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MARIJA ZURNIĆ

POLITICAL
CORRUPTION
& GOVERNANCE
Political Corruption and Governance

Series Editors
Dan Hough
University of Sussex
Brighton, UK

Paul M. Heywood
University of Nottingham
Nottingham, UK
This series aims to analyse the nature and scope of, as well as possible
remedies for, political corruption. The rise to prominence over the last
20 years of corruption-related problems and of the ‘good governance’
agenda as the principal means to tackle them has led to the develop-
ment of a plethora of (national and international) policy proposals, inter-
national agreements and anti-corruption programmes and initiatives.
National governments, international organisations and NGOs all now
claim to take very seriously the need to tackle issues of corruption. It is
thus unsurprising that over couple of decades, a significant body of work
with a wide and varied focus has been published in academic journals and
in international discussion papers This series seeks to provide a forum
through which to address this growing body of literature. It invites
not just in-depth single country analyses of corruption and attempts to
combat it, but also comparative studies that explore the experiences of
­different states (or regions) in dealing with different types of corruption.
We also invite monographs that take an overtly thematic focus, analysing
trends and developments in one type of corruption across either time or
space, as well as theoretically informed analysis of discrete events.

More information about this series at


http://www.palgrave.com/gp/series/14545
Marija Zurnić

Corruption and
Democratic Transition
in Eastern Europe
The Role of Political Scandals in Post-Milošević
Serbia
Marija Zurnić
Belgrade, Serbia

Political Corruption and Governance


ISBN 978-3-319-90100-8 ISBN 978-3-319-90101-5 (eBook)
https://doi.org/10.1007/978-3-319-90101-5

Library of Congress Control Number: 2018942880

© The Editor(s) (if applicable) and The Author(s) 2019


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The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Acknowledgements

I am grateful to all those with whom I had the pleasure to work dur-
ing the preparation of this book. I would especially like to thank my
colleagues Oleksandr Nadtoka, Dr. Mladen Ostojić, Dr. Bojan Bilić,
Dragomir Olujić and Dr. Slobodan Tomić for the insightful guidance,
encouragement and advice they have provided throughout this project.
I would like to express my gratitude to the New Europe College—
Institute for Advanced Study in Bucharest (NEC) for making it possible
for me to work on my book as an NEC Research Fellow. This fellow-
ship was of great importance, as it provided me with invaluable academic
experience and significant financial support during 2015 and 2016.
My thanks are extended to my dearest friends Nevena Nikolić, Jelena
Jovanović, Alan Kennedy, Dr. Zoran Milutinović and Dr. Milijana
Odavić, whose support made my field research in Serbia and the UK
possible. I also very much appreciate the time and effort that Matthew
White, Katherine Danflous and Ivan Kovanović invested in editing and
proofreading the manuscript.
Finally, I would like to give my wholehearted thanks to the people
without whom this work would not have been completed: my family and
friends in Serbia and the UK.

v
Contents

1 Introduction: Political Scandals and Transition in Serbia 1

2 Yugoslavia from Kingdom to Socialist Federation:


Political Order and Political Corruption 23

3 Milošević’s Rule and Corruption 47

4 Confronting Corruption in Post-Milošević Serbia:


Discourse and Institutions 75

5 Money Laundering and Privatisation: The Money in


Cyprus Scandal and the Privatisation of Jugoremedija 107

6 State, Interest and Political Corruption: The


Bankruptcy of Sartid and the Privatisation of C Market 143

7 Institution-Building and Institutional Corruption: The


Port of Belgrade Privatisation and Swine Flu Scandals 169

8 Conclusions: Political Scandals and Political Action 195

vii
viii    Contents

Annexes 205

Bibliography 217

Index 255
Abbreviations

AC Anti-Corruption
ACA Anti-Corruption Agency
CEE Central and Eastern Europe
CoE Council of Europe
CoE CrLCC Council of Europe Criminal Law Convention on Corruption
DOS Democratic Opposition of Serbia
DS Democratic Party (Serbia)
DSS Democratic Party of Serbia
EAR European Agency for Reconstruction
EBRD European Bank for Reconstruction and Development
EC European Commission
EP European Parliament
ESOP Employee Stock Ownership Plan
EU European Union
FIA Forensic Investigative Associates
FRY Federal Republic of Yugoslavia
FYROM Former Yugoslav Republic of Macedonia
GRECO Group of States against Corruption
ICTY International Criminal Tribunal for the former Yugoslavia
IMF International Monetary Fund
IPA Instrument for Pre-accession Assistance
LC League of Communists
MONEYVAL Committee of Experts on the Evaluation of Anti-Money
Laundering Measures and the Financing of Terrorism
MP Member of Parliament
NGO Non-governmental organisation

ix
x    Abbreviations

OECD Organisation for Economic Co-operation and Development


OSCE Organisation for Security and Co-operation in Europe
PACO Council of Europe Programme against Corruption and
Organised Crime
RAI Regional Anti-Corruption Initiative
SAA Stabilisation and Accession Agreement
SAI State Audit Institution (Serbia)
SBPOK Service for the Fight against Organised Crime (Serbia)
SEECP South East European Co-operation Process
SFRY Socialist Federal Republic of Yugoslavia
SIGMA Support for Improvement in Governance and Management
SDK Social Accounting Service
SPO Serbian Renewal Movement
SPP Serbian Progressive Party
SPS Socialist Party of Serbia
SRS Serbian Radical Party
SSJ Party of Serbian Unity
TI CPI Transparency International Corruption Perception Index
UBPOK Office for the Fight against Organised Crime (Serbia)
UNCAC United Nations Convention against Corruption
UNDP United Nations Development Programme
UNMIK United Nations Mission in Kosovo
WB World Bank
WHO World Health Organisation
List of Figures

Fig. C.1 Institutional formation and change in the area


of anti-corruption in Serbia (2000–2012) 215
Fig. D.1 Timeline of debates—The Money in Cyprus scandal 216

xi
CHAPTER 1

Introduction: Political Scandals


and Transition in Serbia

This book examines the politicisation of corruption in an Eastern


European country undergoing democratic transition. By exploring the
nature and dynamics of the anti-corruption discourse in Serbia and the
actors involved in it, it aims to identify the political behaviour that is
understood as corruption in public debate. The issue of corruption is
analysed from the perspective of concept formation, while exploring the
potential influence of public debate around corruption on the institu-
tional framework. More specifically, the analysis explores how different
understandings of corruption relate to the way corruption is defined in
the legal framework. The book restricts its analysis to those elements of
corruption that are present in public debate, including the concepts of
state, power, property and interest.
The anti-corruption discourse and its politicisation are explored in this
book in the context of the democratisation of a post-communist soci-
ety undergoing transitional reforms, including market liberalisation, pri-
vatisation and intensive institution-building. It is generally accepted that
post-communist transition is associated with high levels of corruption in
terms of both actual incidences and perceptions. There are many expla-
nations for this tendency. Economic reforms are often viewed as genera-
tors of structural opportunities for corruption, while the underdeveloped
legal and regulatory framework of transitional states and the inefficiency
of their judicial systems are also identified as a cause. It is certainly true
that countries in transition often experience a large number of scandals,

© The Author(s) 2019 1


M. Zurnić, Corruption and Democratic Transition in
Eastern Europe, Political Corruption and Governance,
https://doi.org/10.1007/978-3-319-90101-5_1
2 M. ZURNIĆ

which are revealed by the media and developed in the extra-institutional


realm into protracted stories about corruption and in some cases never
reach a conclusion in the courts.
The specific political and economic developments of Serbia’s recent
past make it a fascinating case study for exploring the politicisation of
corruption. The country was in the international media spotlight dur-
ing the Balkan wars of the 1990s, and for a decade (1992–2001), it was
subject to a UN embargo aimed at preventing further regional conflicts.
Although Serbia’s economic and diplomatic relations with the interna-
tional community were severed during its decade of isolation, political
developments in Serbia were followed eagerly by the international media.
However, since Slobodan Milošević was ousted from power in October
2000, ending Serbia’s international isolation, political developments in
the country have drawn significantly less attention, apart from occasional
coverage of the territorial dispute over Kosovo.
In the early 2000s, after a decade of isolation and with multiple pre-
conditions being set for the country’s re-integration into international
institutions and organisations, the post-Milošević establishment made
significant efforts to catch up with developments in the international
arena. This concurrence of political and economic circumstances pre-
sents a rare opportunity to gain further insight into how a post-com-
munist transitional society reorganised its political, economic and social
life according to new rules on the legality and morality of political action
introduced as part of transitional processes. As the book will show, cor-
ruption controversies cut across the processes of state-building and
economic development, constantly challenging the post-Milošević estab-
lishment’s political struggle for legitimisation.
The most frequently used instrument in the discursive political
­struggles was accusations of corruption, that is to say the politics of scan-
dals. Moreover, a variety of issues besides corruption were discussed in
the anti-corruption debate, especially matters related to the ongoing
transitional process. Over the decade studied in the book, public debate
over corruption in Serbia became a platform for ideological contestation
between various groups in society whose members voiced their opin-
ions on the nature of corruption and what constituted “proper” political
behaviour, putting forward their vision of a desirable community and an
ideal state.
In this book, I argue that in the process of post-communist transition,
political discourse becomes increasingly contested. Political scandals and
1 INTRODUCTION: POLITICAL SCANDALS AND TRANSITION IN SERBIA 3

