The extra-judicial panel of the High Court in Podgorica, presided over by Judge Nenad Vujanović, issued a decision by which, in the process of controlling the indictment against the defendants Milan Janković and other defendants for creating a criminal organization, as legally invalid, numerous evidence of encrypted communication was excluded from the case file. "Anom", which the Special State Prosecutor's Office submitted to the court along with the indictment, "Vijesti" learns.
After the decision becomes legally binding, the court will make a decision after the review of the indictment.
"The court found that the evidence stated in the enacting clause of this ruling is legally invalid, so it made a decision that before making a decision on the justification of the indictment in question, it should be removed from the case file, and that according to the validity of this ruling, it should be sealed in a separate envelope and handed over to the judge for investigation to be kept separately from other case files, and they cannot be viewed or used in the proceedings. Only after the final decision on the aforementioned previous issue, which must be decided at this stage of the procedure, will the court be able to examine the merits of the indictment", the explanation of the decision states.
Defendant Janković's defense attorney, lawyer Nikola R. Ivanović, told "Vijesta" that in this court proceeding, a hearing was held for the second time to review the indictment.
"The defense pointed to the decisions of the courts in Germany and demanded the separation of such evidence and the suspension of the proceedings. "During the second review of the indictment, the court complied with the requests of the defense attorneys and separated the 'Anom' correspondence, i.e. the material delivered to 'Anom', from the case file," said lawyer Ivanović.
In the decision, it is stated that legally invalid evidence is extracted from the case file: "USB flash memory containing communications from the encrypted application 'Anom' 23.512 files of size 21.2 gigabytes, which were delivered with the letter of the US Department of Justice dated 28.06.2022/20.04.2022/XNUMX , which were submitted with attachments in response to the request of the Special State Prosecutor's Office dated April XNUMX, XNUMX. year. Translation of separate communication on the 'Anom' platform from Albanian to Montenegrin, which was made between users of the 'Woulditp' and 'Hislungs' platforms. Official notes of the Police Administration on the identification of users of the 'Anom' application Darko Vukčević, Božidar Vukčević, Spasoj Zlaticanin, Milan Milović, Filip Krstonijević, Alen Doljević, Tonij Junčaj. According to the legal force of this decision, the separated evidence will be closed in a special envelope and given to the investigating judge of this court for safekeeping, separately from other files and cannot be viewed or used in the proceedings", the decision reads.
The representative of the prosecution, the special state prosecutor, stated that she fully supports all the evidentiary proposals described in the indictment, as well as the statements from the hearing of April 12 this year, and suggested that it be confirmed.
The Council considered the case files, evaluated the allegations of the defense's proposal to exclude from the case files the communications made through the "Anom" application, and found that the evidence is legally invalid and cannot be used as evidence in the proceedings.
Indictment
The indictment stated that Milan R. Janković from Bar, Toni N. Junčaj from Tuza, Darko T. Vukčević from Podgorica, Božidar T. Vukčević from Golubovac, Slađan R. Đinović with residence in Zeta, Spasoje A. Zlaticanin with residence in Zeta , Alen M. Đoljević, residing in Tuzi, Filip Đ. Krstonijević from Podgorica, Milan S. Milović with residence in Sutomore, Anton Š. Ljucđonaj with residence in Tuzi and Nikolin Đ. Pepaj, a citizen of Albania, is on the run, that during 2021 and 2022, on the territory of Montenegro, the Republic of Albania, the Republic of Serbia, the Republic of Bosnia and Herzegovina, the Republic of Croatia, Austria and the Netherlands, the defendants Milan Janković and Junčaj Toni, organized a criminal organization, whose goal is to commit criminal acts, for the purpose of obtaining illegal profits and power, and whose members have become the other defendants, as well as unknown persons for the time being.
The purpose of the criminal organization was to commit an unspecified number of criminal acts of unauthorized production, possession and distribution of narcotic drugs. The defendants Janković Milan and Junčaj Toni, as the organizers of a criminal organization, created a criminal plan aimed at committing an unspecified number of criminal acts of unauthorized production, possession and distribution of narcotic drugs. The indictment states that in March 2021, Janković, in co-perpetration together with unknown persons, participated in the commission of a criminal offense and sold 1 kg of cocaine for 32.500 euros. He formed a group "chat" communication in the encrypted application "Anom". According to the indictment, the handover of the drugs took place in Vienna, Martin Strase Street.
According to the indictment, the defendant Milović Milan, in May 2021, in Bar, obtained and kept several pistols "Češka zbrojevka CZ", "Heckler&Koch", "Smith&Wesson", "Steyr", "Walter", "Beretta" without authorization. , and two revolvers of NN brand, model and caliber. Acquired the specified firearm from an unknown person without authorization for acquisition. In the period from May 05 to 08, 2021, through the encrypted application "Anom", in which he used the JID "Petair", in several text messages to an unknown person, the user of the JID "Nativeevent" offered the firearm in question for sale.
In the course of May 2021, he intentionally incited another to commit a criminal offense punishable by law with a prison sentence of five years or a heavier penalty, and the offense was not even attempted. In the way that on May 18, 05, through the encrypted ANOM communication in which he used the JID "Petair", he directly influenced an unknown person, who used the JID "Kindfew" in the encrypted ANOM application, to commit the criminal offense of murder under Article 2021 of the Criminal Code of Montenegro to the detriment of an unknown person from Serbia, who was called "Sarma" in this encrypted application, by sending him several written messages that this person should be deprived of his life. He sent a message to NN user of JID "Kindfew": "Brother, those I have would ask for 143", I won't give it for him", but if you want to rip it off together, you can immediately". He sent it to NN user on the same day JID "Kindfew" also directly influenced him to commit the criminal offense of murder at the expense of the father of a certain Simket, who is a taxi driver, so that this unknown person, while driving, would shoot him two times bullet in the back of the head.
By which the defendant Janković Milan as a co-perpetrator committed the criminal offense of unauthorized production, possession and distribution of narcotic drugs, the defendants Ljucdjonaj and Nikolin Pepaj as co-perpetrators committed the criminal offense of unauthorized production, possession and distribution of narcotic drugs from Article 300 paragraph 2. Đoljević criminal offense of unauthorized production, possession and distribution of narcotic drugs from Article 300 paragraph 1. The defendant Milović Milan committed the criminal offense of illegal possession of a weapon and the criminal offense of aggravated murder by incitement, the indictment states.
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