Smolović impartial, Adamović stays to judge

The Court of Appeal rejected the request of the injured party's attorney, lawyer Kasim Dizdarević, who requested the exemption of the president of the Bjelopolska High Court, Milan Smolović, and acting judge Ivan Adamović, in the case against the accused Goran Knežević (52) from Pljevlje.

Knežević is responsible for the criminal offense of inciting national, racial and religious hatred, for which he was previously acquitted.

According to the indictment, the day after the parliamentary elections in 2020, he publicly incited violence and hatred towards members of the Muslim nationality.

As a reason for the disqualification, lawyer Dizdarević stated that the injured parties doubt the impartiality of Smolović, when and if he decides on the request for disqualification of judge Adamović.

"From the request for disqualification of the president of the court Smolović, taking into account his statement, there is no reason for disqualification, which would cast doubt on his impartiality in dealing with the specific case. Apart from the general and factually unfounded allegation of bias, the applicant did not provide this court with any evidence to confirm such claims," ​​the Court of Appeal's decision reads.

The judges of that court add that the subjective feeling of the applicant - "that the president of the High Court prevents the injured parties from getting the right to a fair trial before an independent, impartial and objective court and judge", does not constitute grounds for his exemption.

"The Appellate Court judged that the request for the disqualification of Judge Adamović was unfounded, especially since the first-instance decision is subject to examination by a court of higher instance, which was specifically the case, so the allegations for the disqualification of the judge are shown to be unfounded," explained the judges of the Appellate Court.

According to the indictment, Knežević committed the crime on August 31, 2020 in Pljevlje:

"The way he addressed the injured persons, Emir and Nuria Pilav, on the terrace of the restaurant 'City Cafe', in Kralja Petra Street, where they were sitting with several other people: 'You will move, you will no longer be here'".