The trial of former special prosecutor Saša Čađenović was postponed today in the High Court in Podgorica for a specified time.
The reason for the postponement of the hearing of the main trial is the request of special prosecutor Miloš Šoškić to disqualify judge Nada Rabrenović because he doubts her impartiality.
The case files will be delivered to the President of the High Court in Podgorica, Zoran Radović, who will decide on the motion for exemption.
Šoškić cited as reasons for doubting Rabrenović's impartiality the fact that the judge delivered to the parties the decision of the High and Appellate Courts, which refers to the associate witness Milan Kankaraš from the second case, which is cited in part in this indictment as well.
Šoškić added that the reason for doubting impartiality is that the judge at the previous hearing allowed the defense to present a request for the termination of custody, even though she was told that a single judge cannot judge in this proceeding where the criminal offense is a criminal organization.
"On the minutes of the main trial from July 2024, 2023, the single judge, now the president of the panel, Nada Rabrenović, opened the session and stated on the minutes that she had delivered to the parties a copy each of the decision of the High Court and the Appellate Court from January XNUMX, XNUMX, which separated the minutes on during the hearing of the witness Milan Kankaraš before the special state prosecutor's office, which confirmed the aforementioned decision," Šoškić said.
He added that at today's main hearing, the judge stated that those rulings refer to the count of the indictment brought against Saša Čađenović, which refers to that conclusion.
"So, when we take into account all these facts and the fact that the single judge before the start of the main trial collects evidence that he assesses in advance will be useful for Saša Čađenović, we have reason to doubt his impartiality," pointed out Šoškić.
Čađenović's detention was terminated on July 11.
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Aković: The judge is not biased
The defenders of the defendant Saša Čađenović, the former special prosecutor, lawyers Lazar Aković and Vaso Bečanović believe that judge Nada Rabrenović is not biased in favor of their client.
They cite an example when judge Nada Rabrenović made an earlier decision to deny bail for Čađenović, on the basis of which his detention was not lifted.
"One of the circumstances that the SDT cites as a reason for doubting the judge's impartiality is that she allowed the defense at the previous hearing, when no panel had been formed, to present a proposal for the termination of the custody of the accused Saša Čađenović. According to the defense, the judge then acted correctly by presented the proposal for the abolition of custody to the criminal panel of the High Court in Podgorica. The president of the High Court in Podgorica will decide on today's proposal to disqualify the president of the panel," said lawyer Lazar Aković after the postponed hearing.
Čađenović was arrested in December 2022 on suspicion of having committed the criminal offense of creating a criminal organization and several criminal offenses of abuse of office.
The Special State Prosecutor's Office suspects him of having subordinated his official activities to the interests of the Kavac criminal clan.
In October of last year, the extrajudicial panel of the High Court in Podgorica confirmed the indictment against former special prosecutor Saša Čađenović.
The indictment presented that he committed the criminal offense of creating a criminal organization by becoming a member of a criminal organization created by the defendant Radoje Zvicer on the territory of several countries during the second half of 2020, that in the operation of the criminal organization there is an influence of the criminal organization on the state prosecution.
"In which the defendant Saša Čađenović, as a special prosecutor, together with other members of the criminal organization from the Police Administration of Montenegro, in order to realize the criminal plan, accepted to carry out the orders and instructions of the organizers of the criminal organization, which were transmitted to him through other members of the criminal organization, to cover up the perpetrators of the most serious crimes and does not initiate criminal proceedings against them, by removing the criminal charges filed against Radoj Zvicer, Igor Božović, Milan Vujotić, Radoj Živković, Aleksandar Paunović and Aleksandar Ljumović, and the defendants Radoj Zvicer, Milan Vujotić, Dragan Živković and Radoj Živković to present themselves as unknown perpetrators even though he knew their identity, to remove the reports received from Europol from the case file, to conceal the data received from Europol that was personally handed over to him on a USB memory stick, and to select the material thus obtained and burn only certain communications and along with the case files in which he received that information, he submits it to the court and removes the USB memory stick from the case file with the complete delivered material that he personally received, whereby he consciously avoided initiating criminal prosecution against Radoj Zvicer - the organizer of the criminal organization and prominent members of the criminal organization - Duška Roganović, Petar Lazović, Ljub Milović, Radoje Živković, Nikola Spasojević, Slobodan Kašćelan, Milan Vujotić, Dragan Knežević, Radovan Mujović, Radovan Pantović and Nikša Perović and others, and knowingly did not suggest to the accused Perunović Zdravko, a member of the criminal organization, that he be ordered into custody, which made it possible to escape after being released from prison," the indictment reads.