corruption—which might be seen as a challenge to political stability and


an obstacle to economic development—can offer a path to a more dem-
ocratic politics. Moreover, unlike the bulk of existing literature on cor-
ruption, which argues that political scandals trigger institutional change
and improve democratic institutions, this book shows that the corrup-
tion scandals analysed here have not been a corrective for the system in
Serbia.
As the book argues, the anti-corruption discourse was used by the
post-2000 political elites to distance themselves from the previous
regime under Milošević. Furthermore, the anti-corruption discourse
was used by the new post-Milošević establishment as a tool to introduce
systemic economic changes to Serbia, such as market liberalisation and
privatisation. Thus, an understanding of corruption based on a strict sep-
aration between public and private, which was first introduced discur-
sively by post-Milošević governments, was later institutionalised through
a number of anti-corruption legal measures. The change in the concep-
tion of corruption in the post-2000 era was not a single event; rather, it
is an ongoing process.
The book explores the public debate on corruption which emerged
and developed between 2000 and 2012. This period covers the terms
of office of four post-Milošević governments: the DOS government
(2000–2004), the Koštunica governments (2004–2007, 2007–2008)
and the Cvetković government (2008–2012). The book explores how
six high-profile corruption scandals affected the political community
and made the actors in public debate shift between ideological positions
over time. With the aim of aiding better understanding of the current
anti-corruption debate in Serbia, the book offers a brief overview of how
corruption has been understood in public discourse in the country’s
recent history and incorporated into the national legal framework and
state policy.

Political Scandals and Corruption


Analysing scandals is highly relevant to the study of corruption owing
to the complex relationship between the two concepts. Scandals do not
always emerge from a corrupt act, but can have a life of their own. A
high incidence of scandals can decrease trust in institutions and politi-
cians and result in political disengagement. Moreover, corruption scan-
dals can empower non-democratic political options or can encourage
4 M. ZURNIĆ

involvement in corrupt practices by creating a perception in society that


“everyone is corrupt”.
The literature written in the early stages of “scandalogy” analysed
political scandals as an extra-institutional phenomenon or an unintended
consequence of political processes (Markovits and Silverstein 1988; Doig
1984; Noonan 1987). More recent literature understands scandals from
the perspective of communication studies and defines them as mediated
events (Entman 2012; Thompson 2000; Tiffen 1999). It is generally
accepted that once a scandal has been investigated and those involved
prosecuted, the result is long-term institutional changes that prevent the
incident from reoccurring. Therefore, it is considered that political scan-
dals often trigger corrective action and thus contribute to the improve-
ment of democratic institutions.
The generic definition of corruption refers to the abuse of power for
the purpose of illicit gain, which implies conflict between the public good
and private interests. The bulk of academic research on anti-corruption
policy assumes that this conflict has been an intrinsic part of the concept
of corruption in all societies since ancient times. However, a closer look
at the problem of corruption in Eastern Europe’s post-communist coun-
tries reveals that the separation between private interests and the public
good—as understood in established Western democracies—only became
dominant with the transition to parliamentary democracy and the free
market economy in the 1990s, and in Serbia as late as the early 2000s.
The extensive economic and political transformation including changes
to ownership rights and political representation and the emergence of
nation states, has significantly affected the way corruption is understood
in the post-communist world.
In the policy sphere, a number of conventions aimed at harmonis-
ing anti-corruption efforts internationally—such as the UN Convention
against Corruption and Council of Europe initiatives—also understand
the public–private divide as being at the core of the concept of corrup-
tion. Anti-corruption policies transferred to the national level through
these instruments focus mainly on strengthening principles of good gov-
ernance and preventing private interests from harming the public good, or
otherwise ensuring the separation of the public and private spheres. The
European Union in particular pays special attention to the issue of corrup-
tion, especially as part of its enlargement processes. Candidate countries
for EU membership are expected to implement significant institutional
reforms in the area of anti-corruption policy, in line with EU standards.
1 INTRODUCTION: POLITICAL SCANDALS AND TRANSITION IN SERBIA 5

After the accession of Bulgaria and Romania to the EU in 2007,


which was burdened with problems concerning corruption and organ-
ised crime, the European Commission paid special attention to this issue
in further EU enlargement in the Balkans. The accession process now
involves more developed instruments for institution-building, policy
transfer and regular assessment of progress in the area of anti-corruption.
This includes institutional reforms in line with EU standards, financed
through the Instrument for Pre-accession Assistance (IPA) and the appli-
cation of conditionality at all stages of negotiations. Over the past dec-
ade, Serbia has adopted a large number of anti-corruption laws aimed at
strengthening state institutions’ capacity to deal with the problem of cor-
ruption. However, the European Commission’s annual progress reports
have raised concerns that the main challenge faced by Serbia is not the
adoption of anti-corruption legislation but its implementation (European
Commission 2005–2012).
In addition to the Copenhagen criteria (European Council 1993)—
which oblige accession countries to establish a stable political system
and a functioning market economy, and harmonise their legislation
with the EU acquis—Serbia was additionally required to cooperate with
the International Criminal Tribunal for the former Yugoslavia (ICTY).
Among other conditions, this involved the extradition of Serbian citizens
suspected committing war crimes during the 1990s. As the book shows,
the EU accession process significantly influenced the public debate on
national and state interest, as well as how the notion of political corrup-
tion was understood.

Corruption Scandals in Serbia


This book explores one of the most striking features of political life in
post-Milošević Serbia, political scandals. Local media outlets report
on corruption on a daily basis, and a large number of corruption scan-
dals have emerged over recent decades. When analysed closely, political
scandals in Serbia reveal a great many conflicting yet coexisting ways of
understanding political reality. Moreover, competing conceptualisations
of corruption involve fiery debate over important national issues. Debate
over scandals shows that the notion of corruption encompasses concepts
including state and national interest, the exercise of power and the legiti-
macy of privatisation, which are understood in many diverse and conflict-
ing ways.
6 M. ZURNIĆ

While political scandals in Serbia have attracted vast media atten-


tion, there has been a limited response from state institutions. Most of
the scandals analysed in this book have either not been investigated or
the courts have not reached a final decision. The lack of institutional
involvement in the investigation of cases of alleged corruption has mul-
tiple implications. For example, it is difficult to argue with certainty that
the selected scandals involve corrupt practices at all from the legal point
of view, or that the alleged political misconduct is illegal. What is more,
scandals have not led to the problems, caused by informal practices,
being solved nor have they triggered any long-term changes which could
prevent such incidents from recurring.
Analysis of public discourse on corruption reveals that a wide variety
of meanings are ascribed to the concept of corruption, while a number of
ways of combating corruption are suggested by the actors in the debate.
This book approaches the notion of corruption as a cluster concept, con-
sisting of the sub-concepts of state, property, interest and power. These
concepts are highly contested in Serbian society, and consequently, the
criteria for assessing what is in the best interests of society, how a desira-
ble state should look and how ownership rights should be granted have
always been fiercely debated. It can be argued that these conflicting views
over what constitutes an act of corruption arise from the lack of consen-
sus over the elements that constitute the concept, which are also the sub-
ject of dispute.

