The criminal panel of the Basic Court in Podgorica terminated the custody of Ljubiša Dukić, one of the suspects in the attack on the journalist Ana Raičković.
It was announced from the Basic Court that the Criminal Chamber partially accepted the appeal of the defense attorney of the suspects, lawyer Danilo Mićović, and changed the decision of the investigating judge, so Dukić was released.
With the same decision, it was decided that in relation to the suspects Zoran Bećirović and Mladen Mijatović, the decision of the judge for the investigation of the Basic Court in Podgorica remains unchanged, which means that these two suspects will remain in custody, it added.
"Deciding on the appeal of the defense counsel of the suspects, the panel of this court appreciated that the investigating judge correctly made a decision in relation to Zoran Bećirović and Mladen Mijatović, appreciating that both suspects are reasonably suspected of having committed the criminal offense of violent behavior. And according to the panel's assessment, in concretely, there are reasons and special circumstances that justify the conclusion of the investigating judge that in the event of his release, the suspect Zoran Bećirović could commit the criminal offense he threatens, while the suspect would Mladen Mijatović could, in the case of his stay at liberty, repeat the crime. In addition, in the further course of the proceedings, it is necessary to hear a witness in relation to whom there is a justified fear that the suspects could influence, for which reason, according to the opinion of the investigative panel, he correctly decided when he ordered the detention of these suspects, due to the danger of influencing him," the court's reasoning states.
On the other hand, the decision of the panel of this court indicated that after the individual analysis of all the evidence collected in the previous phase of the proceedings, including those collected after the decision of the investigating judge, considering that one more witness was heard, it cannot be determined that Ljubiša Dukić is indeed reasonably suspected of having committed the crime of violent behavior, it added.
"The testimony of the injured party, in the part where it is stated that this suspect also hit her son, was not confirmed by the other collected evidence, from which it follows that Dukić may have made contact with the injured party when separating the persons who were fighting, which is acceptable in life and such contact is now he cannot appreciate violent behavior as a characteristic of a criminal act, especially considering Dukić's behavior throughout the event, and the analysis of the video material, which clearly shows that Dukić was the person who was trying all along. to calm the situation, to separate the quarreling parties, and that in the end it was he who protected the injured party, Raičković, from the other suspects, which the victim herself does not dispute in her testimony is another witness who confirmed the allegations of his defense, pointing out that he is sure that Dukić never hit the injured party Uroš Gagović, so the allegations of the injured party are the only evidence against Ljubiša at the moment Dukić, that panel appreciated that they were sufficient to determine the basis of suspicion on which the suspect was detained, but not for the existence of the quality of evidence that would indicate the existence of well-founded suspicion, which is necessary for the suspect to be detained. With such an indisputably established factual situation, according to the panel's assessment, it cannot be concluded that the suspect Ljubiša Dukić is reasonably suspected of having committed the criminal offense charged by the Basic State Prosecutor's Office in Podgorica," the explanation concludes.
Journalist Pobjede was attacked and beaten on Sunday evening in front of a fast food facility in the Block Five neighborhood of Podgorica.
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