A hearing was held today in the High Court in Podgorica where the justification and legality of the indictment against Igor Terzić, that he formed a criminal group during May 2018, and the other defendants were discussed.
Terzić is accused of smuggling marijuana from Montenegro to Serbia, street sale of cocaine, as well as giving and receiving bribes.
According to the indictment, Dejan Spajić, Malibor Ćurčić, Bojana Bojović, Vasilije Dragaš, Nemanja Novaković, Marko Milićević, Nemanja Odović and Miljan Cmiljanović became members of the criminal group. Police inspector Ivan Cvijović, whom Terzić accused of asking him for a bribe, was also charged.
Lawyers Ranko Radonjić and Igor Ivanović, defenders of the defendants Terzić and Milićević, proposed to the court to pass a decision suspending the criminal proceedings, because there is not enough evidence that they committed criminal acts. Lawyer Radonjić added that the special state prosecutor's indictment was not drawn up in accordance with the provisions of the Criminal Procedure Code.
"The indictment represents a legal construction and does not indicate a sufficient level of suspicion that they have committed criminal acts. There is no evidence that Terzić organized a criminal group, and that Milićević was a member. Ample evidence indicates that the indictment is illegal. 26 witnesses were heard in the investigation, and none of them mentioned Terzić and Milićević. The indictment does not contain a description of the actions. The indictment that Terzić gave a bribe is untenable, because he gave the money to Inspector Cvijović out of fear and at his insistence. This can be a criminal offense of extortion and not bribery. I propose that the criminal proceedings against Terzić and Milićević be suspended," said lawyer Radonjić.
The same proposal was made by lawyer Tijana Živković, adding that there is no evidence that the defendant Odović committed the criminal offense of selling drugs. Lawyer Milan Kovačević proposed to suspend the criminal proceedings against Novaković, because there is not enough evidence that he is suspected of the criminal offense for which he is accused.
Lawyer Damir Lekić, the defense attorney of the defendant Cvijović, pointed out the legally invalid evidence in the case files and proposed to the court to separate them from the case files.
"The defendant Cvijović presented his defense before the special state prosecutor, and on the same day, a few hours later, the defendant Terzić was heard. It is specific that makes this evidence legally invalid. The special state prosecutor was obliged to inform me about the hearing of Terzić, and that I have the opportunity to attend that evidentiary action, which the prosecutor did not do. In this way, my client's right to defense was violated, and this consequence entails another, that this evidence was not conducted in accordance with the CPC and must be separated from the case file. There is also an official note from the police that interprets the content of the video surveillance from the facility, and where is that video surveillance and why it was not proposed as evidence in the indictment, we already have an official note that interprets that video surveillance. This is legally invalid evidence, because there is no mode of verification, so it should be separated from the case file. There is no evidence that Cvijović committed the criminal offense of receiving a bribe, because he was decorated and rewarded. I suggest that the proceedings against Cvijović be suspended, or that the indictment be returned to the prosecutor to supplement it," said lawyer Lekić.
According to the indictment, Dejan Spajić, Malibor Ćurčić, Bojana Bojović, Vasilije Dragaš, Nemanja Novaković, Marko Milićević, Nemanja Odović and Miljan Cmiljanović became members of the criminal group. Police inspector Ivan Cvijović, whom Terzić accused of asking him for a bribe, was also charged.
The indictment states that Terzić, as an organizer, hired members himself or through others, assigned them roles and tasks, and assigned himself to procure marijuana and cocaine and to organize smuggling in large quantities. Spajić, as stated, accepted to mediate in the purchase and sale of drugs and to transport them. As stated in the indictment, Bojović and Dragaš accepted that they were taking the drugs and transporting them to the territory of Serbia.
Ćurčić, according to the accusations, brokered the sale of marijuana, found buyers in Serbia and took money from buyers. The defendants Novaković, Milićević and Odović accepted to sell cocaine in the territory of Pljevlja. The accused Terzić also organized the transportation of 2018 kilograms of marijuana to Serbia from June to December 18.
Inspector Ivan Cvijović is charged by the indictment with the detection of the criminal offense of organized crime and the unauthorized production and distribution of narcotic drugs. He demanded a bribe of 2.800 euros to inform the accused Terzić when the police would come to search.
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