The accused for the murder of Marko Vesnić, a citizen of Belgrade, and yesterday, at the beginning of the third trial, denied that they had committed the crime.
The Court of Appeal overturned the verdict of the Podgorica High Court, which sentenced Duško N. Roganović, his uncle Vladimir M. Roganović and Dražen Čađenović to a total of 32 years in prison.
Yesterday, defense lawyers objected to the statement of prosecution witness Branko Đurđević, an employee of the Public Utility Company of City Cleanliness in Herceg Novi, who said that he recognized the defendants in the park in Igalo.
"There are no human eyes that at 4 o'clock in the morning, from a distance of 50 meters, will see the details of a person, even the color of Duško Roganović's hair," said lawyer Zoran Piperović.
Lawyer Dragoljub Đukanović suggested that the records of the identification of the defendants in the police premises should be extracted from the case file, because in addition to Duško and Vladimir Roganović, there were also four policemen on the identification line, "who were not similar to them in terms of age, height and builds, which is not according to the law".
"The defense attorneys were not invited to attend the identification either. In addition, the record of the identification was not made, it was made in handwriting, and then it was copied and typed, but the original handwritten record was not preserved. In this way, the police acted unprofessionally and unprofessionally carried out the work, with the aim of indicting them," said Đukanović.
In the first-instance verdict, it is written that the brothers Roganović and Čađenović - on July 24, 2009, wounded Vesnić with pistol shots, and then injured him with a knife, near the Youth Park in Igalo.
The verdict states that the defendants attacked Vesnić after he left the cafe-bar and sat down on a park bench.
It says that Duško fired several shots from a pistol at Vesnić, and that after that, either Vladimir Roganović or Čađenović stabbed him in the body, while the other prevented him from defending himself.
In the decision of the Court of Appeal, it is stated that the judgment of the High Court is incomprehensible and that it contains significant violations of the criminal procedure.
"It is not possible to conclude which specific actions were taken individually, that is, which of the two injured Vesnić with a knife, and which of them was standing in front," the decision of the Appellate Court states.
The trial continues on February 19.
Piperović requested the abolition of custody
The court rejected the proposal to terminate the custody of the defendants.
Defense attorney Piperović previously referred to the decision of the Appellate Court, from which he concluded that it was not a criminal offense - murder:
"In the repeated court process, there must be a change in the criminal offense, because there will be no such legal qualification, so I believe that there is not a single reason why they are still in custody," Piperović said.
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