Sky communication represents legally valid evidence because it was obtained through international legal aid from France, which was confirmed by the Court of Cassation there.
This was stated yesterday by the special council of judge Nenad Vujanović, in the continuation of the trial against Stefan Kovač, accused of being a member of a criminal organization with the task of killing Dejan Kašćelan in Vienna in 2020.
"On this piece of evidence, the court already made a decision that it should be used as evidence. Sky Communications does not question the right to privacy. "The French Court of Cassation made a decision that this evidence was obtained in accordance with the law and that the basic constitutional principles prescribed by international law were not violated," said the judge.
In addition, the same panel yesterday accepted the proposal of the defense counsel of the defendant, lawyer Damir Lekić - to exclude the contents of Kovač's mobile phone from the case file as legally invalid evidence.
Judge Vujanović stated that the code for the encrypted phone was obtained by torturing Kovač from members of the Police Administration, which is why such evidence is legally invalid.
"From the defense of Kovač, sky communication and medical documentation indicate that the accused unlocked the phone under torture and inhumane treatment. Anything further that came out was created as legally invalid evidence because of that," said the judge.
Lazović's code
Although certain sky communications are not part of the court case for Kovač, the judge said that they are important for identification purposes.
In addition to the audio messages, the court also inspected the photographs.
"There is a suspicion that the messages were sent by Petar Lazović under the code BTN LN 8. This is a group chat where messages were exchanged with Radoj Zvicer and Ljubo Milović," said the judge.
One of the photos shown is Miloš Marković, suspected of capital murder.
The photo shown also includes a Colombian, who was tried in the High Court in Podgorica on charges that he came to Montenegro to commit a paid murder...
“You'd better talk; what is the code", the voice threatening Kovač can be heard.
It was reported that there is a suspicion that Ljubo Milović commented on Miloš Marković's photo: "There he is like a pig's hands".
"Sing Kovac, mommy," is one of the threatening messages.
"J...m mater to all skaljarci".
"Skaljarci, a deep pit awaits you, a meter deep and a kilometer long".
The judge stated that there is a suspicion that Radoje Zviter wrote the message: "We almost got killed by Alan Taipovo". (Alan Kozar).
In the audio-message, a song can be heard accompanied by the sounds of an accordion, and they claim in court that the murder of Kožar, one of the high-ranking members of the Skaljar criminal clan opposed to them, was celebrated.
"'We are going to slaughter the Turks, extremes, from Bijelo Polje, Rožaj, Bar...'" "Let's go to Lazovići, Milovići, Zviceri, deri bre in Montenegro".
And then the voice of Ljubo Milović is heard: "Let me identify myself, Ljubo Milović, so let them arrest, let them open the phone."
Lawyer Damir Lekić said that this evidence speaks for itself, but also that no one can say that this does not happen: "There is a certain group of police officers who did not act according to the law".
Prosecutor Jelena Protić explained that the complete documentation is the subject of analysis, that a case was formed in the Basic State Prosecutor's Office in Podgorica due to torture and that, according to her knowledge, it is still in the investigation phase.
"All data, identity and circumstances that are significant for that procedure are collected," the prosecutor stated.
The judge said that evidence must be introduced to show the methods of police torture.
The trial continues on September 18.
Judge Vujanović said that these evidences must be conducted in order to show the methods of police torture"...
"John Gotti" and bullying
Kovač is accused of being a member of a criminal organization formed by a person with the pseudonym John Gotti, which had the task of killing Dejan Kašćelan in Vienna in 2020.
The Appellate Court of Montenegro canceled the first-instance verdict, after which the court process started from the beginning.
The defendant Kovač, in his defense at the main trial, claimed that after being deprived of his liberty near the border crossing, he was mentally and physically abused by officers of the Police Directorate - a special police team, who hit him on the head and body, put a bag on him his head so he couldn't breathe.
He said he went to Vienna to work, not to kill...
Bonus video:
