The trial of Ilir Đokaj, accused of murdering Šejla Bakija and wounding her father, continued in the High Court in Podgorica.
The DNA expert, Svetlana Đukić, answering the questions of the defendant's lawyer, Srđan Lješković, stated that she had not been given a knife for expert examination, that is, she had not received an order to examine possible samples from a knife.
"I wasn't given the task of expertizing projectile grains, but only five shells. DNA expertise is done first to protect against contamination," said expert witness Đukić.
The defendant's lawyer believes that it is necessary to call an expert for a dactyloscopic examination in connection with the possible determination of traces of papillary lines.
Attorney Lješković pointed out to the court that the prosecution clearly failed with its order because they thought they had a clean case.
"It is simply impossible that one of the key pieces of evidence, the blood found on the pistol grips, is not examined by the experts, that is, that the expert who found the blood does not inform a fellow expert that it is new evidence or possibly the acting prosecutor who would have to perform an expert examination with the new order and to determine whose traces are on the found pistol pellets", stated the defense attorney of the defendant.
In the evidentiary proceedings, the court reviewed the case files of the Court for Minor Offenses, from which it was determined that by the decision of August 27, 2021, the defendant Đokaj was acquitted of having committed a misdemeanor from Article 36 paragraph 2 in connection with paragraph 1 point 2 of the Law on Protection from domestic violence.
State Prosecutor Ana Radović in the Higher State Prosecutor's Office in Podgorica points out that the court should take into account the testimony of the injured party, Bakija Šejla, who gave during the course of the proceedings where she stated that she felt apprehensive and that she then indicated to the court that she wanted freedom of movement for herself and nothing second.
Lawyer Tijana Živković, representative of the injured Bakija family, said that the files were created on the occasion of an event that happened only 35 days before the murder of Šejla Bakija, that Šejla Bakija stated in the application that the defendant Ilir Đokaj has not given her peace since they broke up, that he stops harassing her, threatening her over the phone, making her feel threatened and fearing for her safety.
"At the main trial before the judge of the minors court, the now deceased Šejla Bakija stated that the defendant begged her to return to him, but that she told him that it was over between them, that he did not give her peace after the breakup, that he pursued her through social media network, and that her life is in his hands. Despite all that, the defendant was acquitted, and I must point out that the court did not provide the victim in that case, the now deceased Šejla Bakija, with the security of imposing protective measures, did not allow her to testify in the presence of a confidential person, and what is worst, she gave her testimony in the presence of the defendant and his defense attorney. Therefore, the misdemeanor proceedings in question were conducted with a series of drastic violations of the right to a fair trial, all to the detriment of the now deceased Šejla Bakija. The decision of the Criminal Court was never delivered to the late Šejla Bakija," said lawyer Živković.
The defendant's lawyer, lawyer Lješković, believes that unfortunately the court allows the discussion of a matter that has already been decided.
"As far as I know, neither the prosecutor nor the injured party have filed a criminal complaint against the trial judge of the Criminal Court in Podgorica in order to prove not to this court, but to the Montenegrin public that what they are presenting today before this council and in recent years that states before the Montenegrin public that the mistake they refer to is the one who made the final decision, and not my client. The criminal complaint against my client in that proceeding was not filed by the victim Šejla Bakija, but by her father," pointed out the defendant's lawyer.
Attorney Lješković proposed to hear the witness Dragan Grujičić, and whether he runs an art gallery, and whether his client sold works of art in his gallery, whether he as a witness, the client and the injured party Šejla, and the witness Rinor Berishaj ever had conversations. regarding the meeting and the morning coffee before this unfortunate event with the accused on the day of this tragedy, and what they talked about, how he behaved, what the accused drank and where he went.
The next main hearing is scheduled for February 5.
The higher state prosecutor's office in Podgorica filed an indictment against lir Đokaj, accused of murdering Šejla Bakija (19) and wounding her father Šaban (42), on Karabuško polje in Tuzi. The indictment of state prosecutor Ana Radović states that Đokaj committed the criminal offense of aggravated murder under Article 144, point 4 of the Criminal Code of Montenegro, the criminal offense of attempted murder under Article 143 in connection with Article 20 of the Criminal Code of Montenegro, and the criminal offense of illegal possession of weapons and explosives. material from Article 403 paragraph 1 of the Criminal Code of Montenegro.
"Because on September 30, 2021, at around 15.15:7,65 p.m., in Tuzi, in the Karabuško polje settlement, he was aware of his actions, the execution of which he wanted, knowing that his actions were prohibited, and deliberately took the life of the injured Baki Šejla. out of base motives, and then deliberately tried to take the life of injured Baki Saban. In the way that on the terrace of the injured party's family home, out of reckless selfishness and a sense of possessiveness, the injured Šeila, who refused to renew the extramarital union with the defendant, which had been broken off a few months earlier, during which time the defendant pursued the injured party directly and by phone, informing her that she was not among them that her life was almost in his hands, from a gun of an unknown brand, caliber XNUMX millimeters, which he held and carried in a public place without authorization and for which he did not have a weapon license issued, after the conversation during which the injured B. Š. repeated her will that she did not want to renew her union with him and that she did not love him, in the presence of the victim's father, fired five projectiles in the direction of Baki Šeila, which hit her in the area of the chest, left arm and left leg, from which projectiles she sustained injuries severe and life-threatening injuries, resulting in death on the same day. After that, and at the moment when the victim Bakija Šaban approached him in an attempt to grab his hand, the defendant turned the gun towards the victim and fired one projectile in the direction of the chest of the victim, which hit him, after which he moved away towards his vehicle. "audi", registration number HN, parked in front of the house. That, after the victim Šaban followed him, the defendant, again, fired two projectiles, one of which hit the victim in the abdomen and left leg, while the other projectile hit a pillar on the terrace of the house, during which the victim suffered a particularly severe injury. serious and life-threatening bodily injury in the form of a gunshot wound to the chest, a gunshot wound to the abdomen and a gunshot wound to the left leg," the indictment states.
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