the court of first instance in Veles, in the first moment when this was requested by Mr. Trifun Kostovski through the media, and who later testified before the court that Archbishop Jovan is innocent. Based on his testimony the Archbishop was twice liberated, and the third time, after a severe political pressure, he was sentenced to imprisonment.

In the politically motivated processes, truth and justice have no value. Despite the fact that the court proceeding was conducted at the request of the schismatic MOC, which made an outrageous forgery in collaboration with the Public Prosecutor of Veles, inserting inexistent suggestion for prosecution, even after the first trial and the already pronounced verdict of rejection.

more photos:
Archbishop John At The Prison Gates
Archbishop John Arrives At The Prison
Archbishop John Behind The Prison Bars
Archbishop John Enters The Prison

Through : Court of First Instance in Veles

TO : The Supreme Court of the Republic of Macedonia
S k o p j e

DEMAND
FOR EXTRAORDINARY EXAMINATION
OF AN ENFORCEABLE VERDICT

By the defendant Jovan Vraniskoski from Bitola,
through his defence counselor Dimanov Ivan, attorney at law from Gevgelija

Pursuant to Article 437 paragraphs 1 and 2 and Article 438 of the Law on Penal Proceedings, hereby I lodge in due period this Demand for Extraordinary Examination of the Enforceable Verdict P. No. 359/02-III dated on 23rd of September, 200t of the Court of First Instance in Veles, as amended by virtue of the Verdict Pa. No. 2495/05 dated on 14th of March, 2006 of the Court of Appeals in Skopje.

I lodge this demand on the following grounds :

• Violation of the Penal Code to the detriment of the convict provided for in Article 430 paragraph 1 item 2, i.e., Article 382 paragraph 1 item 1 of the Law on Penal Proceedings’
• Violation of the provisions related to the penal proceedings referred to in Article 439 paragraph 1 item 2, i.e., violation of the provisions of the penal proceedings referred to in Article 381 paragraph 5 of the Law on Penal Proceedings.

Regarding the first ground, hereby I state that the enforceable verdict has violated the Penal Code by pronouncing the defendant Jovan Vraniskoski to be guilty and convicting him for the penal offence embezzlement referred to in Article 239 paragraph 4 in conjunction with paragraph 1 in conjunction with Article 23 paragraph 1 of the Penal Code.

Namely, the evidence presented and decisive facts and the situation of the facts established do not point to the conclusion that the acts of the defendant Vraniskoski Jovan from Bitola contain the legal characteristics of the penal offence embezzlement referred to in Article 239 paragraph 4 in conjunction with paragraph 1 in conjunction with Article 23 paragraph 1 of the Penal Code.

Namely, the standpoint of the first instance court as well as of the second instance court as stated in the Bill of Indictment and in the wording of the first instance verdict is erroneous in regard to existence of his intention to appropriate for himself the moneys from the donation amounting to EUR 57,180 together with the second defendant Toni Petrusevski.

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P. No. 359/02
Through : Court of First Instance
Veles

To : Court of Appeals
Skopje

A P P E A L

Of the second defendant Vraniskoski Jovan from Bitola
through defense counselor Dimanov Ivan, attorney at law from Gevgelija

AGAINST

Verdict No. P. 359/02-II of the Court of First Instance in Veles dated on 23rd of September, 2005

Hereby I lodge this appeal to the aforesaid verdict within due period, grounds being the following :

• Substantive violation of the provisions referred to in Articles 380 paragraph 1 in conjunction with Article 381 paragraph 1 items 5 and 11 and paragraph 2 of the Law on Penal Procedure;
• Violation of Article 380 paragraph 2 in conjunction withArticle382 paragraph 1 item 1 of the Law on Penal Procedure;
• erroneous and incompletely established situation of the facts according to Article 380 paragraph 3 in conjunction with Article 383 of the Law on Penal Proceedings.