Democratic Transition in Serbia


After the general elections in October 2000, Slobodan Milošević, the
incumbent President of Yugoslavia (which at the time consisted of Serbia
and Montenegro), was removed from the political scene along with his
Socialist Party of Serbia. The change did not go smoothly, as Milošević
refused to acknowledge the election results. This triggered street demon-
strations and provoked revolutionary enthusiasm among Milošević’s
opponents. Soon afterwards, Vojislav Koštunica was officially recognised
as the new president and the Democratic Opposition of Serbia (DOS)
coalition formed a government. These developments are known in pub-
lic discourse as the Fifth of October Revolution and are often presented
as a new era in Serbian politics. Since the fall of the Milošević regime in
2000, the Serbian political landscape has been characterised by processes
of intensive political and economic transformation.
1 INTRODUCTION: POLITICAL SCANDALS AND TRANSITION IN SERBIA 7

As in many other countries in Eastern Europe, transition in Serbia


can be characterised as a multifaceted change, involving democratisa-
tion, marketisation and state- and institution-building processes. Under
Milošević’s rule, transition had a specific character and rhythm that dis-
tinguishes it from transitional processes in other post-communist coun-
tries in Eastern Europe. More specifically, as Chapter 3 shows, the
Serbian economy in the early post-communist period can be character-
ised as state capitalism with close links—both formal and informal—
between the political and economic spheres. The rules of parliamentary
democracy were often disregarded by Milošević’s establishment, includ-
ing the right to free and fair elections. As for the economic sphere, pri-
vatisation was not a priority for the governments of the 1990s, which
resulted in the coexistence of a variety of ownership rights, including
state-owned, private and collectively owned property.
Serbia’s transition is therefore unusual, in that certain aspects of the
economic system from the communist era persisted until the early 2000s.
For example, some economic enterprises were owned and managed by
the companies’ own employees, as was the case in the self-management
economy of communist Yugoslavia. The first post-Milošević government,
run by the DOS coalition, introduced changes to legislation that priori-
tised private ownership rights over state and collectively owned property.
This diversity of ownership rights, and the way the sweeping privatisation
processes put an end to it, had a significant influence over how private
interests and the public good were understood in society.
Moreover, Serbia’s emergence as a nation state has also been a com-
plex process. The armed conflicts of the 1990s and the consequent UN
sanctions led to unstable political relations with neighbouring countries
and severe economic difficulties. Sovereignty and territorial integrity
have been prominent issues in Serbian politics over the past two decades,
owing to the dissolution of the Yugoslav Federation and ongoing territo-
rial disputes pertaining to Kosovo.

Discourse and Institutions: Theoretical Background


As this book explores anti-corruption discourse, it is important to note
that discourse is conceptualised here as both ideas and the process of
communicating them (Schmidt 2010, 2011; Schmidt and Radaelli
2004). Furthermore, institutions are understood as being simultaneously
both fixed and contingent. This is because the constituent elements of an
8 M. ZURNIĆ

institution—its members and the ideas associated with them—represent


the main force in the process of institutional change (Schmidt 2010,
2011). This conceptualisation of institutions as flexible discursive struc-
tures that are open to change is suitable for analysing the anti-corrup-
tion discourse in Serbia, as the majority of high-profile political scandals
in Serbia have not been investigated or prosecuted by state institutions.
This enables narratives about corruption to remain open-ended over an
extended period of time and to be discussed within informal institutions.
Therefore, a conceptualisation of institutions as structures and processes,
that is as fora in which members of the political and business elites, aca-
demia and NGOs voice their opinions, is most suitable for analysing the
anti-corruption discourse in Serbia.
However, it is important to emphasise the difficulty of defining ideas
in a way that means they can be observed and their impact on politi-
cal behaviour measured (Lowndes and Roberts 2013; Peters 2012). This
methodological limitation is common to all ideational theories (Berman
1998: 15), owing to the difficulty of conceptualising ideas as phenomena
separate from their context and irreducible to other variables. Despite
this, an increasing number of studies have been conducted with the aim
of using ideational theories to explore the causal relationship between
ideas and institutional change. For example, Sheri Berman used a pro-
cess-tracing method to explore the ideas that led to various policy solu-
tions (Berman 1998, 2010), while Vivien Schmidt observed matched
pairs of country cases in which the impact of discourse on welfare adjust-
ment was assessed while other variables were controlled (Schmidt 2002).
Moreover, other studies observed the impact of discourse on political
action through analysis of the speeches and debates of political elites
(Kajsiu 2015; Wincott 2010; Rich 2010; Art 2006; Dobbin 1994; Hsu
2001). The limitations of discourse theory in terms of the causal rela-
tionship between the ideas identified in public debate and institutional
change also had an impact on this research. As Chapter 4 explains in
more detail, this analysis traces only the direct effect of the studied scan-
dals on the institutional framework in the form of long-term measures at
the state level that sanction practices perceived as corruption.
Another challenge faced by all discourse analysts is how to present
public debate as “realistically” as possible. It is impossible to depict the
multifaceted and fluctuating nature of discourse, because every analyt-
ical approach inevitably involves “freezing” the communication flow
in order to tease out its content and dynamics. Therefore, it is only
1 INTRODUCTION: POLITICAL SCANDALS AND TRANSITION IN SERBIA 9

possible to observe a specific moment in the constant fluctuation of


meaning in public debate. No matter how hard one attempts to pres-
ent public debate in the most accurate way possible, the multiplicity of
voices and the changeability of the discourse cannot be preserved in its
entirety.
It should be noted that there was a significant risk of “flattening”
the discourse in this research. For the above reasons, the fluidity of the
debate and the variations in arguments over a decade could not be pre-
sented in all their detail. Therefore, as Chapter 4 explains, the analysis
foregrounds several ideational streams in public debate which include a
variety of other less pronounced and somewhat differently articulated
voices. Moreover, the analysis shows how the actors in the debate altered
their positions as they joined different groups of actors over time.
In an attempt to draw a more complete picture of this fluctuation,
this study includes quantitative data relevant to the topic. Surveys and
opinion polls which were conducted during the study period (Mihailović
1997, 2000, 2010; Lazić et al. 2013) offer insightful information on the
extent to which the divisions in the political community over the issues
that surfaced in public debate about corruption scandals have shifted
over time. For example, the survey results show levels of perceived cor-
ruption, citizens’ expectations of transitional reforms, their attitudes to
the EU accession process and so forth. The sources are informative and
insightful, as they include research on the views of representatives of
Serbia’s political and financial elites (Lazić 2016) as well as members of
the public (Mihailović 1997, 2000, 2010). The data were collected in
several rounds between the 1990s and 2012, which allows comparison
over time. However, quantitative data only apparently avoid the afore-
mentioned pitfalls related to the multifaceted and fluctuating nature of
discourse and its truthful representation. This is largely because quanti-
tative approaches start with the assumption that the social reality is fixed,
and what is more that it is measurable and comparable.
Bearing this in mind, the book is not an attempt to analyse the
full extent of public debate, nor to isolate the ideas debated and ana-
lyse them separately from a sociopolitical or historical context, but has
an entirely different ambition. As Bojan Bilić points out in his study
of anti-war discourse in the (post-)Yugoslav space, “[t]he objective
is … to map the options and provide a snapshot reflective of both the
particular historical moment in which it is taken and the choices made by
the researcher him/herself” (Bilić 2012: 42). In line with this comment,
10 M. ZURNIĆ

when analysing discourse, self-observation is as relevant as observation of


the subject matter; rather than insisting on the comprehensiveness of her
approach, the researcher may benefit more from being aware of her own
position in relation to the research topic.

The Political Scandals Selected for Analysis


This research is designed in a way that allows in-depth analysis of the
embedded case studies to provide better insight into the nature of the
anti-corruption discourse and how it changed over time and enables
the impact of the discourse on the institutional framework to be ana-
lysed. The book examines six high-profile corruption scandals that arose
over a twelve-year period (2000–2012) covering the terms of office of
four post-Milošević governments: the money in Cyprus Scandal, the
Jugoremedija privatisation, the Sartid bankruptcy, the C Market privati-
sation, the Port of Belgrade privatisation and the flu vaccine scandal. The
criteria according to which these case studies were selected are detailed in
Annex A.
Objectivist and constructivist strategies were combined in order to
ensure that the most representative scandals were selected. The objec-
tivist approach considers that the main criterion for considering a story
to be a scandal is the extent of media coverage about it, or the num-
ber of media reports. Constructivists, however, identify scandals accord-
ing to the public reaction to the alleged misconduct. It is important
to stress the relevance of the constructivist approach to selecting scan-
dals, as the anti-corruption debate has been formalised in various ways
other than through media coverage, such as by printing and distribut-
ing leaflets about workers’ rights during the privatisation of state com-
panies, screening films made of strikes and organising public debates in
abandoned factories. These events were arranged outside the remit of
state institutions and were not reported in the media. Furthermore, the
objectivist criteria for the selection of case studies do not include com-
munications on Twitter, Facebook, blogs and other media, even though
these sources have played an important role in recent years in spread-
ing information about corruption scandals and organising anti-corrup-
tion activities. Consequently, these forms of communication may have
had an influence over whether certain corruption stories were perceived
as scandals. Furthermore, state institutions have initiated investigations
into most of the scandals studied here. This suggests that the selected
1 INTRODUCTION: POLITICAL SCANDALS AND TRANSITION IN SERBIA 11

scandals are highly relevant to the anti-corruption discourse and have


provoked reactions from the domestic anti-corruption body and interna-
tional authorities.
More recently, the current government, which took power in July 2012,
has intensified the investigation and prosecution of several of the corrup-
tion scandals selected for this research, including the C Market and Port of
Belgrade privatisations. Moreover, members of the incumbent political elite
often refer to the controversial money transfers to Cyprus, the privatisa-
tions of Jugoremedija and Sartid and so forth in their public speeches. This
can be understood as support for the argument that studying the selected
scandals can aid better understanding of the anti-corruption discourse in
Serbia. However, the reopening of these cases has significantly influenced
the dynamics of the field research conducted for this book, as a large num-
ber of Serbian civil servants and politicians who were invited to participate
in the research refused to be interviewed and did not want to, or were not
allowed to, share information and discuss the cases.