Defense attorneys Lazar Aković and Vaso Bečanović stated at the review of the indictment that the prosecution did not offer evidence for such claims.
"There is not a single piece of evidence that the defendant Čadjenović became a member of the criminal organization allegedly created by Zvicer. The factual description is unclear regarding the decisive fact by whom the defendant Čadjenović was recruited to become a member of the criminal organization created by Radoje Zvicer and which member criminal organization transmitted the orders and instructions of the organizers of the Swiss criminal organization", stressed Aković.
He stated that Čađenović is accused of concealing the perpetrators of the most serious crimes and of not initiating criminal proceedings against them.
"This thesis of the prosecution is unfounded and easily disproved. As a prosecutor, the accused Čađenović accused dozens of people who are members of the "Kavak clan". , I will mention two cases in which the accused Čadjenović filed charges against his alleged organizer of the criminal organization Zvicera and the members of the criminal organization to which he allegedly belongs (when, according to the accusation, he was already a member of the criminal organization created by Zvicer) opened the investigation as the acting prosecutor, while on October 2021, 21, he filed an indictment in that case against Slobodan Kašćelan, Radoj Zvicer, Radoj Živković, Milan Vujotić, Dragan Knežević, Vladimir Vučković, Srdjan Jurišević, Zdravko Perunović, Miloš Radonjić, Darko Prelević, Aleksandar Dragićević, Zoran Knežević and Milan Knežević, for the criminal offense of creating a criminal organization, aggravated murder by aiding and abetting (committed to the detriment of Nikola Stanišić) and illegal possession of weapons and explosives matter. The indictment was confirmed by this court. On 2021. year, the High Court confirmed another indictment related to the kidnapping and death of Milo Radulović, nicknamed Captain, which was filed by the accused here as the prosecutor. The indictment includes Serbian citizens Veljko Belivuk, Marko Miljković, Nebojša Janković and Ratko Živković. Radoje Zvicer, Slobodan Kašćelan, Radoje Živković, Milan Vujotić, Dragan Knežević, Duško Roganović, Miloš Radonjić and Vladimir Vučković are also on the indictment," Aković said.
He pointed out that there is no evidence that Čađenović had any communications with any of the criminogenic persons that were achieved through "SKY ECC" or in any other way, and that according to the available contents of "SKY ECC", the communications of the organizer of the criminal organization and its members do not mention his name.
Under item II of the indictment, the defendant is accused of obtaining a benefit for Duško Roganović in order to realize the criminal plan by failing to perform his official duties in the manner that on 24.09.2020. did not initiate proceedings against him in the SDT case Kti-S no. 12/20, although the associate witness Milan Kankaraš is on the minutes of the hearing of the associate witness Kti-s no. 12/20 from 24.09.2020. year, among other things, stated: 'as for the murder of Predrag Pedo Pejović, I know that it was organized by Roganović Duško and his team. I know this because, when it happened, I communicated with Duško Roganović through the crypt and I asked him if he knew that Pedo was killed, and he answered that he knew, I think he even said something to the effect that the pedal went off , and from the continuation of the messages I concluded that it was with his people that he organized the murder'. After the investigation, the defendant, as the prosecutor in relation to this case, filed the indictment Kt-S no. 50/20 days 26.11.2020. years. On that day, he submitted the same to the office of the SDT, and the office of the prosecution submitted the indictment to the High Court in Podgorica. That, as it is claimed that Petar Lazović informed Zvicer Radoj on November 27.11.2020, 28.11.2020. that they extracted Duško Roganović from the report does not mean that the defendant Čadjenović acted illegally and on someone else's instructions, but it could mean that Lazović, as a police officer who worked in operational support, had information from "sources" known to him that an indictment was filed, which did not include the name of Duško Roganović and that he 'marketed' that information to Zvicer, and that Zvicer on XNUMX. informed Slobodan Kašćelan by message that no criminal proceedings would be initiated against Duško Roganović, by writing him a message saying 'I finished Dula not to arrest him'", stated Aković.
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