Lawyer Damir Lekić, the defender of Rad Vojvodić, one of the defendants for smuggling 2,5 tons of cocaine, assessed that the confirmation of that indictment is "a great shame" and that "unfortunately, it reflects the bad state of the judiciary".
He spoke after it was announced that the indictment was confirmed against Vojvodić, Milovan Burić, Zoran Kovačević, Nenad Novović, Nedeljko Brkan and Zoran Drešić, who are charged by the Special State Prosecutor's Office with smuggling 2,5 tons of cocaine and 59 kilograms of methamphetamine.
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In a statement delivered to Vijesti, Lekić said that the judiciary "obviously does not have the necessary strength and courage to work".
"I dare to say that the High Court in Podgorica did not engage in the actual evaluation and analysis of the evidence, that is, the content of the state of affairs that exists in the case file. If it were not so, it would have decided differently, which I am not saying for the sake of my will, but only and solely on the basis of compliance with the law. Specifically, in relation to the defendant Rad Vojvodić, there is no evidence in the case files that could possibly indicate that he is suspected of committing any criminal offense The procedure is based solely on the disputed material obtained through the SKY ECC application. The fact is that there is no other evidence apart from this disputed material. And it is also a fact that the defendant Rade Vojvodic has never used the phone that owns this SKY ECC application, which is a fact according to them. it is not disputed even for the Special State Prosecutor's Office of Montenegro, as well as for the High Court in Podgorica," he said.
The lawyer points out that the defendant Vojvodić's only misfortune is that he is a trained international sailor, that is, a seafarer and that he was on the crew list as a seafarer on the ship at the time that is disputed according to the material obtained through the SKY ECC application.
"It is also a fact that the Australian authorities have already taken all the necessary measures and actions regarding this event, but those in relation to any of the defendants, not even in relation to the defendant Rad Vojvodić, did not result in seeing any criminal proceedings, not even the one that refers to its initial phase, and yet it is about the police and the State Prosecutor's Office, which have many times greater resources and capabilities compared to our police and the Special State Prosecutor's Office of Montenegro," wrote Lekić.
The lawyer points out that it is a fact that the defendant Vojvodić is mentioned through communication with other defendants, but claims that it is "only a couple of minor and negligible places".
"And it is about material that contains tens of thousands of pages. But it is neither his fault nor his will. It was obviously misused for some reason at the expense of others, if at all it can be said that this communication is reliable and accurate, which is not the case, and which time will show".
He also claims that, of course, one person's communication about someone with another person without the participation of that person in question means nothing and cannot be taken as a reliable basis for establishing facts and drawing correct conclusions:
"Well, such communication cannot even serve as evidence for compromising that person about whom the other two people are talking".
"If it were taken into account otherwise, it would be considered absurd. Because one person can accidentally or intentionally tell another person whatever they want about a third person, even an outright lie, such as, for example, that that person killed someone, and that she was in a completely different place at the time of that murder, which shows the very absurdity that this kind of indirect communication can be used as evidence against someone who is being talked about in the conversation, and which also recognizes our right to consider this kind of communication unreliable, and it can be included in conversations such as gossip, town and bazaar conversations, etc. In this way, anyone could be arrested, detained and prosecuted the judges themselves who made the decision to confirm this indictment by spreading false information about them between two people, which false information they have nothing to do with recognize, it was certainly his obligation, but unfortunately it was not, so his behavior like this only illustrates his bad condition, weakness and lack of courage to work, because he obviously did not enter too much into the case files, and if he did, then in this particular case it is still more striking because then by completely indiscriminate acceptance of "everything and everything" served to him by the Special State Prosecutor's Office of Montenegro, including illegal material that cannot be used as evidence, that is, that is not applied and is otherwise not used as evidence in criminal proceedings procedure and the like, he actually makes himself weak and bad, since he is also well aware of what I was talking about, because these are the elementary foundations of evidentiary law," wrote Lekić.
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