Katnić failed at the Appeal: "Coup d'etat" in the courtroom again

The factual and legal conclusions in the first-instance verdict for attempted terrorism on the day of the parliamentary elections could not be accepted in relation to the existence of that criminal act, nor the guilt of the accused, because during the adoption and in the decision itself, a significant violation of the provisions of the criminal procedure was made.

With that explanation, the panel of the Appellate Court, accepting the appeals of the defense lawyers, annulled yesterday the first-instance verdict in the "coup d'état" case in which the leaders of the Democratic Front, Milan Knežević and Andrija Mandić, were convicted.

That case was returned to the High Court in Podgorica, for a retrial before a completely changed panel.

The Special State Prosecutor's Office (SDT) did not announce anything yesterday, although the head of that prosecutor's office has repeatedly announced publicly that if the prosecutor's office does not meet expectations in the case of attempted terrorism, he will "immediately resign".

The former general of the Serbian Gendarmerie, Bratislav Dikić, was yesterday, after his release from prison, taken to the Reception Center for Foreigners, allegedly because he did not have documents

"Deciding in the second-instance proceedings on the reported appeals against the verdict of the special division of the High Court in Podgorica Ks. no. 14/17 of 09/05/2019, the panel of the Appellate Court accepted the appeals of the defense attorneys of the accused and the appeal of the accused Bratislava Dikić, in the part in which the accused Eduard Šišmakov and Vladimir Popov were found guilty of having committed the criminal offense of creating a criminal organization under Article 401 a paragraph 1 of the Criminal Code of Montenegro, and the accused Bratislav Dikić, Predrag Bogićević, Nemanja Ristić, Kristina Hristić, Branka Milić, Milan Dušić, Dragan Maksić, Srboljub Đorđević, Mihailo Čađenović, Andrija Mandić and Milan Knežević that they committed the same criminal offense from Article 401 a paragraph 2 in relation to paragraphs 1 and 6 of the Criminal Code of Montenegro, in relation to the accused Eduard Šišmakov and Vladimir Popov and that they committed the criminal offense of terrorism in the attempt from Article 447 paragraph 1 in connection with Article 20 and Article 23 of the Criminal Code of Montenegro, and in relation to the accused Bratislava Dikić, Predrag Bogićević and Nemanja Ristić that they committed the same criminal offense from Article 447 paragraph 1 in connection with Articles 20 and 25 of the Criminal Code of Montenegro, and then on the occasion of those appeals, ex officio, annulled the first-instance verdict in the sentencing part and returned the case to the first-instance court for a retrial before a completely changed panel," reads the statement published on the website of the Appellate Court.

The council decided to immediately release the accused Dikić, who was in custody until yesterday.

Defense lawyers, whom Vijesti contacted, said that they have not yet received a decision canceling the first-instance verdict.

"TRACES LEAD TO MILO"

Mandić and Knežević said yesterday, after the annulment of the first-instance verdict, that they had no reason to celebrate, because in October 2016, the Democratic Party of Socialists was gifted with a rigged process, as they called it.

"We have a serious intention to confront all those who staged that fake court process," said Mandic.

He added that they are sure that the clues do not end with Milivoj Katnić, special prosecutor Saša Čađenović and judge Suzana Mugoša, but lead to Milo Đukanović.

Knežević said that he will not criminally prosecute Katnić, Čađenović, Mugoša, judges Vesna Pean and Dragica Vuković, but he invited them:

"I am very happy that this annulment verdict was also passed for the Serbian citizens who did not succumb to pressure, pointed the finger at Andrija Mandić and me and signed the agreements... I am primarily thinking of Branka Milić, Bratislava Dikić, Dušić, Maksić, Đorđević, Kristina Hristić" , Knezevic said.

Knežević and Mandić were sentenced to five years in prison by the annulled decision, for membership in a criminal organization, which, according to the indictment, was created by Russian citizens Šišmakov and Popov, and which allegedly planned to, on the day of the parliamentary elections on October 16, 2016, with the help of The DF provoked conflicts with the Montenegrin police, forcibly occupied the Assembly, kidnapped and killed the then Prime Minister Milo Đukanović.

Šišmakov was sentenced to 15 years in prison, Popov to three years less, and General and former gendarmerie commander Bratislav Dikić to eight years in prison. Serbian citizens Bogićević and Ristić were each sentenced to seven years in prison, their compatriot Branka to three years in prison, Maksić to one year and nine months, and Đorđević and Dušić to one year and six months each.

By that verdict, Kristina Hristić was sentenced to one year in prison, suspended for two years if she does not repeat the criminal offense, counting from the date of finality.

SNP: We hope that it will not be the only canceled decision

Revoking the decision is proof that justice is slow, but achievable, the Socialist People's Party said yesterday.

In their statement, it is written that they expect that this will not be the only case of repealing "unconstitutional and illegal decisions that Montenegrin courts made under the baton of the former regime".

"We hope that in the retrial it will be shown and proven that there was no 'coup d'état' and that those responsible for the entire racial riot will be brought to justice and those who really should be punished," the SNP statement concluded.

Savović reported his colleagues because of Dikić

The Special State Prosecutor's Office formed the case after the Supreme State Prosecutor's Office submitted to them the criminal report of special prosecutor Živko Savović, who submitted accusations against the work of GST Milivoj Katnić in the "coup d'état" case, as well as against special prosecutor Saša Čađenović and judge Suzana Mugoša.

Chief Special Prosecutor Milivoje Katnić confirmed to "Vijesta" that the case was assigned by a colleague from SDT, stating that it is in the works.

"I am surprised by prosecutor Savović's report, but let all the allegations be checked and a decision made," said Katnić.

He urged that all those who have something against his work should not wait "but submit applications as soon as possible"...

"I encourage no one to wait, I invite everyone to do so if they have information. Of course, they will also bear the responsibility for false reporting if it is determined that the statements are not true," emphasized Katnić.

"Vijesti" learned that Savović, who has been in the SDT since 2015, submitted accusations against the work of the GST in proceedings against the former General of the Gendarmerie Bratislav Dikić.

Special prosecutor Savović told "Vijesta" that he also filed a report against special prosecutor Saša Čađenović and judge Suzana Mugoša.

He said that he could not make a statement regarding the report and referred the journalist to the prosecutor of SDT spokesperson Sanja Jovićević.

"I am not allowed to make statements, call the SDT spokesperson, special prosecutor Sanja Jovićević. The report was submitted to the Supreme State Prosecutor's Office and the Special State Prosecutor's Office," said Savović.

He explained that he submitted the report two days ago, and that he discovered the illegalities he pointed out in the report while working on the case he assigned on October 19, 2020.

According to the knowledge of "Vijesti", it is about work based on the criminal complaint filed by DF leaders Andrija Mandić and Milan Knežević, which was dismissed.