Regarding the first count of appeal hereby I state that the first instance court has substantiatively violated the provisions referred to in Article 381 paragraph 1 item 5 of the Law on Penal Proceedings, because the penal proceedings against the defendant was initiated without a motion by the aggrieved party which is a condition for criminal charges referred to in Article 239 paragraph 6 of the Penal Code.

Citing the reasons for the verdict, on pages 3 and 4 thereof the Court of First Instance has stated that the witness Zoran Grozdanov had no right to put forth a motion for criminal prosecution or to waive it, for Mr. Stephen was the solely person authorized for it, i.e., the witness Metropolitan Timothy.

The Court has established the aforesaid substantive fact by virtue of the statement of the witness Slave Jovanovski being recorded in the report dated on 22nd of June, 2004, by virtue of Protocols Nos 151, 248 dated on 5th of November, 2002 and 148 dated on 5th of December, as well as No. 151 dated on 25th of September having motion for criminal prosecution in the contents thereof.

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No. P.359/02-II

IN THE NAME OF THE CITIZENS OF THE REPUBLIC OF MACEDONIA!

THE COURT OF FIRST INSTANCE IN VELES, being penal court of first instance, in a Panel consisting of judge Valentin Zafirov, in capacity of the Chairman of the Panel, and the juror judges Stancev Dusko and Maja Simonovska, in capacity of members of the Panel, and the court clerk Natasa Perkova, dealing with the penal case against the defendant Toni Petrusevski from Sveti Nikole for the criminal offence embezzlement referred to in Article 239 paragraph 4 in conjunction with paragraph 1 of the Penal code, and the defendant Jovan Vraniskovski from Bitola for the criminal offence embezzlement referred to in Article 239 paragraph 4 in conjunction with Article 23 paragraph 1 of the Penal code, formed upon Bill of Indictment No. PI 228/02 and 335/02 dated on 28th of November, 2002 of the Veles First Instance Public Prosecutor’s Office, after occurrence of the oral, public and main hearing in the presence of the Deputy Prosecutor Slavica Temelkovski, the defendant Toni Petrusevski and his defense counselor Kosta Nojkov, attorney at law, and the defendant Jovan Vraniskoski and his defense counselor Ivan Dimanov, attorney at law, on 23rd of September, 2005 has passed and announced to the public the following

V E R D I C T

The defendants :

1.TONI PETRUSEVSKI, of father Goce and mother Olgica, born on 31st of August, 1974 in Stip, residing in Sveti Nikole on 87 Karposeva St., Macedonian, citizen of the Republic of Macedonia, literate, having completed higher education - Major Seminary, unemployed, married, having served his military obligation, never convicted so far,

2.JOVAN VRANISKOSKI, of father Argir and mother Galena, born on 28th of February, 1966 in Bitola where he resides on 2/23 Kocanska St., literate, having completed higher education, Macedonian, citizen of the Republic of Macedonia, never married, property situation being poor, unemployed, being Metropolitan of Veles and Vardar Valley and Exarch of Ohrid voluntarily, having served his military obligation in 1984 in Sarajevo, Bosnia and Herzegovina, not being subjected of military conscription, already convicted, with other proceedings for another criminal offences pending,

ARE GUILTY

BECAUSE :

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DEFENCE
of the Archbishop of Ohrid and Metropolitan of Skopje kyr kyr John (Jovan) on the court trial No. 359/02 against him for penal offence embezzlement referred to 239 paragraph 4 in conjunction with Article 23 paragraph 1 of the Penal Code at the Court of First Instance in Veles

I have no illusion that a man have oppose a political pursuit organised by the state using only own strength ever. If I did not deemed and if I was not convinced that this is a Work of God, I would never agree to struggle such a political typhoon for anything, considering that it was known in advance that I will lose the present. It does not mean that I would lose the future and history indeed, however, if one fights the authorities, even those are uncertain.

And all these in the context of the political environment of my trials which will obviously be engaged until my conviction. Today’s court hearing being consequence of two times returned acquitting verdict of the first instance court is a proof for it. In spite of clear and understandable facts proponed in the rationales of the acquitting verdicts of the Court of First Instance in Veles, the Court of Appeals in Skopje, tending to extend the process or to try me until a convicting verdict is reached, has returned the case for a retrial for two times now.

Your Honour, I have chosen a thorny path by my free will, so let me sip what I have crumbled. But why with such rigged trials intended at my conviction at any price, as a result of which other people would also suffer? Does Madam Prosecutor ask herself how the parents of Toni Petrusevski or his wife feel, not to mention how dos he himself feel, neither my parents, nor my sister and other relatives who are watching us put on a cross permanently for years now, being conscious that we would not take even a penny that belongs to somebody else, not to speak of EUR 57,000? It is a stress for many families, many people, and all that upon order of the authorities.

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COURT OF APPEALS IN SKOPJE, in a penal consisting of the judges Suretus Bislimovski in capacity of the Chairman of the Panel, Katerina Orovcanec and Slavica Bojadzievska in capacity of members of the Panel, and the court clerk Cvetanka Perik, counsellor, with regard to the penal case against the defendant Toni Petrusevski from Sveti Nikole and the defendant Jovan Vraniskovski from Bitola for the criminal offence “embezzlement” referred to in Article 239 paragraph 4 in conjunction with paragraph 1 of the Penal Code and “embezzlement” referred to in Article 239 paragraph 4 in conjunction with Article 23 paragraph 1 of the Penal Code, proceeding upon the Appeal lodged in due period of the Veles First Instance Public Prosecutor”s Office against the Verdict No. P. 359/02 dated on 28th of October, 2004, on the public session maintained on 24th of may, 2005 in the presence of the Deputy Higher Public Prosecutor Katerina Paneva and the defence counsellor of the defendant Jovan Vraniskoski, Mr. Dimanov Ivan, attorney at law from Gevgelija, in accordance with Article 402 of the Law on Penal Proceedings, has made the following :

D E C I S I O N

The APPEAL of the Veles First Instance Public Prosecutor”s Office IS BEING ACCEPTED.

The VERDICT No. P. 359/02 dated on 28th of October, 2004 of the Court of First Instance in Veles IS BEING REPEALED and the case is hereby returned to the first instance court for repeated dealing with.

R a t i o n a l e

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REPUBLIC OF MACEDONIA
FIRST INSTANCE PUBLIC PROSECUTOR’S OFFICE
PI No. 228,335/02
In V E L E S
On 22nd of November, 2004
COURT OF FIRST INSTANCE IN VELES
R E C E I V E D
23 / 11/ 2004

THROUGH
THE COURT OF FIRST INSTANCE
V E L E S

TO
THE COURT OF APPEALS
S K O P J E

Pursuant to Article 42 paragraph 2 item 5, Article 353 paragraph 1, Article 354 item 3 and Article 359 paragraph 1 of the Law on Penal Proceedings, hereby I declare in due time the following :

A P P E A L

AGAINST: The Sentence No. P. No. 359/02-1 dated on 28th of October, 2004 of the Court of First Instance in Veles.

GROUNDS: Erroneously and incompletely established situation of the facts.

R A T I O N A L E

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P. No. 359/02-1

IN THE NAME OF THE CITIZENS OF THE REPUBLIC OF MACEDONIA !

THE COURT OF FIRST INSTANCE IN VELES, being a first instance penal court, in a panel consisted by the judge Valentin Zafirov in capacity of the Chairman thereof and the judges jurors Stancev Dusko and Peceva Gordana in capacity of members thereof, and the court clerk Natasa Perkova, dealing with penal matter against the defendant Toni Petrusevski from Sveti Nikole with regard to criminal offence embezzlement referred to in Article 239 paragraph 4 in conjunction with paragraph 1 of the Penal Code and against the defendant Jovan Vraniskovski from Bitola for criminal offence embezzlement referred to in Article 239 paragraph 4 in conjunction with Article 23 paragraph 1 of the Penal Code instituted upon the Bills of Indictment PI. No. 228/02 and 335/02 dated on 28th of November, 2002 of the First Instance Public Prosecutor’s Office in Veles, after the occurrence of public main hearing in presence of the Deputy Prosecutor Slavica Temelkovski, the defendant Toni Petrusevski personally and his defence counsellor Kosta Nojkov, attorney at law, the defendant Jovan Vraniskovski and his defence counsellor Ivan Dimanov, attorney at law from Gevgelija, today, on the 28th of October, 2004 has rendered the following

