Psychiatric expert Dr. Stanko Milić will determine the intensity and duration of the mental pain, but also how much fear and how long the mother, wife and children of Dalibor Đurić suffered, after the man from Kotor was liquidated in the Spuška prison.
The expert testimony was ordered by Nikšić Basic Court Judge Marko Blagojević, accepting the proposal of the representative of the Đurić family, attorney Anja Ivanović.
Dalibor's mother Nevenka, his wife Aleksandra and their minor children are suing for 300.000 euros in compensation from the state.
Judge Blagojević scheduled the main hearing for November 27, and ordered the expert to submit his findings and opinion within 15 days.
It is planned that at the next hearing, the question of the state's responsibility for the damage to Đurić and the amount of the damage will be discussed, as well as Dalibor's mother and wife will be heard.
Sanja Jaredić, the deputy protector of property and legal relations of the state, said in the courtroom that she disputes the grounds for the lawsuit and the amount of the claim.
"I do not dispute that the late Dalibor Đurić was serving a prison sentence in the Institute for the Execution of Criminal Sanctions according to the judgments stated in the lawsuit, but I dispute the basis and amount of the lawsuit," Jaredić said, adding that she stands by all the allegations from the response to the lawsuit.
Lawyer Ivanovic said that the allegations in the response to the lawsuit are groundless and contradict themselves.
The representative of the Đurić family, lawyer Zoran Piperović, said that the state representative, instead of admitting the grounds and asking for a settlement, "explains the groundlessness of the claim in a very unfamiliar way".
"It is about prolonging and obstructing the procedure, which is not fair to the family or the court," said Piperović.
He added that the place where Đurić was killed is inside the Institute for the Execution of Criminal Sanctions:
"And the state is obliged to take care of detained and convicted persons in the same way, regardless of where he was at the time of his death. The deceased Đurić was inside the prison, in a place where it was allowed at that time, because it is illogical that they who are obliged to take care of the prisoners did not allow him to be where he was".
Đurić was killed on September 22, 2016.
A bullet hit him in the gym of the Semi-Open Department of the Penitentiary Home, around 18.15:XNUMX p.m.
Half an hour later he died in the hospital.
The police and the prosecution claim that Dejan Pavićević (45) and Miloš Trbo (31) from Kotor provided transportation to the killer, transmitted messages and destroyed traces and evidence of the liquidation of Đurić.
The two were arrested a few hours after the murder, but the investigators did not discover who pulled the trigger and killed Đurić, as well as the perpetrators of the crime.
The police identified the murdered man from Kotor as a member of the so-called Škaljar clan, which is allegedly headed by brothers Jovan and Igor Vukotić and Igor Dedović.
Inspectors believe that he is also a victim of the cocaine war, which has been raging among Montenegrin criminal clans since the end of 2014, after a load of several hundred kilograms of cocaine was stolen in Spain.
The result of that war were dozens killed and wounded. Among the dead, investigators also recorded accidental victims.
At the end of April 2017, the family of the deceased from Kotor sued the state for Dalibor's murder.
In the lawsuit submitted to the Basic Court in Podgorica, which "Vijesti" had access to, it is written that the state, in accordance with the provisions of the Law on Execution of Prison Sentences, Fines and Security Measures, was obliged to take into account the safety of Kotor residents when housing prisoners.
As evidence that the administration of ZIKS knew that Đurić's safety was at risk, the Basic Court received documentation that the administration of Spuša prison denied Đurić benefits - spending the weekend with his family, treatment outside the premises of ZIKS... "referring to the opinion of the Police Administration regarding for the security assessment of the said prisoner".
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