Two Expert Reports Delay Trial of Iva Mihaylova in Kočani

The trial of Iva Mihaylova from Kočani has been adjourned until 29 and 30 July. The postponement was prompted by two expert reports that challenge the prosecution's case regarding Mihaylova's alleged responsibility. BNT has previously reported exclusively on the young woman, who was herself injured in a road traffic collision near Kočani.

For the past 10 months, Iva has been prohibited from leaving her hometown and has therefore been unable to receive treatment for the injuries she sustained in the accident. What are the discrepancies between the expert reports, and why do they matter?

One of the first questions Iva Mihaylova was asked in court in Kočani was how she identified herself.

Iva Mihaylova: "I was born here. I am Bulgarian."

Judge: "A citizen of?"

Iva: "North Macedonia and Bulgaria."

Judge: "A national of the Republic of North Macedonia and the Republic of Bulgaria."

The prosecutor argued that, at the time of the collision on 7 October last year, Iva had been driving at 84 km/h in an area where the speed limit was 60 km/h.

The defence strongly objected, arguing that this was a misrepresentation of the facts, as the legal speed limit on that stretch of road was in fact 90 km/h.

Naser Raufi, lawyer for Iva Mihaylova: "The speed at which the defendant was travelling complied with the law and was, in fact, below the permitted limit."

The lawyer added that the 60 km/h speed limit had been introduced by a road sign located four junctions before the site of the collision and therefore did not apply to the section where the accident occurred. He also submitted a document from the road authority confirming that the speed limit at the scene of the crash was 90 km/h.

The prosecutor further alleged that the evidence showed Iva had not been driving in the right-hand side of her lane and had crossed approximately 50 centimetres into the oncoming lane. The defence submitted the findings of two additional expert reports, which concluded the exact opposite.

Naser Raufi, lawyer for Iva Mihaylova: "There is absolutely no doubt that it was the other vehicle, not the one driven by the defendant, that crossed into Iva's lane. The reason the other vehicle entered Iva's lane was that police officers were stopping vehicles at that moment, and the driver made that manoeuvre for that reason."

The court ruled that the new expert reports submitted by Iva Mihaylova's legal team should be admitted as evidence in the case. The prosecution requested time to examine them before both the witnesses and the experts are questioned.

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Iva Mihaylova from Kočani is 23 years old and holds both Bulgarian and North Macedonia citizenship. For the past eight months, she has been prohibited from leaving her hometown. Following a road traffic collision in October last year, the authorities in Skopje confiscated her identity documents, including those issued by Bulgaria.

At the beginning of October, Iva was travelling towards Štip. As she passed her hometown of Kočani, she noticed a police vehicle stopped in the opposite carriageway at a junction leading into the town.

"At that moment, they stopped one car for an inspection, and the second car coming from the opposite direction, trying somehow to get past them, entered my lane and hit me. My car then crashed into the crash barrier again, while the other vehicle spun around and came to a stop across both lanes," Iva Mihayolova said on 7 June.

The car Iva was driving was crushed beyond recognition, leaving her trapped inside the vehicle.

Iva Mihaylova: "He hit me head-on. The front of his car was destroyed, while the left side of mine was crushed because he struck me from the left. The police officer who was there came over, helped me and gave me some water."

All those injured were taken to the emergency department in Kočani. Iva says doctors initially told her there was almost nothing wrong with her.

Iva Mihaylova: "But I felt that I wasn't well at all. Literally everything hurt. So, at my own request, I was taken to Acibadem Hospital in Skopje."

Doctors at the hospital decided she needed to remain there for treatment. Just a few hours later, three police officers took up position outside her hospital room, she recalls.

Iva Mihaylova: "The police came and took both my Bulgarian and Macedonian passports."

Iva says she has since been banned from leaving Kočani. She also says the injuries she sustained have led to serious complications.

Iva Mihaylova: "I have fractured vertebrae — L5 is broken and L4 is cracked."

Q: "You actually have problems moving your left leg?"

Iva Mihaylova: "Yes. It becomes paralysed from time to time. It's a form of partial paraplegia. The sooner treatment begins, the better. The procedure I need in order to recover fully is available in Bulgaria, Turkey and Israel. In North Macedonia, they haven't even heard of such a procedure."

She submitted a request to undergo treatment in Bulgaria. She says it included a neurologist's recommendation and a medical expert opinion.

Iva Mihaylova: "They refused my request. We applied again at the end of March after a neurologist recommended the surgical procedure, which can be performed in the countries I mentioned. They refused again."

We sent questions regarding the investigation to the Public Prosecutor's Office of the Republic of North Macedonia. No response has been received so far.

Iva says that two weeks ago she received a proposed indictment and notification that her trial would begin on 6 July.