The Multiplicity of the Anti-corruption Discourse


in Serbia

As has been noted, any attempt to categorise voices in public debate is


just an attempt to map the existing possibilities or produce a snapshot
of the main ideational currents in public discourse. However, despite
its limitations, differentiating the positions in the debate allows certain
insights to be gained and conclusions to be reached. On the basis of
the content of the news media, several broad positions can be identified
concerning the misconduct seen in corruption scandals. One group of
actors did not consider that the alleged transgressions involved in the
scandals were cases of corruption. These actors were mainly members of
the incumbent political elite and civil servants with strong direct influ-
ence on anti-corruption policies. Their views were often reported in
the country’s mainstream print and electronic media, such as the daily
newspaper Politika or the national broadcaster Radio-Television Serbia
(RTS). In this book, this group of actors appear in the debate around all
six high-profile corruption scandals. It can be argued that these actors
interpret scandals from the perspective of the legal definition of corrup-
tion. They therefore tend to react to criticism by emphasising the lack of
evidence proving that the misconduct involved a breach of the law.
12 M. ZURNIĆ

Another group took the opposite view, considering that the alleged
misconduct involved in the scandals represented a form of corruption.
From this perspective, strengthening the rule of law was identified as
the most efficient way of preventing similar scandals from recurring.
According to this view, more consistent implementation of existing leg-
islation, the adoption of new laws and regulation of areas vulnerable to
corruption would reduce the number of transgressions in politics and
increase citizens’ trust in politicians, institutions and the political system.
Moreover, members of this group mostly promoted anti-corruption pol-
icies based on legal punishment in order to increase the political elite’s
accountability and citizens’ level of trust.
This group’s arguments appear in all six case studies, reported by a
wide range of media organisations, ranging from those critical of the
government to those with a mainstream orientation. A majority of
members of this group worked for independent oversight bodies with
a mandate to advise on institutional change in the anti-corruption area.
However, their suggestions are not legally binding for decision-makers,
who are largely advocates of the first discourse. For example, the State
Anti-Corruption Council and the Anti-Corruption Agency are mainly
focused on raising public awareness about the harmful effects of corrup-
tion and designing integrity plans. These institutions have no mandate to
investigate cases of corruption or prosecute the implicated parties.
Another group identified in the anti-corruption debate argues that
corruption can only be curbed if radical changes to the system are intro-
duced. This critical discourse emphasises that the corruption-prone
environment of Serbia’s existing political system means that the official
anti-corruption measures promoted by the first two discourses do not
reduce systemic corruption in the country. Actors in this group thus
advocate for existing institutions in the sphere of politics and the econ-
omy to be replaced by new organisational forms, such as informal net-
works that promote workers’ solidarity, self-management production
and so forth. The actors in this discourse do not attempt to provide
evidence for political corruption and rarely insist that their conceptual-
isation of corruption be legally codified. Moreover, the main argument
in this discourse is that corruption originates in the incumbent political
parties’ elitist approach to transitional processes. According to this view,
a majority of the population is excluded from decision-making processes
around economic and political reforms, such as privatisation, which are
1 INTRODUCTION: POLITICAL SCANDALS AND TRANSITION IN SERBIA 13

the main generators of corruption scandals. This group consists mainly


of members of grass-roots organisations, such as minor-shareholders’
associations, critical non-governmental organisations and so forth. Their
views are rarely represented in the mainstream media, but are dissemi-
nated by digital technology and the Internet, or at demonstrations and
rallies. A somewhat different articulation of this discourse surfaced at the
end of the study period, and this time it was members of the business
community who advocated this view. From this perspective, various state
policies, including taxation and granting subsidies to specific economic
sectors, represented legalised and institutionalised corruption as they dis-
torted the functioning of the free market.
It is of the utmost importance to emphasise that the aforementioned
groups of actors and the understandings of corruption they articulated
in discourses are not mutually exclusive. On several occasions, as will
be pointed out in the analysis, certain actors advocated more than one
discourse, or different groups of actors formed discourse coalitions that
increased the visibility and transformative potential of their ideas.

The Anti-corruption Debate and Political Dialogue


in Serbia

There is a widespread belief that the numerous scandals in Serbian pol-


itics do not contribute to the fight against corruption; rather, they
strengthen the belief that all Serbian politicians are dishonest, that state
institutions are inefficient, and what is more, that scandals cause politi-
cal disengagement and apathy. This research challenges that view, show-
ing instead that the anti-corruption discourse represents a vibrant and
dynamic public space in which social groups voice their discontent and
passionately and persistently defend their interests. Moreover, this book
argues that corruption scandals have created an authentic network of
meanings—a political language—which has made it possible for a specific
form of discursive conflict to take place in public debate. As the book
shows, in Serbia scandals represent politics by other means, involving
persuasive communication, careful consideration of one’s opponents’
views and readiness to join the debate in order to defend certain inter-
ests. Although the public debates studied did not lead to a consensus on
important issues—such as what constitutes an act of corruption, or what
state interest is and how it should be defended—the discursive conflicts
14 M. ZURNIĆ

achieved one important goal: they brought a political dialogue to a


Serbian society that is deeply divided along political, social, regional, eth-
nic and gender lines.
As the book will show, during the study period (2000–2012) there
was a lack of consensus in the anti-corruption discourse over a variety of
issues affecting Serbian society. Actors took positions that were strongly
opposed to each other, and on some issues were irreconcilable. The
literature on democratisation in Serbia, based on modernisation the-
ory, tends to account for this tendency by interpreting it as dissonance
between society’s norms and values (for empirical elite research, see
Lazić 2011; Cvejić et al. 2010). From this perspective, a concurrence
between norms and values is necessary for the reproduction of social
relations, but it is not unusual in post-communist transition countries for
there to be a pronounced lack of concurrence. Moreover, according to
this view, the dissonance between norms and values in countries under-
going democratisation is expected to decrease as capitalism is consoli-
dated and processes of social stratification advance.
However, political developments since the end of the study period in
this book suggest that it is possible to reach different speculative con-
clusions. It is reasonable to argue that public discontent with state poli-
cies and the lack of opportunities to bring about change through existing
structures have triggered the emergence of new forms of political action.
The emergent autonomous activism and the empowerment of the civic
sphere have brought about a significant reconfiguration of Serbia’s polit-
ical sphere. Ever more local pressure groups and civic movements are
getting involved in politics, organising civic protests and acts of non-vi-
olent direct action and mobilising citizens to take part in acts of civil
resistance, addressing burning social issues such as the rise in unemploy-
ment resulting from de-industrialisation and controversial privatisations.
A number of other issues are affecting local communities, including the
ongoing process of intensive gentrification, the lack of adequate envi-
ronmental protection policies and so forth. Some civic organisations in
Serbia have developed into more formal structures and are already taking
part in party politics, running in local elections, campaigning for polit-
ical candidates or working to increase voter turnout, such as the initia-
tive Don’t let Belgrade d(r)own and the association It’s Enough–Restart.
Other groups remain active in extra-institutional politics, organising
direct action in situations where this could help solve a social issue.
1 INTRODUCTION: POLITICAL SCANDALS AND TRANSITION IN SERBIA 15

It is reasonable to believe that civic activism in Serbia will become a


more widely accepted way of engaging in politics and that local initiatives
will develop stronger connections with regional and international civic
movements. In this respect, the discursive conflicts about corruption scan-
dals that are the focus of this book can be viewed from today’s perspective
as a decade-long attempt by various social actors to become involved in
managing the social issues that concern them. As this book shows, the
attempt was unsuccessful, since the public debate on corruption failed to
bring about any long-term change that was able to prevent and punish
the practices the actors in the public debate understood as corruption.
Thus, it is likely that what the bulk of the democratisation literature
interprets as a normative-value dissonance is more than just a sign of
disharmony and a deviation from the “generally accepted” understand-
ing of social reality. It is more productive from an academic and politi-
cal perspective for researchers, practitioners and citizens to recognise and
understand the potential for social change that civic activism can bring to
Serbian politics. If this trend of civil resistance gains momentum in the
near future, it could potentially create the conditions for a more demo-
cratic politics.

