Before the start of the main hearing at the Higher Court in Podgorica, at the trial of the defendants for the murder of Miodrag Kruščić and the wounding of Olivera Lakić, and the presentation of the defendants' defense, today the defense attorney for the defendants, attorney Marko Radović, addressed the trial panel with a proposal to remove the testimony of the investigative witness, associate Bajram Pista, from the case file, as legally invalid.
He suggested that he be granted witness status.
"I request that the statement of Bajram Pista, which he gave as a witness in the investigation in these criminal proceedings, be set aside, because, pursuant to the CPC, it is legally invalid evidence. Witness Pista gave his statement in these proceedings after he had previously been heard by the same prosecutor in a previously conducted investigation, in another case, as a cooperating witness, when he presented his knowledge and certain events that are the subject of this indictment," emphasized attorney Radović.
"Specifically, Pista Bajram stated in his statement as a cooperating witness that Filip Bešović and Goran Rakočević recruited him to commit a criminal offense to the detriment of Olivera Lakić. However, the prosecutor did not, in accordance with the CPC, issue an order to expand the investigation in relation to that criminal offense against Bešović and Rakočević, even though they had the status of defendants in that investigation, in which he gave a statement as a cooperating witness. On the contrary, the prosecutor opened a new investigation and then called Pista Bajram as an ordinary witness to repeat everything he said in his statement as a cooperating witness. In this way, the prosecutor violated Bešović and Rakočević's right to a fair and just trial and the right to defense," Radović emphasized.
Special Prosecutor Nataša Bošković said that she opposes that request and that the SDT is working on obtaining evidence - SKY communications of Jovan Mirković, in order to legally strengthen the evidentiary force of the claims made by Bajram Pista in his statement.
Lawyer Miloš Vuksanović then reacted.
"I am grateful to the prosecution attorney for previously stating that the SDT is collecting evidence that is not yet in the case files. I am grateful because, unlike some other proceedings before this court, this evidence was not announced. I called it 'proposing evidence from an ambush'. Bearing in mind that we cannot assume what this new evidence may contain, I will advise my clients that, if the hearing is held, they should either not present a defense or say one sentence, not admit guilt and deny committing the criminal offense they are charged with," Vuksanović pointed out.
"The prosecution is selling the court a lie in order to avoid the court deciding to exclude the testimony of Pista Bajram upon the defense's request," said the accused Mario Milošević in his address to the court today, after the defense proposed to exclude the testimony of witness Bajram Pista.
"If it is confirmed that there is any SKY correspondence between me and Mirković, I publicly say that I agree to 40 years in prison without any trial. And what will happen if the SDT does not care about it? I am saying this because the indictment against me is based on such communication," said the accused Goran Rakočević.
Audiovisual recording request denied
The court today rejected the request of attorney Dalibor Tomović, legal representative of Olivera Lakić, for audio-visual recording of the proceedings. The judge stated in the decision that the court does not have the capacity to adopt this request.
The president of the special chamber, Judge Igor Đuričković, postponed today's main trial hearing. The continuation is scheduled for March 27th.
The judge said that during the next hearings, the court will announce its decision on the defense attorney's request to remove the testimony of witness Bajram Pista from the case file.
He added that the court will wait seven days to see if the SDT will obtain the aforementioned SKY evidence.
Indictment
Milan Vujotić, former policeman Darko Lalović, Filip Knežević, Mario Milošević, Goran Rakočević, Veselin Bubanja, Filip Bešović, Luka Bulatović, Dejan Vukašinović, Branislav Karadžić, Goran Vukčević, Mijajlo Stojanović, Aleksandar Ljumović and Sanja Božović are included in the indictment.
They are also charged with smuggling 554 kilograms of marijuana from Albania to Montenegro on January 26, 2021.
"The Council of the High Court in Podgorica, by decision Kvso no. 39/23, dated July 31 this year, confirmed the indictment, Kt-S no. 265/20, dated June 20 this year, which the Special State Prosecutor's Office brought against 14 accused persons: MV, GR, FB, FK, SB, LB, DV, DL, BK, MM, MS, A.Lj and GV, for the criminal offenses of creating a criminal organization, grievous bodily harm, aggravated murder, murder by incitement, illegal possession of weapons and explosive substances and unauthorized production, possession and distribution of narcotic drugs Oliver Lakić, from May 8, 2018, aggravated murder of the victim Miodrag Kruščić, May 21, 2018 and smuggling 554 kg of the narcotic drug marijuana, from Albania to Montenegro, on January 26, 2021," was stated earlier in the announcement of the special prosecutor and spokesman of the Special State Prosecutor's Office, Vukas Radonjić.
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