Did Đokaj know what he was doing when he shot?

At the time of the commission of the criminal act, the defendant's ability to understand the significance of his act and the possibility of managing his actions was reduced, but not significantly.

This is stated in the medical expert report on Ilir Đokaj, accused of murdering his unmarried wife Šejla Bakija and wounding her father Šaban Bakija.

In the High Court in Podgorica, the evidentiary proceedings in that case ended yesterday, and the president of the criminal panel, Judge Veljko Radovanović, scheduled the closing arguments for April 1.

In the finding and opinion, it is stated that "the criminal offense results from the mentioned characterological manifestations of personality disorders in the form of narcissism, obsessiveness, overestimated jealousy on a neurotic level, with the subjective experience of possessing the damaged".

"At the time of the commission of the criminal act, the defendant's ability to understand the significance of his act and the ability to manage his actions was reduced, but not significantly," says the document signed by neuropsychiatrist Stanko Milić, psychiatrist Željko Golubović and psychologist/psychotherapist Helena Rosandić.

It is stated that Đokaj is a person of average intellectual abilities and that he does not show symptoms and signs of mental illness or other serious mental disorders.

"It shows elements of post-traumatic depression, reactive in nature, but on a neurotic basis. Psychotic content is not verified in the clinical picture. Characteristic manifestations of narcissism, obsessiveness, overestimated jealousy, which can reach the level of personality disorder, dominate the personality structure. Narcissistic personality disorder is not a mental illness, but a mental condition characterized by maladaptive behavior, emotional instability, narcissistic contents, rigid attitudes and obsessive jealousy of an overestimated level. The reality test is preserved, and the subject functions on a neurotic basis," the report added.

The court previously rejected the proposal of the lawyer Srđan Lješković, the defense attorney of the accused Đokaj, who requested that a reconstruction of the event be carried out.

"The court is trying to alleviate all the omissions made by the prosecution in this procedure. In Montenegro, the courts must understand more that the prosecution is only one party in the proceedings. You cannot give everything to one side and deny everything to the other side. The prosecution is given a chance to present all their evidence, but the defense is not," said Lješković in his address to the court.

That lawyer also proposed presenting several pieces of evidence, which the court rejected.

"All the time through this procedure, the defense is seen as trying to delay. In order not to delay again, we inform the court that three and a half years from the filing of the indictment will expire in seven months. We suggest that data be obtained from the mobile operators that all the numbers were linked to Đokaj Ilira and that these numbers be connected to the mobile phone number used by the injured party and that the messages be excluded. As well as to determine whether the injured party sent messages to the defendant immediately before the tragedy and in the period from 2018 to 2021, i.e. the complete communication scheme of the numbers he used and which were in the name of Đokaj Ilir, on the one hand and numbers damaged on the other side", said Lješković.

Lawyer Tijana Živković, attorney for the injured Bakija family, told "Vijesta" that she opposed the defense's evidentiary proposal to determine the reconstruction of the event.

"Due to the fact that in the evidentiary proceedings, an audio video recording, extracted from the phone of the deceased father, was previously viewed. Šejla, which shows the entire event, so we evaluated this evidence proposal as an attempt to further delay the proceedings. The court rejected this, as well as the other evidentiary proposals of the defense, as unfounded, stated that the evidentiary proceedings were completed and scheduled the closing arguments for April 1st," said Živković.

The higher state prosecutor's office in Podgorica filed an indictment against Đokaj lir, accused of murdering nineteen-year-old Šejla Bakija and injuring her father Šaban (42), on the Karabuško polje in Tuzi.

"Because on September 30, 2021, at around 15.15:7,65 p.m.... he deliberately took the life of the injured Baki Šeila, out of base motives, and after that he deliberately tried to take the life of the injured Baki Šaban. 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 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 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 serious and life-threatening injuries, which resulted in death on the same day".

It is added that after that, and at the moment when the victim, Bakija Šaban, approached him in an attempt to grab his hand, the accused 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 to your Audi vehicle...

"That, after the victim Šaban went after 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 received a particularly 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.

He described the critical event in detail

During the delictual situation, the defendant's consciousness is preserved, and the defendant's behavior does not result from any type of psychopathology. The defendant himself stated that he came to clarify the situation regarding the emotional relationship between him and the late Sheila. They talked and sat for about twenty or more minutes. The defendant was armed during the delictual situation and a verbal conflict or a physical conflict could not have put the defendant in a state of immediate danger to his life," the expert's report states.

It is explained that the injury in the form of a bruise under the eye, which is described by the court medic, according to the data of the court file, was not confirmed by an audio-visual record: "Even though it was inflicted at that moment, it could not possibly lead to qualitative disorders of consciousness in the form of narrowing, clouding or twilight consciousness, nor is brain injury shown after the delictual situation".

"The court medic stated that it was a minor physical injury. Psychomotor, i.e. movement of the defendant during the delictual situation is preserved and is not conditioned by any type of intoxication with illegal substances, such as alcohol or psychoactive substances (arrives in a car, conducts a conversation, describes a critical event, repeats a gun, shoots, leaves, washes, throws a weapon into the container and after that he makes a phone call, reports to the police). The defendant described the critical event in detail, and therefore there is no amnesia, that is, forgetfulness that would be conditioned by an affective situation, psychopathology, intoxication with illegal substances, or severe head and brain injury. In a delictual situation, he does not exhibit symptoms of amnestic cognitive function disorders in the sphere of thinking, understanding, reasoning, and he also does not exhibit symptoms of qualitative disorders of consciousness at the level of clouded or twilight consciousness that would point to pathological affects of a state of high intensity irritability and fear," the document says. .