Special prosecutor Miroslav Turković he said yesterday in the courtroom that all the evidence is against the members of the alleged criminal group Radoja Zvicer obtained in accordance with the law, while the defense attorney Miloš Vuksanović stated that Sky communication is the prosecution's only argument and that a possible verdict cannot be based on that.
This was announced in the Podgorica High Court at the hearing for the control of the indictment against Borko D. Bešović, Boris P. Pejović i Saša V. Dragojevića, accused of having committed the criminal offense of creating a criminal organization (Article 401a paragraph 2 in connection with paragraphs 1 and 6 of the Criminal Code of Montenegro).
The defendant was charged with the same crime Radoje M. Živković from Nikšić, who is inaccessible to the judicial authorities, but by the court's decision the control of the indictment in relation to him was separated.
The indictment states, among other things, that in order to implement the criminal plan, the defendants were encouraged with intent by the organizers of the criminal organization, the accused Radoj Zvicer and Milan Vujotić to the commission of a criminal offense - aggravated murder, to the detriment of the injured party Jovan Vukotić.
Turković explained that the indictment was brought after the investigation and said that the accusation is based on evidence that provides a logical factual basis that the defendants committed a criminal offense as stated in that act...
"All the evidence was obtained in accordance with the law. I suggest that the court confirm the indictment and that guilt be decided at the main trial," said the prosecutor.
Attorney Vuksanović, the defense attorney for the defendants Bešović and Pejović, proposed to the court to suspend the criminal proceedings, stressing that Sky communication cannot be evidence.
He reminded that in relation to the same event, the court had already confirmed two indictments.
"In this procedure, the only evidence is Sky communications. I believe that Sky communications cannot be evidence, nor can a verdict be based on them. These are only indications. I propose to the court to consider the allegations of the defense," Vuksanović pointed out.
And a lawyer Marko Radovic joined the view of a colleague:
"Regarding Sky communications, let's call it evidence, and the method of obtaining it, no action has been taken according to our request. This cannot constitute evidence, but is purely operational evidence. The data was obtained from Europol, but it was not submitted by request," said Radović.
Then the defense attorney referred to the indictment, saying that the actions allegedly undertaken by Dragojević had the character of preparatory actions.
"It cannot be concluded that he committed a criminal act. According to our law, preparatory actions are not punishable. In addition to Sky communications, official notes from the Police Directorate were also proposed as evidence, but they cannot be evidence for determining identity. I don't know if you should return this indictment to the prosecution. Perhaps it is more practical to confirm the indictment because the defendants are in custody, because it is with the judge Amir Đokaj ongoing court process that has been postponed several times, pending a decision in this case. I leave the final proposal to the court for assessment," said lawyer Radović.
The defendant Borko Bešović thanked the court for allowing him to speak with a few words: "Dear Court, I am not a member of a criminal organization and I want this court process to end as soon as possible," he said.
The indictment presented that Bešović, Pejović, Dragojević and Živković became members of a criminal organization organized by the accused Zvicer and Vujotić.
That group, it is stated, consisted of Slobodan Kascelan, Dragan Knezevic, Goran Vukcevic, Igor Terzic, Danilo Bakić, Stevan Kraljevic, Radovan Mujović, Vladan Lucic, Filip Knezevic, Ratko Zivkovic, Milutin Knežević, Milos Jovanovic, Milutin Cotar, Vladimir Vuckovic, Dejan Rutović, Srdjan Jurisevic i Goran Stojanovic. The investigation against Igor Božović is ongoing.
It is stated that Bešović had the task of finding shelters for the needs of a criminal organization, taking over, storing, handing over and cleaning firearms and ammunition belonging to a criminal organization, which are intended for the commission of criminal acts, and transporting weapons and persons - immediate perpetrators crimes, to the place intended for training in shooting with sniper rifles.
It says that Pejović's task was to transfer, store and hand over firearms, ammunition and explosive materials for the needs of a criminal organization.
"He is accused of, together with another member of the criminal organization, the indicted Filip Knežević, practicing the management of drones on which explosive devices - bombs would be placed, and of using them to directly participate in the deprivation of life of persons designated by the organizers of the criminal organization"...
"On May 23, 05, he (Pejović) practiced shooting with a firearm that was delivered from Kotor, at an improvised shooting range, in an as yet undetermined location, which was kept in the house he used by the accused Ratko Živković, who is also carried out sniper rifle shooting exercises for the defendant Boris Pejović and an unknown member of the criminal organization, who were determined to be the immediate perpetrators. The defendant, Borko Bešović, accepted that he also transported weapons intended for the commission of a criminal offense in a vehicle that he took over from a now unknown member of a criminal organization...
The prosecutor objected to the separation and postponement of the hearing
The extrajudicial panel chaired by judge Boris Savić decided to separate the proceedings in relation to Radoj Živković.
The judge stated that he was informed by the Ministry of Justice that the defendant is in prison in Turkey.
Special prosecutor Miroslav Turković temporarily said that he is against postponing the hearing and separating the proceedings at this stage of indictment control.
He added that he believes that any postponement of the hearing would lead to a prolongation of the proceedings, because it is a custody case.
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