J U D G E M E N T

The defendants :

1.TONI PETRUSEVSKI of father Goce and mother Olgica, born on 31st of August, 1971 in Stip, residing in Sveti Nikole on 87 Karposeva St., ethnic origin being Macedonian, citizen of the Republic of Macedonia, literate, having completed higher education : Faculty of theology, unemployed, married, having served his military obligation, not convicted so far,

2.JOVAN VRANISKOVSKI of father Argir and mother Galena, born on 28th of February, 1966 in Bitola where he resides on 2/23 Kocanska St., literate, having completed higher education, ethnic origin being Macedonian, citizen of the Republic of Macedonia, never married, property status being low, unemployed, being on the position of a Metropolitan of Veles and Vardar Valley and the Exarch of Ohrid as a volunteer, military obligation served in 1984 in Sarajevo, Bosnia and Herzegovina, not subjected to military conscription, without other pending penal proceedings against him, already convicted for another criminal offence,

ARE HEREBY BEING ACQUITED OF THE INDICTMENT

ON THE FOLLOWING GROUNDS :

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COURT OF APPEALS IN SKOPJE, in a panel consisting o the judges nevena Krckovska Malinkovska in capacity of the Chairwoman of the Panel, Suretus Bislimovski and Mirjana Dukovska in capacity of members of the Panel, the court clerk Liljana Petruseva, senior associate, dealing with the penal matter against the defendants Toni Petrusevski from Sveti Nikole and Jovan Vraniskovski from Bitola with regard to criminal offence; as for the defendant Toni Petrusevski for the criminal offence of embezzlement referred to in Article 239 paragraph 4 in conjunction with paragraph1 of the Penal Code and as for the defendant Jovan Vraniskovski for the criminal offence of embezzlement referred to in Article 239 paragraph 4 in conunction with paragraph 1 and in conjunction with Article 23 paragraph 1 of the Penal Code, proceeding upon the appeal lodged by the First Instance Public Prosecutor’s Office in Veles declared against the Sentence P. No. 359/02 dated on 16th of June, 2003 of the Court of First Instance in Veles, on the closed session out of public maintained on 11th of March, 2004 in the presence of the Deputy Higher Public Prosecutor of Skopje Katerina Paneva and in accordance with Article 376 paragraph 1 of the Law on Penal Proceedings, has made the following

D E C I S I O N

The APPEAL of the Veles First Instance Public Prosecutor’s Office IS BEING ACCEPTED.

The SENTENCE of the Court of First Instance in Veles P. No. 359/02 dated on 16th of June, 2003 IS BEING REPEALED and the case is hereby returned to the first instance court for a retrial.

R a t i o n a l e

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No. P 359/02

IN THE NAME OF THE CITIZENS OF THE REPUBLIC OF MACEDONIA!

COURT OF FIRST INSTANCE IN VELES, being a penal Court of first instance, in a panel consisting by the judge Valentin Zafirov in capacity of the Chairman of the Panel, and the judges jurors Stancev Dusko and Peceva Gordana in capacity of members of the Panel, and the court clerk Perkova, dealing with the penal case against the defendant Toni Petrusevski from Sveti Nikole for the criminal offence “embezzlement” referred to in Article 239 paragraph 4 in conjunction with paragraph a1 of the Penal Code and the defendant Jovan Vraniskovski from Bitola for the criminal offence “embezzlement” referred to in Article 239 paragraph 4 in conjunction with paragraph 1 and in conjunction with Article 23 paragraph 1 of the Penal Code, established upon the Bills of Indictment Nos PI 228/02 and 335/02 dated on 28th of November, 2002 of the First Instance Public Prosecution in Veles, after maintenance of the oral, public and main hearing in the presence of the Deputy Prosecutor Slavica Temelkovski, the defendant Toni Petrusevski personally together with his defence counsellor Mr. Kosta Nojkov, attorney at law, the defendant Jovan Vraniskovski being absent, today, on the 16th day of June, 2003 has passed and publicly pronounced the following

