The Court of Appeal accepted the appeal of Duško Knežević's defense attorney, Zdravko Đukanović's lawyer, and annulled the decision of the Podgorica High Court, which decided that the businessman from the warrant should be tried in absentia.
The case was sent back for a new decision.
In the "Airports" case, Knežević and others were accused of having committed a criminal offense - abuse of position in business operations through incitement.
By the decision of the High Court, it was decided that Knežević, on the proposal of the Special State Prosecutor's Office, should be tried in absentia, which was appealed by his legal representative:
"Based on the appeal of the defense attorney of the defendant Duško Knežević, it is indicated that the first-instance decision was made with a significant violation of the provisions of the criminal procedure," it is written in the decision of the Court of Appeal.
They remind that the decision of the High Court states that the special state prosecutor suggested that the accused be tried in absentia, because he is unavailable to the state authorities of Montenegro, which is why the warrant was issued.
The first-instance court stated that there are particularly important reasons for this defendant to be tried in absentia, which is reflected in the type, gravity, significance and nature of the criminal offense for which the accused is charged in the indictment in question.
According to the position of the Appellate Court, the High Court's reasons that the conditions prescribed by law are met for the defendant to be tried in absentia are unclear, as well as that the first-instance court did not give sufficiently valid reasons for decisive facts.
"Based on the appeal of the defense attorney of the defendant, Zdravko Đukanović, it is indicated that the reasons of the first instance court are unclear, which concluded that the third condition stipulated by the law was also fulfilled, namely that the defendant is unavailable to the state authorities, which is why the warrant was issued. The reasons given in this way cannot be considered sufficient to draw the conclusion that the defendant is not available to state authorities. In order to be able to proceed with the trial in absentia, it is necessary to take all legal measures to find or capture the accused, which would ensure his presence in the criminal proceedings. It is a fact that an order to issue a warrant was issued in relation to the accused, and that order was acted upon and a national warrant was issued. However, from the case file submitted to this court, it cannot be determined with certainty, nor is there any evidence available in the file, that any procedural action was taken before the issuance of the warrant in order to ensure the presence of the defendant in the process of serving the summons, or of which act at the registered address of the defendant, and in case of failure to respond to the summons, which the defendant would duly receive and the issuance of an arrest warrant, a police report on the action taken according to the issued warrant. Consequently, the court accepted the appeal of the defense counsel of the defendant DK, finding that the disputed decision was affected by a significant violation of the provisions of the criminal procedure", the explanation of the Court of Appeal states.
The indictment was brought against Knežević, as well as against the former executive director of Atlas Bank, Marko Nikolić, and the director of the payment operations sector in this bank, Dijana Zečević, due to suspicion of embezzlement by which the state company JP Aerodromi Crne Gore was damaged for 3.000.000 euros.
In that act, the legal entity Atlas Bank is also included, which, as it says, obtained an illegal financial gain of three million through the illegal business of Knežević, Nikolić and Zečević. According to the Special Prosecutor's Office, Knežević is accused of inciting his employees Nikolić and Zečević to abuse their position in business operations, that is, to embezzle the funds of JP Aerodrom after the expiration of the deposit term.
No new decision
Aida Muzurović, independent advisor for public relations of the High Court in Podgorica, told the News that there is no new decision yet.
"After the Court of Appeal annulled the decision by which it was decided that the accused Duško Knežević be tried in absentia in the "Airports" case, this court still has not made a decision in the retrial," stated Muzurović.
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