Today, the trial of the organizers of the criminal organization, the accused Radovan Mujović and Vasilij Rafailović and the other accused, continued in the High Court in Podgorica.
After watching the recording of the interrogation of the accused Uroš Vučinić, his defense lawyer Danilo Živković, who replaced his colleague lawyer Srđan Lješković today, requested the exemption of the special prosecutor Nataša Bošković.
After reviewing the tapes of the interrogation of the accused Uroš Vučinić, judge Igor Đuričković remarked.
"It is noticeable that the video shows that several sheets of paper were placed on the table, to the left of where Vučinić was sitting, and on the table on which he rested his hand for most of the hearing, right next to his left hand. And that there was an open folder on the table in front of him, which was significantly lower, and below Vučinić's knee height, and that there were several sheets in that folder," said judge Igor Đuričković.
After that, attorney Danilo Živković, Vučinić's defense attorney, addressed the court on behalf of attorney Srđan Lješković.
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"Vučinić's testimony before the SDT was coerced, because it was the result of torture and inhumane treatment by the Special Police Department (SPO). The very manner during the first hearing of the broadcast recording indicates that such testimony is legally invalid. And that's because the acting prosecutor violates the defendant's right to defense from the first question, asking him a suggestive question: "You don't need a defense attorney, do you?". In which question is contained the answer, which is expressly prohibited under the CPC", lawyer Živković pointed out.
The president of the special council of judges, Igor Đuričković, scheduled the continuation of the trial for the second of November.
The Special State Prosecutor's Office filed an indictment against Radovan L. Mujović and Vasilij B. Rafailović, for the criminal offense of creating a criminal organization, and Petar V. Lipovina, Mitra D. Marković, Filip M. Knežević, Žarko Ž. Pejakovića, Lazar M. Nedovića, Aleksandar B. Ćetkovića, Boško Ž. Pavlović, Serbian citizens Jovan Mirković and Aleksandar Stevanović, Marko A. Zorić, Nikola Z. Marić, Đurđevac V. Uroš, Filip M. Bešović, Goran V. Rakočević, Ivan R. Brnović, Nikola P. Drecuna, Đurđevac Z. Aleksandra, Moš I. Paović, Uroš V. Vučinić, Davor H. Avdić and Nemanja M. Zurovac, for the criminal offense of creating a criminal organization.
At the beginning of 2017, the defendants Mujović and Rafailović created a criminal organization for the purpose of committing criminal acts, whose members became the accused, as well as Bajram Pista and Marinko Rajković, who were designated as cooperating witnesses by the decision of the High Court.
Mujović was accused of causing general danger by incitement, serious bodily injury by incitement, and Marić and Uroš Đurđevac, causing general danger and illegal possession of weapons, Ćetković - serious bodily injury by incitement, Drecun for the criminal offense as an accomplice of serious bodily injury, while Rakočević, Bešović , Knežević, Lipovina and Marković accused of causing general danger through incitement, and Nedović and Pejaković as accomplices for the criminal offense of causing general danger.
The defendants Mirković and Lipovina are accused of having committed the criminal offense of aggravated murder by incitement. Radovan Mujović was also charged with the same criminal offense, who, as stated in the indictment, asked Pista Bajram to "butcher" MB, the wife of associate witness MM. accused of "aggravated attempted murder", while Knežević was accused of two criminal offenses of incitement to murder", the indictment states.
Defense counsel: The questioning of the accused Vučinić was illegal
Lawyer Danilo Živković added that the position and body movements of the accused Uroš Vučinić showed that he was reading a previously prepared statement, and that the prosecutor was correcting and supplementing it.
"It is illegal and forbidden. As for the second recording, the trial panel clearly noticed that the accused on the left side is reading on the paper what was written to him. The prosecutor asked a suggestive question: and stated "does this mean that all this was organized by Mujović".
Such interrogation is illegal, contrary to the Law and the Constitution and international law," lawyer Živković stressed.
He added that the minutes of the interrogation of Vučinić are illegal and cannot be used as evidence.
"Also, the defense, bearing in mind this illegal behavior of the plaintiff, requests her exemption, which we will explain later," said the lawyer.
Lješković: Vučinić waited more than three years to say in what way and how he was tortured and abused
After today's main hearing was held, attorney Srđan Lješković, the defense attorney of Uroš Vučinić, who was replaced at the hearing by his colleague attorney Danilo Živkovič, addressed the High Court in Podgorica by email.
He stated that the defense's address can be considered a criminal complaint against members of the Special Police Department, whose names are in the case files.
In the letter, Lješković pointed out the torture suffered by the accused Vučinić and requested the exemption of the prosecutor Nataša Bošković.
He stated that from the recording of the interrogation of Vucinic, in the Special State Prosecutor's Office, it is concluded that Vucinic was given a pre-prepared statement.
"The prosecutor didn't even deign to read the criminal complaint to him at the beginning of the hearing, as much as she was sure that they had a protected witness, to at least let him know what he was accused of, against which persons the criminal complaint was filed, so that he would know what the circumstances were statement", states Lješković.
He added that in the tapes of Vučinić's hearing, you can see that his head is lowered for 80 percent of the hearing, towards the chair and table where the papers are and from which he reads what the Special Police Department has compiled for him.
"During the hearing, the prosecutor does not allow him to give his statement in his own words, but interrupts him, asks questions and makes him follow the statement that was written for him. The first video shows Uroš moving something in front of him with his left hand, and now we already know that it is a prepared statement by the Special Police Department," claims the lawyer.
He stated that it is easy to see, whoever wants to see, interruptions in Vučinić's speech, while looking at the writings in front of him for the continuation of what he needs to read.
"While he is looking for a glass of water, his gaze is lowered and he is looking for what to say next. Well, this is just enough that his statement was not given voluntarily and by his will. In his testimony, Vučinić says on the video that Paović told him that 100 euros were given for information on the movement of "Kan", while the prosecutor entered in the record that Uroš stated that he and Paović were offered 000 euros each, it is stated in addressing the court.
The defense attorney pointed out that Vučinić is not even aware of the right to inspect the video recording of his presentation, as well as the right to have it played back. I think it is clear to everyone that this statement was coerced by members of the Special Police Department.
"The statement was prepared in advance for signing, force, torture and threats were used against Uroš Vučinić. The defense believes that some decisions made in the prosecutor's investigation and the actions of members of the Special Police Team, and all of this according to Uroš Vučinić, are subject to and contain all the elements of criminal responsibility," said Lješković.
He proposed that the court panel stop presenting evidence and forward the case files to the competent state prosecutor's office.
"Vučinić waited for three years and five months to say freely what has been bothering him all this time. In a letter to SDT on 30/10/2020 and 06.11. 2020 we submitted a written statement by the detained Uroš Vučinić on how and how he was tortured and abused by members of the Special Police Team and in what way he gave a statement before the SDT", it is stated in the address to the court. He added that the prosecutor's office has not taken any action in this matter so far.
"Consider our address as a criminal complaint against members of the Special Police Department, whose names are in the case files as well as those of others that Uroš Vučinić will recognize. I repeat, we ask you to forward the case files to the competent state prosecutor's office. We have already requested this from SDT, but no one has ever honored us with an answer, let alone that something has been initiated. "First of all, as a defense, as citizens, we have every right to know what is happening and why evident criminal acts that endanger the safety and security of citizens in this case of Uroš Vučinić have not been prosecuted," stressed lawyer Lješković.
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