The Wider Relevance of the Book


The aim of this work is to contribute to existing studies of corruption
by examining discourse and concept formation in a post-communist state
undergoing democratisation. It challenges the view that the concept
of corruption has always been understood as a conflict between private
interests and the public good, as these concepts are defined in Western
democracies. The book also explores how the anti-corruption discourse
has been used for political mobilisation and in government politics gen-
erally. This approach contributes to the debate over the link between a
lack of consensus on how to define corruption and the perceived level of
corruption, resulting in dissatisfaction with democracy.
Secondly, the book constitutes an addition to the literature on polit-
ical scandals. It is the first work to thoroughly examine the relationship
between corruption scandals and transitional processes and challenge
the view that corruption scandals are only possible in consolidated
democracies.
Furthermore, it contributes to the debate over the effectiveness
of externally driven anti-corruption policies and thus supplements the
16 M. ZURNIĆ

literature on Europeanisation by offering a critical perspective of top-


down processes that fail to become functional at the national institu-
tional level.
Lastly, an important contribution of this book is its innovative frame-
work for parallel analysis of anti-corruption discourse and policy within
the context of national and international political developments. This
framework advances research on corruption and is applicable to other
transitional states and societies. For example, Montenegro, Bosnia and
Herzegovina, the Former Yugoslav Republic of Macedonia (FYROM)
and Kosovo (the latter under UN and EULEX administration) also deal
with corruption in contexts of peacekeeping, institution-building and
state-building, in addition to the EU accession process. Researchers
looking at political corruption in post-Soviet states, including Ukraine
and Russia, may find this approach fitting, as armed conflict and eco-
nomic sanctions in those countries result in trends similar to those seen
in Serbia, as analysed in this book.
The book communicates with a wide range of audiences, such as
scholars concerned with the study of corruption or discourse analysis and
political scandals. Political sociologists interested in the modern history
of the Balkan region’s transitional countries, and Serbia in particular, will
find the book of interest. Political scientists may gain better insight into
party politics and institutional formation, as the book explains how key
policy issues are developed in new democracies. Furthermore, the indi-
vidual case studies can be read as self-contained accounts of each par-
ticular subject area. For example, Chapter 5 will appeal to students of
nationalism and Chapter 6 to global political economy scholars, while
Chapter 7 contributes to debates on global health security. In addition to
its academic audience, the book’s empirical content will appeal to practi-
tioners, non-governmental organisations and media outlets dealing with
corruption and organised crime. The book combines the terminology of
corruption studies, political theory and narratives, making it an interest-
ing and engaging read for the broader public beyond academia.

Plan of the Book


The book is structured as follows. Chapters 2 and 3 offer a brief over-
view of the recent past of Serbia and Yugoslavia. Chapter 2, Yugoslavia
from Kingdom to Socialist Federation: Political Order and Political
Corruption, starts with a brief discussion of the Kingdom of Yugoslavia,
1 INTRODUCTION: POLITICAL SCANDALS AND TRANSITION IN SERBIA 17

but largely focuses on the socialist period. Chapter 3, Milošević’s Rule


and Corruption, focuses on Serbia during the 1990s, following the
demise of the socialist state. Both chapters explore the notion of cor-
ruption, including the concepts of state, power, interest and property, as
they were understood in public discourse and in the institutional setting
of the given historical context.
Chapter 4, Confronting Corruption in Post-Milošević Serbia: Discourse
and Institutions focuses on the Serbian authorities’ anti-corruption
efforts since Milošević’s removal from power in 2000. The chapter
focuses first on the dynamic relation between discourse and institutions
and presents a binary classification for scandals based on the level of
institutional response, drawn on empirical evidence from the Serbian
case. The chapter then shows that the post-2000 authorities in Serbia,
driven mainly by external forces such as the EU accession process, con-
fronted the issue of corruption by strengthening the legal and regulatory
framework. The chapter argues that the newly established institutions
contributed to the consolidation of a notion of corruption based on the
distinction between the public and private spheres, as it is conceptualised
in international frameworks, including that of the EU.
The next three chapters analyse six political scandals, discussing the
nature of the anti-corruption debate and its impact on institutions.
Chapter 5, Money-Laundering and Privatisation: The Money in Cyprus
Scandal and the Privatisation of Jugoremedija, presents two political
scandals from the early post-Milošević years relating to organised crime
and privatisation. The Money in Cyprus Scandal concerns the investiga-
tion of a money-laundering scheme that the Milošević regime developed
with Cypriot banks. The second scandal, concerning the privatisation of
pharmaceutical company Jugoremedija, focuses on distributive conflicts
that emerged as a reaction to the irregularity of the privatisation process.
The contested concept of corruption here includes the notion of individ-
ual economic rights and the possibility of equal participation for all social
actors in the economic transformation process.
This chapter describes the emergence of a political discourse on
corruption in Serbia and explains the role this discourse played in
Milošević’s removal from power in 2000. Furthermore, the chapter gives
an account of the re-conceptualisation of political corruption in public
debate in Serbia. The chapter’s central argument is that political corrup-
tion shifted from being seen as a betrayal of national interests or a failure
to protect state sovereignty during the Milošević regime to a conception
18 M. ZURNIĆ

based on a clear distinction between the public and private spheres. At


the core of the new concept of corruption were the use of public money
for private gain and a lack of transparency in political decision-making.
The findings suggest that the Money in Cyprus scandal contributed sig-
nificantly to the delegitimisation of the Milošević regime, resulting in it
being characterised as authoritarian and corrupt. However, the scandal
did not produce any long-term impact on anti-corruption institutions.
The chapter argues that the anti-corruption discourse in Serbia lost its
transformative potential soon after the change of regime.
Chapter 6, State, Interest and Political Corruption: the Bankruptcy of
Sartid and the Privatisation of C Market, focuses on two scandals con-
cerning the privatisation of the Sartid steel factory in the heavy industry
sector and the C Market food retail company. The discussion reveals the
relation between the concepts of corruption and the national interest.
At the time the scandals surfaced, Serbia was dealing with problems of
territorial integrity, state sovereignty and national identity, owing to the
dissolution of the state union with Montenegro in 2006 and Kosovo’s
declaration of independence in 2008, concurrent with the EU accession
process, which had started in 2005. The chapter argues that the under-
standing of corruption in public debate was largely based on the concept
of state interest, which was articulated differently by the various actors
involved in the discussion. There was a sharp division between views that
saw the state’s interest as promoting and strengthening the free market
or alternatively as protecting the national market from foreign capital.
Chapter 7, Institution-Building and Institutionalised Corruption:
the Port of Belgrade Privatisation and Swine Flu Scandals, analyses two
highly controversial scandals over the privatisation of part of Belgrade’s
transport infrastructure—the Port of Belgrade—and the procurement of
flu vaccine. These scandals emerged in a period marked by economic cri-
sis and unstable government (2008–2012). In both cases, the anti-cor-
ruption debate focused on the selectiveness of the state’s anti-corruption
efforts. Here, the concept of political corruption was contestable in the
sense that participants in the anti-corruption debate accused all other
actors of reinforcing corruption mechanisms, either discursively or by
adopting inadequate legislation—the latter being known as institutional-
ised corruption. The chapter argues that these two scandals had no direct
influence on the institutional anti-corruption framework, which agrees
with the findings of the previous two empirical chapters.
Another random document with
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“When did you enter into this contrac’?”
“That’s my business. Hang it, man! d’you think I’m goin’ to tell you
my business? You’ve got another guess comin’.”
Henry Cope was decidedly warm and wrathy.
“Keep y’ur shirt on,” advised Riley. “Mebbe you’ll state when you
fust entered into negotiations with Locke?”
“Mebbe I will—and, then again, mebbe I won’t. What’s that to you?
You ain’t got nothin’ to do with it.”
“Don’t be so cocksure about that. You oughter know the rules and
regerlations of the league. The manager or backers of any team
can’t negotiate or dicker with a player who is negotiatin’ with any
other team in the league.”
“What of it?”
“What of it!” croaked Mike Riley, twisting his thumb into the
glittering infant logging chain that spanned his waistcoat. “Just this: I
may have a claim on Tom Locke myself, on the ground of first
negotiation with him.”
Cope rose to his feet. He was perspiring freely, and the expression
on his usually mild face was one of deepest indignation.
“Looker here, you man,” he cried. “Just because you’re manager
of a bullyin’ baseball team you can’t come here and bully me. I’ve got
a pitcher that can make monkeys of your bunch o’ players, and you
realize it, so you want to gouge me outer him somehow. But it won’t
work, Riley—it won’t work. You never heard o’ Tom Locke in your life
till you heard of him pitchin’ for Kingsbridge. You never saw him till
you saw him right here in this town. Now you come round and make
a bluff that you’ve got a previous claim on him. That’s your style, but
it don’t go in this case.”
“I acknowledge,” admitted Riley coolly, “that I never heard of Tom
Locke before that time.”
“Ha! I knowed it!”
“But,” said the Bancroft manager, having removed the cigar from
his mouth, “I have heard of Paul Hazelton, of Princeton, and I hold
fust claim on him, ’cordin’ to the rules of the Northern League!”
Riley had shot his bolt, and, judging by appearances, it had struck
home. Henry Cope stood dumfounded, his mouth open, some of the
color aroused by his wrath slowly leaving his face. His expression
was as good as a confession that the Bancroft manager had made
no mistake in naming the man.
Fancy Dyke chuckled with satisfaction. The corners of Riley’s thick
lips were pulled down; his eyes bored Cope mercilessly. After a time,
the Kingsbridge man caught his breath, fumbled for his handkerchief,
and mopped away the cold perspiration on his face, his hand not
quite steady.
“How—how’d you ever git that idea?” he asked weakly. “What ever
give ye the notion that his name was Hazelton?”
Riley was thoroughly satisfied; he knew beyond a doubt that he
had hit the nail on the head. Returning the cigar to his mouth, he
said grimly:
“Did you have a notion you could wool me, old boy? It’s my
business to know ’bout ball players, and when I don’t know it’s my
business t’ find out. I was negotiatin’ with this man Hazelton last
December. I s’pose he used my offer to pry a bigger one outer you,
which is just what the league rule coverin’ the point was made to
prevent. That rule was adopted so players couldn’t work one
manager agin’ another; likewise, so one manager couldn’t bother
another by monkeyin’ with players he was arter. We’ll fix this up;
Kingsbridge can transfer Hazelton to Bancroft.”
“Hold on! Hold on!” sputtered Cope desperately. “I ain’t said you
was right; I ain’t acknowledged Tom Locke’s name is Hazelton.”
“You don’t have to,” returned Riley; “I know it. You can send him
down to us in the mornin’. Just to save argument, I’ll pay him the
same sal’ry you’re payin’, though I reckon it’s more’n I offered him.”
He made a move to depart.
“Hold on!” cried Cope again. “You’ll never git him. We won’t give
him up.”
“Oh, won’t ye? Then you oughter know what’ll happen. He won’t
be ’lowed to pitch ag’in, and the games he’s pitched a’ready will be
thrown outer the percentage count. You better think it over calm and
reasonable, Cope. Good night.”
CHAPTER XXIII
LEFTY’S FICKLE MEMORY

