The “Iva Mihaylova” Case: Two New Expert Reports Heard by the Court

A possible twist in the "Iva Mihaylova" case in Kocani. Two expert reports were presented to the court there today. Both state that the oncoming vehicle veered into Iva’s lane and caused the accident. The court rejected two requests by Iva Mihaylova to take part in the hearing via video link.

BNT was the first to bring public attention to the case of the Bulgarian citizen injured in the crash. Our reports also prompted reactions from government officials.

The hearing in Kocani,, North Macedonia began in Iva Mihaylova's absence, although she had submitted a request to participate via video link.

Nikolay Dimitrov, Iva Mihaylova's lawyer: “What is happening with my client at the moment is that, following a 12-day stay at Pirogov Hospital and a week of rehabilitation, her treating doctors have decided that she needs to be admitted to hospital again. She is currently at the District Hospital, where her treatment is continuing. She has spinal injuries, and her treating doctors have decided to seek the opinions of their colleagues before determining precisely what procedure should be carried out on Iva.”

The court rejected Iva Mihaylova's request twice, accepting prosecutor Igorcho Krastov's arguments that the defendant had deliberately absconded in order to evade criminal liability.

However, lawyer Naser Raufi pointed out that the medical documents showed otherwise. He said that no arrest warrant had been issued and that no other measures had been imposed to indicate that she was in hiding.

“The only reason she left – and not fled, because that is the incorrect word used by the prosecution – was that she was forced to go abroad for medical treatment, as her health and her injuries were at risk,” lawyer Raufi further explained.

Two expert witnesses who had prepared reports commissioned by the defence gave evidence before the court. Respected expert Vinko Gajica, who has prepared more than 6,000 expert reports, explained that it was crucial to take into account the fact that the vehicle which hit Iva's car was significantly heavier, and that the main marks were found in her lane.

According to lawyer Naser Raufi, these new findings stem from the expert assessment, the technical report and, above all, the conclusions of the defence's expert, who explained the methodology used to establish that it was indeed the other vehicle that had entered Iva's lane, rather than the other way round, as the prosecution was attempting to portray the situation.

According to the expert, a possible reason why the other car entered Iva's lane and caused the crash was that its driver had been trying to avoid a police patrol which had stopped a vehicle without registration plates for an inspection.

Bulgarian Members of Parliament were also present at today’s (November 9) court hearing.

Elisaveta Belobradova, MP from the parliamentary group of 'Democratic Bulgaria': “For a politician, it is absolutely unacceptable to comment on what is happening in the courtroom. That is why, despite our regular presence here, we have never commented either on the proceedings in the courtroom or on what has been said inside. That would constitute unacceptable interference. No politician – neither I nor Mickoski – should publicly comment in any way on the actions of the court. If the judiciary is not independent, the entire country cannot claim to be free and independent.”

Krastyo Vrachev, MP from 'Vazrazhdane': “We have just seen inside the courtroom that the defence expert witness categorically refuted the earlier statements made by the prosecution's expert witnesses. In particular, the evidence showed that the crash took place in Iva's lane. From this point onwards, we must wait and see how the court will rule.”

The prosecutor requested time to examine the new findings before questioning the expert witnesses.

Expert in the Iva Mihaylova Crash Case: The Collision Occurred Because Another Vehicle Entered Iva's Lane