V E R D I C T

Against the defendants :

1. TONI PETRUSEVSKI, of father Goce and mother Olgica, born on 31st of August, 1974 in Stip, residing in Sveti Nikole on 87 Karposeva St. Macedonian, citizen of the Republic of Macedonia, literate, having completed higher education, i.e., Faculty of Theology, unemployed, never married, having served his military obligation, never convicted so far.

2. JOVAN VRANISKOVSKI, of father Argir, at the age of 36, Macedonian, citizen of the Republic of Macedonia, literate, residing in Bitola on 2/23 Kocanska 2/23.

THE INDICTMENT IS BEING REFUTED (more…)

REPUBLIC OF MACEDONIA
FIRST INSTANCE PUBLIC PROSECUTOR’S OFFICE
No. PI 228/02
28/11/2002 VELES FIRST INSTANCE COURT
R E C E IV E D
10 / 12 / 2002

TO
THE COURT OF FIRST INSTANCE
VELES

I.

Pursuant to Article 42 paragraph 2 item 3and Article e167 paragraph 2 of the Law on Penal Proceedings, hereby I submit the following

B I L L O F I N D I C T M E N T

AGAINST :

TONI PETRUSEVSKI, of father Goce and mother Olgica, born on 31st of August, 1974 in Stip, residing in Sveti Nikole on 87 Karposeva St., Macedonian, citizen of the Republic of Macedonia, literate, having completed higher education, i.e., Faculty of Theology, unemployed, never married, having served his military obligation, never convicted so far.

II

Pursuant to Article 153 paragraph 6 of the Findings and Law on Penal Proceedings, hereby I submit the following :

B I L L O F I N D I C T M E N T

AGAINST :

JOVAN VRANISKOVSKI, of father Argir, at the age of 36, Macedonian, citizen of the Republic of Macedonia, literate, residing in Bitola on 2/23 Kocanska St. 2/23.

ON THE FOLLOWING GROUNDS :

The defendant Jovan Vraniskovski induced with a premeditation the defendant Toni Petrusevski on 10th of September, 2002 to illicitly appropriate for another person, i.e., for the defendant Jovan, moneys being entrusted to him, by way of written order for drawing the amount of EUR 57,180 (counter-value in MKD 3,487,980.00) from his foreign currency savings account No. 0005761645 with Stopanska Bank AD, Veles Branch, paid to it by the sponsor Komak Corporation from Austria on 17th of June, 2002 as a donation for the reconstruction of the Church of St. Panteleymon in Veles, due to the fact that the Diocese of Vardar Valley and Veles had not a foreign currency account in its name, and to hand the aforesaid amount to him personally; and the defendant Toni Petrusevski, in spite his employment with the aggrieved party, i.e., the Macedonian Orthodox Church, had proceeded upon the aforesaid order drawing the aforesaid amount on 16th of September 2002 from the window of the Veles Branch, Stopanska Bank AD Skopje and handing it to the defendant Jovan.

With the aforesaid acts, Toni Petrusevski has committed the criminal offence”embezzlement” referred to in Article 239 paragraph 4 in conjunction with paragraph 1 and the defendant Jovan Vraniskovski would commit the criminal offence “embezzlement” referred to in Article 239 paragraph 4 in conjunction with paragraph 1 and in conjunction with Article 23 paragraph 1 of the Penal Code.

THEREFORE :