T hey left him there, shaking with rage. He heard them laugh
outside the door when it had closed behind them, and he lifted
and shook both his fists in their direction.
“Ye shan’t have him!” he snarled. “I’ll never give the boy up! It’s
one o’ Bancroft’s mean tricks. They’ll do anything to get ahead of
Kingsbridge. It’s a measly shame they’ve tumbled to who the
youngster is. I’d give somethin’ to find out how that happened.”
He stopped suddenly, a hand lifted, his head thrown back, his
mouth open.
“I know!” he breathed. “That must be th’ way it was. Bent King
come to me and asked a heap of questions ’bout Lefty—where was
he from, how did I find him, was he a college man?—and all that. I
didn’t tell him nothin’, but all the time I had an oneasy feelin’ that he
knowed more’n was a good thing f’r him to know. If Bent’s been and
blowed he oughter be shot!”
Henry Cope did not sleep well that night, and he rose in the
morning at an unusually early hour, even for him. When he appeared
at the Central Hotel and inquired for Locke, he was told that Tom
was not yet up, and did not often get to breakfast before eight
o’clock.
“I’ve got t’ see him right away,” said Cope. “I’ll go up to his room.
It’ll be all right.”
“I wonder what’s the matter with him?” said the clerk to a bell hop,
when Cope had hurried away up the stairs. “He looks all broke up
this morning.”
“Mebbe the groc’ry business and baseball is too much for him,”
grinned the boy. “He’s fussin’ over the team all the time. What did
they hire a manager for? Why don’t he let Hutchinson run the ball
team?”
Cope knocked twice at the door of a room. After the second knock,
a sleepy voice asked who was there.
“It’s me,” answered the man outside. “It’s Mr. Cope. Somethin’
important. Got to see ye right away.”
In a few moments the door was opened, and Locke stood there, in
pajamas, yawning.
“It must be important to bring you around this hour, Mr. Cope,” he
said, with a sleepy laugh. “Come in.”
When the door was closed, the grocer faced the young pitcher.
“Hazelton,” he said, “why didn’t y’u tell me you had been negotiatin’
with Riley?”
Much of Locke’s sleepy appearance vanished.
“What’s that?” he asked sharply. “Negotiating with Riley? What are
you talking about? I haven’t been negotiating with him. What do you
take me for, Mr. Cope? Do you think I would do a thing like that after
entering into an agreement with you?”
“I don’t mean that you’ve been dickerin’ with him since then, but
before. You never told me that Riley had made any proposition to ye
to pitch f’r Bancroft this season.”
“Who says he did?”
“He says so. He came here last night and stated that he had fust
claim on ye, ’cordin’ to the rules of the league, which bars any
manager from tryin’ to git a man another manager is negotiatin’ with.”
Tom Locke was very wide awake now.
“How could he make any such claim. It is preposterous, Mr. Cope,
as you ought to know. I hope you haven’t let that man bluff you. Why,
he doesn’t know who I am!”
“Oh, but he does—that’s the thing of it. He came to my store, ’long
with Fancy Dyke, and told me just who you was—called you by your
right name.”
The younger man sat down suddenly on the edge of the bed, a
startled expression on his face. For some moments he stared at the
caller, as if at a loss for words.
“I don’t understand how he got wise,” he finally said slowly. “Called
me by my right name, did he?”
“Yep; said he knowed you was Paul Hazelton, of Princeton, and
that he was negotiatin’ with ye last December. Now, what I want to
know is if there’s any truth in that statement. If there is, we’re in a
hole. Did you git a letter from him? Did you write him an answer?”
To the increasing surprise and alarm of Cope, the pitcher seemed
to hesitate about replying.
“Did ye? Did ye?” cried the older man impatiently. “Why don’t ye
answer? You know whether you got such a letter or not, don’t ye?
You know if ye answered it? What’s the matter? Answer! If you done
that, we’re in a hole. They’ve got it on us. And to think of that, just
when we was holdin’ the best hand over them! Speak up, boy!”
“I am trying to think,” said Locke.
“Tryin’ to think! Look here, you told me you’d never done anything
like this before—you’d never played baseball f’r money. Now
anybody’d s’pose you’d had so many offers you couldn’t remember
’bout ’em. You was mighty partic’lar to have it ’ranged so nobody’d
be likely to find out who you was.”
Lefty smiled a bit ruefully.
“Apparently all that precaution was wasted,” he said. “I give you
my word, Mr. Cope, that I have no recollection of ever receiving a
letter from Mike Riley, and I am doubly certain that he holds no
communication from me. You know I did not send you a written
answer to your proposition. A college pitcher who wrote such letters,
and signed them with his own name, would prove himself a fool.
He’d never know when the letter might bob up to confound him. It
would be evidence enough to get him dropped from his college team
in double-quick time. No, I am positive I never wrote to Riley.”
Cope breathed somewhat easier, although he was still very much
disturbed.
“Then, even if he writ to you, there wasn’t no negotiations, for it
takes two parties, at least, to enter inter negotiations. He’ll find he
can’t bluff me on that tack.”
“Give me time—all I ask is a few days—and I can answer
positively whether or not he ever wrote to me.”
“That don’t make no diff’runce, if you didn’t answer it. He’ll find
he’s barkin’ up the wrong tree when he tries to bluff me outer a
pitcher that fashion.”
“I presume there will be more or less publicity over this contention,
and that’ll be unfortunate—for me.”
“Yes, I’m worried over that. Riley’ll be sure to let ev’rybody know
that you’re Hazelton, of Princeton, though mebbe it won’t git outside
the Northern League to bother ye when you go back to college.”
“Maybe not, but the chances are that it will, if Riley makes much of
a roar over it.”
“But you won’t quit?” cried Cope, in sudden panic. “If he tries to
frighten ye out by threatenin’ to blow the matter broadcast, you won’t
let him drive ye that way? Great Scott! That would fix us! It would be
almost as bad as havin’ to give ye up to them.”
“I am not much of a quitter,” answered the other man, with a smile.
“It will be a mighty bad thing to have the facts made public; but, once
I’ve set my hand to anything, I seldom turn back. I don’t think you
need to worry about losing me, Mr. Cope.”
The storekeeper rushed forward and seized the young pitcher’s
hand.
“Good f’r you!” he spluttered. “That’s the stuff! We’ll hold Bancroft’s
nose right to the grindstone; we’ll put the wood to ’em this year. But
I’m mighty sorry, on your ’count, boy; it’ll be tough if you’re really
chucked off your college team.”
“Well, we won’t worry about that,” laughed Locke, rising and
returning the hearty handshake. “We’ll have to take things as they
come. It’ll give me additional satisfaction now to down Bancroft. I
have a personal feeling about it.”
CHAPTER XXIV
A MATTER OF VERACITY

N ear eleven o’clock that forenoon, Henry Cope saw Benton King
passing his store. Immediately he hurried out, calling to the
young man.
“Hey, Bent!” he cried. “Want to see ye a minute. Come back here,
will ye?”
King came back.
“What’s the matter, Mr. Cope? You seem somewhat disturbed.”
“Come inter my office, won’t ye? I want to ask you a few
questions. ’Twon’t take long.”
King glanced at his watch. He was wearing a woolen shirt and his
ordinary mill clothes, but even in such common toggery he was a
rather handsome young fellow.
“All right,” he said; “I’ve got ten minutes to spare.”
He was speculating a bit as he followed the storekeeper into the
cramped private office.
“Set down,” invited Cope.
“I prefer to stand, if you don’t mind.”
“All right. I’ll come right to the p’int. I s’posed you was ruther
interested in our baseball team, and I didn’t cal’late you’d do
anything to hurt it.”
“You were quite right,” said Bent.
“Well, if that’s the case, why have you been tellin’ that Tom Locke
is a college pitcher from Princeton? Why did you go and put such a
notion into the noddles of the Bancrofters? What made you give
Mike Riley such an idea?”
The young man frowned.
“Who says anything of the sort? I have never mentioned this fellow
you call Locke to Riley, or any other Bancroft man. I wish you would
explain how you got the impression that I had.”
Cope told of Riley’s visit and his threat, Bent listening with great
interest, which the expression of his face indicated.
“You’re the only person ’round here,” the storekeeper concluded,
“who has said anything about Tom Locke bein’ anybody ’cept what
he calls himself. You come to me and tried to pump me ’bout him.
You said you’d got the notion that Locke was Hazelton, of Princeton.
Now, somebody put Riley onter that, and if it wasn’t you, who was
it?”
“I’m unable to answer your question, Cope; but I assure you that it
was not I. But it is quite evident that I was not wrong in believing I
knew Mr. Locke; he is Hazelton, of Princeton—isn’t he?”
“Now, that don’t have nothin’ to do with it. I told ye before when
you asked me that you’d have to go to somebody else to find out.”
“Which was practically a confession that I had scored a bull’s-eye.
I was right.”
Cope puckered his face and rapped impatiently on his desk with
his knuckles.
“Well, now, s’pose you was right, do you want to make a heap of
trouble for the team by publishin’ it and gittin’ us mixed up with
Bancroft in a fuss over him? Was that your objec’? Is that the way
you help your own town team to down them Bullies?”
“Hardly. I had quite a different object, believe me. What it was
does not concern you at all, Cope; it’s my own affair. However, if the
fellow has been using Bancroft as a cat’s-paw to help him squeeze
Kingsbridge for a fancy salary, it will serve him right if he gets it in the
neck, and finds himself barred from both teams. That’s the way I look
at it.”
Cope sprang to his feet excitedly, almost choking in the effort to
utter the words which rushed to his lips. He was mightily disturbed,
and, as usual when overwrought, he perspired freely.
“But he says he never done nothin’ of the sort, and he wouldn’t
lie.”
“Wouldn’t he?” said Bent, with a faint sneer. “Why not?”
“Because he’s an honest young feller—honest and square as a
brick.”
“How do you know that? Let me tell you, Cope, that a college man
who will play summer ball for money, under a fictitious name, is not
honest; and such a fellow wouldn’t choke a little bit over a lie.”
“Y’u’re wrong ’bout this chap—dead wrong; he’s on the level.”
“He may be,” admitted King, preparing to depart; “but I have my
doubts. I wouldn’t trust him out of sight. Why, such a man might
double cross you any time. He can be bought and sold. It may be a
very good thing for the team to dispense with his services.”
Having said this, he left the office and the store, heedless of some
parting words from Cope, who was far more agitated than he had
been before the interview.
There was triumph in Benton King’s heart, for the last shadow of
uncertainty regarding the identity of Kingsbridge’s star pitcher had
vanished. He had felt before that he was on the right track, but now
he was positive about it; Henry Cope’s refusal to answer his point-
blank question had been admission enough.
CHAPTER XXV
THE TEST AND THE DENIAL

A t the post office, as he had hoped, King met Janet. Since


Sunday, he had scarcely caught a glimpse of her, but he knew
she sometimes came for the mail near that hour, and the knowledge
brought him there from the mill. As she was leaving, he joined her,
making an excuse to walk in the same direction.
They chatted about various trivial things, Janet seeming quite
light-hearted. He, however, was troubled; he wished that she would
speak of baseball, which would make it easier for him to introduce
the matter that was on his mind. Coming in sight of the parsonage at
last, he decided to delay no longer.
“I understand,” he said abruptly, “that Kingsbridge’s great pitcher,
Locke, is in trouble.”
“In trouble?” she exclaimed, surprised. “How?” The undisguised
depth of her interest, and her all too apparent alarm, gave him a stab
of anger.
“Oh,” he answered, with pretended carelessness, “it has just
leaked out that he played a rather slick two-handed game with
Bancroft and Kingsbridge, and Mike Riley is making a holler about it.
He professes to hold first claim on the man. If so, this town will lose
the mighty southpaw.”
Her alarm became almost panicky.
“I don’t understand, and I don’t believe a word of it. It’s only
another of Riley’s tricks. How can he have any claim on Lefty?”
He explained.
“Oh,” said Janet, “is Lefty really and truly a college man? I felt sure
he could not be just an ordinary professional player. He seems far
too refined and well bred.”
“He’s a college man, all right. He looked familiar to me at first
sight, but I was not sure I had seen him before. His name is
Hazelton, and he did some pitching for Princeton this year, but I don’t
think he was a regular on that team until the end of last season. I
suppose he thought that, coming away up here in the bush, he could
get by under a fake name without being found out. They’re wise to
him, however, and now he’s in bad. It should end his career as a
college pitcher.”
“That would be a shame!”
King shrugged his shoulders.
“Why so? A college player who goes into the game professionally
deserves no sympathy if exposed. He’s crooked, and he has no right
ever again to appear on his college nine.”
“I don’t believe Lefty would do anything crooked,” she declared
stoutly. “He has an honest face. You’re prejudiced against him,
Bent.”
“It isn’t prejudice,” was his defense. “The facts speak for
themselves. If he is Hazelton, of Princeton, playing here under a
false name, he’s dishonest.”
“Then I don’t believe he is Hazelton, at all.”
They had stopped at the cottage steps.
“I have wired for proof,” he said grimly. “I did so Monday, and I’ll
know positively before long. Already, however, I am quite satisfied;
for if the man isn’t Hazelton why should Riley make such a claim?
And why doesn’t Henry Cope deny it?”
“I didn’t think it of you!” she cried, her face flushed and her eyes
scornful. “I didn’t think you would do such a thing, Benton King.”
“I wished to satisfy myself regarding the man’s honesty,” he
explained, still standing on the defensive. “I had no intention of
making public such knowledge as I might obtain about him. I’ll own
up that I did mean to tell you, for I wished you to know just what sort
of a person he is. You’re altogether too interested in him, Janet, and I
care too much for you to see you fooled by a fellow of his character.”
She tossed her head.
“I think your motive was purely personal.”
“Janet!” he exclaimed reproachfully.
“I can’t help it! I can’t help thinking so! I won’t believe Tom Locke is
deceptive, dishonest, crooked; and it seems that is what he must be
if he, a college man, is playing here for money under a false name.”
“Just so. And, as he happens to be coming down the street this
minute, we’ll put him to the test. Will you let me ask him a few
questions before you?”
She had turned swiftly to look; her face lost some color as she saw
Locke, accompanied by two other players, all in uniforms, coming
that way. They had been at the field for morning practice, and, after
making a cut across lots, were following that street back into town.
As Janet hesitated, doubtful, and ready to hurry into the house,
King again sought permission to interrogate the man while she
listened.
“If you will leave it to me,” he promised, “I’ll not embarrass you by
giving him reason to believe we have had a discussion about him.”
“Very well,” said the girl faintly, standing her ground.
Locke and his companions lifted their caps as they drew near, and
Bent, unsmiling, lifted his hat. In a cold voice, he called:
“O, Locke, I say, would you mind stopping a moment?”
A flicker of surprise passed over Lefty’s face. He stopped, and his
companions went on.
“How do you do, Mr. Locke?” said Janet, in a voice which she tried
hard to keep steady.
“I didn’t see you at the game Tuesday, Miss Harting,” said the
pitcher.
“I wasn’t there. I should have enjoyed it, but father is opposed to
the game, and objects to my attending.”
“You will be missed.”
King’s teeth clicked, and the frigid expression on his face was
blotted by a hot frown. He measured Locke with his eyes, getting for
the first time the impression that the man was far better set up than
he had supposed, and not quite as slender. Also, he was struck by
the conviction that Locke was older than he had fancied; although
his face looked somewhat boyish—particularly so at a distance,
upon the baseball field—upon closer inspection it appeared more
manly and seemed to possess a certain sort of dignity. Surely there
was nothing common or ordinary about the fellow.
“Pardon me, Locke,” said Bent, “but—do you know?—you’ve
puzzled me a bit!”
“Really? In what manner?”
“At first sight of you, last Saturday, I felt that I had seen you
somewhere before. I’m sure of it now.”
“I don’t recall ever having seen you outside of this town.”
“That’s not strange. I’m not a baseball player, although I am a
Harvard man. Yes, there’s no doubt about it, I have seen you.”
“When?” asked Locke, as if the question came from unwilling lips.
“Where?”
“At Cambridge,” asserted King, keeping his eyes fixed
unwaveringly on the other man’s face, “a year ago this past spring,
when Princeton played Harvard. You did not pitch, but you were on
the Princeton bench.”
There was a hush, in which Bent, still keeping his eyes fixed on
Locke’s face, could hear Janet breathing quickly through her parted
lips. His heart leaped, for Lefty was faltering, and it seemed that the
girl must perceive the faint shade of dismay that passed over his
face.
“I think you are mistaken,” said the pitcher, breaking the silence at
last.
King laughed.
“You think so! Really? Then perhaps you will deny that you were
there?”
“Yes.”
“What?”
“I deny it.”
“Do you mean to say you were not there?”
“I was not there.”
Swiftly lifting his hand, Benton pointed a level, accusing finger like
a pistol at Locke’s face.
“Perhaps,” he cried, “you will make an additional denial. Perhaps
you will deny that you are Paul Hazelton, of Princeton?”
Janet leaned forward, her hands clasped, her blue eyes full of
suspense. So much depended on the forthcoming answer! If he were
to confess that he had been named by King, she felt that henceforth
she must hold him in disdain as being all that Benton had asserted
he was. But if he should deny it— His lips parted to reply:
“Most certainly I deny it! I am not Paul Hazelton, of Princeton.”
The girl uttered a little cry of joyous relief:
“There, there! You see—you see, you were mistaken, Bent. I knew
—I knew you must be! I knew it could not be true. I was sure Lefty—
he—Mr. Locke wouldn’t do a thing like that. I’m so glad!”
But, although surprised by the man’s nerve, Benton King was not
jostled from the perch of belief on which he had settled. He had
thought that the fellow, fairly cornered, would not dare to make a
point-blank denial. It seemed, however, that Locke had elected to
play the hand out, even with the leading trumps against him. He
turned and smiled into the blue eyes of the rejoicing girl.
“And I am glad to know you felt so sure I wouldn’t do a thing like
that. I trust your confidence in me may never waver.”
“For real, pure bluff,” thought Bent King, “that’s the limit! But it’s a
losing game. He’s fouled himself now for fair.”
Getting his breath, he spoke aloud:
“It’s strange I should make such a mistake, Mr. Locke—very
strange. Of course, I know that many college players go in for
summer ball on the quiet. Just to satisfy my own curiosity, I’ve sent
for some information concerning Paul Hazelton, who made a record
by pitching and winning two of Princeton’s big games recently. Of
course, as you say you are not Hazelton, I might have spared myself
the trouble. Still, if the friend to whom I sent can get hold of a picture
of Hazelton, it will be amusing to make a comparison between that
likeness and yourself, just to see how strong the resemblance may
be. I have an idea that Hazelton is almost your perfect double.”
“It would be rather odd, wouldn’t it, if it should prove so?” smiled
Locke coolly. “Still, such things sometimes happen. I think I’ll hustle
along to the hotel. Good morning, Mr. King. Good morning, Miss
Harting. I trust I’ll soon have the pleasure of seeing you again at the
games.”
They stood there and watched his retreating figure until he passed
from view round a corner. Janet’s face, though showing satisfaction,
was a bit haughty and accusing as she spoke to Bent.
“I hope you realize now,” she said bitingly, “that you have made a
big blunder.”
“No,” he returned, “it was that man Hazelton who made the
blunder in denying his identity.”
“Why—why, do you still think—”
“I haven’t the slightest doubt in the world—he is Paul Hazelton. I’ll
prove to your satisfaction, Janet, that he is not only dishonest, but a
most contemptible liar, as well.”
CHAPTER XXVI
WAS IT A BLUFF?

