Two hearings were supposed to take place in the High Court in Podgorica today to examine the legality and justification of the indictments brought against Duško Knežević and others, for several criminal offenses, but both were postponed because the defense lawyers requested the exemption of the three-member special panel chaired by judge Evica Durutović. and President of the Podgorica High Court Boris Savić and Vesna Medenica, President of the Supreme Court of Montenegro. Judge Durutović adjourned both hearings indefinitely, in order to decide on the defense proposals.
For the first hearing, it was planned to examine the indictment against Duško Knežević, Marko Nikolić and Dijana Zečević, officials of Atlas Bank, but it was postponed indefinitely because lawyer Zdravko Đukanović, Duško Knežević's defense attorney, requested the disqualification of Judge Durutović.
He stated as the reason that the technical service of the High Court in Podgorica did not copy the case files, as a result of which he is unable to provide an adequate defense.
The judge said that on September 10, the lawyer was granted permission to inspect and copy the files in both cases, which was enough time until October 11. Judge Durutović said that during the break between the two hearings, she checked through the technical service of the High Court.
"A professional associate told lawyer Đukanović ten days ago that everything will be copied to him. However, he did not appear at the scheduled time, but only today was he handed over the material from the case file in electronic form," said the judge.
Lawyer Zdravko Đukanović stated that it is true that he was supposed to collect the material, but that he did not show up because he was searching the house of Duško Knežević. Special prosecutor Lidija Vukčević added that the search of the house was outside working hours.
According to the indictment, the defendants damaged the Airports of Montenegro for three million euros, and benefited Atlas Bank in the same amount. Knežević and Nikolić are charged with the criminal offense of abuse of position in business operations through incitement, while Zečević is charged with the criminal offense of abuse of position in business operations. "Atlas banka" as a legal entity is charged with the criminal offense of abuse of position in business operations through incitement.
And the hearing to examine the justification and legality of the indictment against Duško Knežević, Predrag Dašić, Zoran Nikolić, Brankica Bašović and Biljana Bašović, which was scheduled for yesterday, was also postponed indefinitely, because the lawyers of Knežević's defense requested the exemption of the three-member special panel Judge Evica Durutović, President of the High Court in Podgorica Boris Savić, and Vesna Medenica, President of the Supreme Court of Montenegro.
Lawyer Nemanja Jolović stated that the court did not accept the defense's proposal to postpone the hearing as the reason for requesting the disqualification of Judge Durutović because the defense believes that the court did not legally invite the defendant Knežević to a known address in London, but only through a notice board. He considers that the procedural prerequisites for the hearing to be held have not been met.
"The address is known to the court, which is confirmed by the fact that the court requested his extradition." Duško Knežević is not a person who can be considered to be on the run, nor to be inaccessible to state authorities," said the defense attorney.
After the judge stated that the procedural prerequisites for the hearing to be held were met, Jolović requested the exemption of the special panel. He added that it was a gross violation of rights, because for inexplicable reasons there was a change of council, and that after he received a summons for the hearing.
"I received the summons for the hearing signed by the president of the court, Boris Savić. In this way, the right to a natural judge was violated. All these facts raise suspicions that this council will not be impartial. I am also asking for the dismissal of judges Savić and Medenica, who had a personal conflict with Knežević, which the media wrote about.
According to the indictment of Lidija Vukčević, the special prosecutor, Duško Knežević, Predrag Dašić, Zoran Nikolić, Brankica Bašović and Biljana Bašović, are to the detriment of the legal entity "Global Karbon" DOO Podgorica, and the legal entities "Fin Invest", "Atlas Grupa", RTV "Atlas", "RT Mimoza", "Atlas Sistem" and "Mega Gulf Investments Holdings Limited" obtained illegal benefits in the amount of 1.942.000 euros.
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