K ingsbridge was to play at home that day, with Lakeport. It being


the middle of the week, the crowd on hand at the hour for the
game to begin was not more than one-third as large as the average
Saturday attendance.
The enthusiasm aroused by the two clean victories over Bancroft,
however, was sufficient to bring out nearly every interested
Kingsbridger who could come; and many who knew they should not
do so came, temporarily neglecting their business. Soothing a
troubled conscience is often the task of the howling fan on the
bleachers, and if games were never attended save by those who feel
that they have a perfect right to attend, the gate receipts would
dwindle frightfully.
Henry Cope arrived as the locals were getting in the last round of
practice before the contest started. Hutchinson had his eye out for
the storekeeper, to whom he beckoned at once, rising from the
bench.
“Well,” said Cope, as he came up, flushed, “how’s things lookin’ to-
day?”
“All right, as far as this game is concerned,” replied the manager,
in his unenthusiastic way; “but I have something in my pocket that’s
got me guessing.”
“Hey? What is it?”
“A letter from Mike Riley, received to-day noon.”
“Oh, is that so?” snapped Cope, instantly deciding that he knew
something as to the tenor of that letter. “Well, what’s that bullyraggin’
bluffer got to say? Lemme see it.”
“I’ll show it to you later, when we’re not quite so conspicuous. I can
state the gist of its contents accurately, for I’ve read it over several
times. Riley asserts that, according to Rule Fourteen of the by-laws
of the Northern League, he holds first and undisputable claim to the
pitcher who has been working for us under the name of Tom Locke.”
“The dratted snake!” rasped the storekeeper. “He can’t gull me!
There ain’t nothin’ to it, Hutchinson, so don’t you let him git ye on a
string.”
“Are you sure there’s nothing to it? He demands that we surrender
the man to Bancroft at once, and says he has already notified you of
his claim.”
“Oh, yes, he’s notified me, in a way; and I practically told him
where he could go. It’s a put-up job to gouge us out of a pitcher
that’s got the whole o’ Bancroft scared pea green. We’ve got ’em
goin’, and they’re afraid they can’t beat us on the level, so, arter their
usual style, they put up a job to weaken us by stealin’ our pitcher.
That’s Bancroft out an’ out, and Mike Riley’s a good tool to work the
trick for them; but he can’t work it—he can’t, I tell ye!”
“Doubtless you know more about the merits of the case than I do,”
said Hutchinson calmly; “for you signed this man who calls himself
Locke. Riley says Locke is a Princeton College pitcher by the name
of Hazelton. How about that?”
“Riley thinks he’s wise,” returned Cope evasively, “but mebbe he
don’t know as much as he’s got a notion he does. Anyhow, whether
Locke is Hazelton or not, I’m dead sure Bancroft ain’t got no legal
claim to him.”
“I hope you’re right, of course, for Locke seems to be a fairly good
pitcher.”
“Fairly good—fairly! Why, he’s a ripper, a bird, a wonder! His
match ain’t never pitched the horsehide in these parts.”
“Perhaps not; we won’t argue about that. From his letter, I should
judge that Riley really means to put up a fight for Locke, or Hazelton,
whichever you choose to call him. He states that, unless the man is
immediately released to him, he will make a formal protest to Anson
Graham, president of the league, and he has requested me to call
the attention of the directors of our local association to the matter.”
“Nothin’ but wind. He won’t push it, for he ain’t got a leg to stand
on.”
“He likewise states that, in case we use Lefty again, the protest
will contain a request that all games in which Locke plays on any
Northern League team except Bancroft shall not be reckoned in the
percentage record of such a team. Now, Mr. Cope, if he does push
this thing, and the decision should go against us, it would knock the
stuffing out of our standing in the league. We are also warned not to
use Locke again until the question is settled. Unless you know
beyond the shadow of uncertainty that Bancroft can’t establish her
claim, we’d better hurry the matter to a settlement, or keep Locke on
the bench.”
Henry Cope was greatly wrought up.
“Keep him on the bench! That’s just what Riley’d like to frighten us
inter doin’. If he could only scare us so we wouldn’t dast use Locke
for a while he’d have the laugh on us, whether he proved his case or
not. He’s full o’ tricks as an egg’s full o’ meat.”
“Well, until the matter is settled, I think we’d better use Locke as
little as possible. I don’t believe it would be advisable, under any
circumstances, to run him into this game to-day.”
“This game! I should say not! We’ve got other pitchers for games
like this. We’ll keep Locke special to down Bancroft. If we can’t hold
our own with the rest of the teams with the pitchers we’ve got, we’ll
git more pitchers.”
The umpire was ready, and the game was on the verge of starting,
so Hutchinson returned to the bench.
Despite his outward boldness, Henry Cope was troubled, for it
began to seem that Riley really meant to press his claim, an action
that would be foolish unless he could back it up with proof. The
grocer sought Tom Locke, and drew him away from the bench.

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