As the trial of the group accused of the double murder in Veruša continued, a new ex officio defense attorney, attorney Vukoman Golubović, after its predecessor Dragana Vojinović cancelled the power of attorney in writing and the High Court dismissed those duties.
The president of that court Zoran Radovic He appointed a so-called "reserve" defense attorney for all defendants, who have them of their own choosing, which caused outrage among the lawyers involved in the case.
The Podgorica Higher Court stated that they were trying to prevent obstructions that lead to delays in the proceedings, while some lawyers said that this was an illegal action.
Golubović addressed the court yesterday, stating that he had submitted a submission stating that he could not act as a defense attorney ex officio.
He added that he certainly could not provide a defense for everyone, but that he could only provide one for two or three defendants. He also explained that it would take him about a month to prepare a defense due to the complexity of the case.
The defendants' defense yesterday requested from the court that the minutes from the main hearing on April 2 be submitted to the competent state prosecutor's office in order to determine whether a criminal offense was committed by such an assignment of a defense attorney ex officio.
They recalled that Special Prosecutor Miroslav Turković requested this to be done in the case of lawyer Dragana Vojinović.
At the two main trial hearings held on March 12 and 19, attorney Vojinović was present at the trials, whom the High Court appointed as the ex officio defense attorney for all defendants by a decision of March 10.
Both times, however, she left the courtroom, explaining that she was uncomfortable and could not represent the defendants under such conditions.
She was previously appointed as the ex officio defense attorney for the defendant Miomir Đukić, who had revoked the power of attorney of the three previously appointed attorneys.
The trial of the defendants for the murders of Nemanja Prelević (28) and Danilo Peković (20) in Veruša on October 17, 2020, for which Marko Zekić and eight other people are accused, continued yesterday at the Higher Court in Podgorica.
During the evidentiary proceedings, messages between the defendants via Sky applications were read.
At the main trial hearing held yesterday, the new ex officio defense attorney, attorney-at-law doc. dr Vukoman Golubović, was present in the audience. The Higher Court appointed him by decision for all the defendants, although all the defendants have chosen defense attorneys. Attorney Golubović addressed the court, stating that he had submitted a submission in which he stated that he could not act as ex officio defense attorney. He added that he certainly could not provide a defense for everyone, but that he could only provide a defense for two or three defendants, but not for all. He stated that it would take him about a month to prepare a defense due to the complexity of the case.
The defense of the defendants requested that the court submit the minutes of the main hearing on April 2 to the competent state prosecutor's office in order to determine whether a criminal offense was committed by appointing a defense attorney in this way, referring to the situation when special prosecutor Miroslav Turković requested that the minutes be submitted regarding the defense attorney, attorney Dragana Vojinović.
At the two main trial hearings, held on March 12 and 19, attorney Dragana Vojinović was present at the trials, whom the High Court appointed as the ex officio defense attorney for all defendants by a decision of March 10. Attorney Vojinović has been appointed as the ex officio defense attorney for defendant Miomir Đukić since November last year, after he revoked the power of attorney of the three previously appointed attorneys.
Because of all this, according to information from "Vijesti", she canceled her power of attorney in writing, after which the High Court dismissed her. The court then hired attorney Golubović as her ex officio defense attorney.
The High Court recently explained to "Vijesti" why they decided to make such a decision:
“It is true that the Higher Court in Podgorica has issued a decision on the appointment of a defence lawyer ex officio in the event of cancellation of the power of attorney by the defence lawyers of the defendants, revocation of the power of attorney by the accused or unjustified failure of the defence lawyers, which defence lawyer will only in that case, in addition to the accused Đ. M., be the defence lawyer of the other accused in the case. The aforementioned decision aims to prevent obstructions carried out with the aim of delaying the criminal proceedings that would result in the adoption of a verdict. The aforementioned decision is based on the provision of Article 318 paragraph 1 of the CPC, which stipulates that it is the duty of the president of the panel to ensure a comprehensive examination of the case, establishing the truth and eliminating everything that delays the proceedings and does not serve to resolve the matter, and the provision of Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which guarantees the right to a fair trial within a reasonable time. Similar solutions exist in the legal systems of the Republic of Serbia and Spain, and one such decision was previously issued in the case of the Higher Court in Podgorica," said independent public relations advisor Ivana Vukmirović.
Made the decision to take their lives
The Special State Prosecutor's Office has filed an indictment against an eight-member criminal organization led by fugitive Marko Zekić. In addition to Zekić, the defendants also include Miomir Đukić, Dragan Biletić, Vasilije Đukić, Mirčeta Mihailović, Nenad Miličić, Goran Milašinović, Branislav Ivanović and Dragan Tarić.
According to the evidence collected, on October 17, 2020, Marko Zekić, Vasilije Đukić, and Mihailović together killed Nemanja Prelević and Danilo Peković in the town of Uvač, with intent and by prior agreement.
Milašinović, Biletić, Ivanović and Miličić assisted in the serious murder of two Podgorica residents by deliberately creating conditions and removing obstacles. The task of part of the group was to monitor the movement of Prelević and Peković in order to determine the most favorable place and time for their liquidation.
“After they learned that the targets would be at Prelević’s house in Uvač on October 17, they shared this information with Zekić, Đukić and Mirčeta Mihailović, who headed towards Veruša,” the indictment states. It adds that Mirčeta Mihailović handed over an automatic rifle and a pistol to Zekić and Đukić, who, after a brief argument at the door of the cottage, killed Prelević by firing several projectiles into his head and upper body. After killing Prelević, they entered the cottage and killed Peković. Transcripts of the Sky app used by members of this criminal organization revealed that the murder of Prelević and Peković had been planned several months in advance.
Marko Zekić from Berane physically clashed with Nemanja Prelević in a pub in Podgorica, after which he decided to kill him, and informed the other members of the criminal organization he founded about it, the indictment states, among other things.
In the explanation of the indictment, it is written that, according to evidence from France, Zekić informed the other defendants about the conflict he had in a Podgorica bar, through the Sky application, and told them that he had made the decision to kill Prelevic.
"From further communications from 05.08.2020., Zekić states that he made the decision to deprive Prelević Nemanja of his life precisely because of the fight he had with him and with Bajčeta Vladimir and Banović Marinka in a catering facility. In these messages, Zekić states that he had a gun with him that he left behind and at the same time inquires from other defendants about where Prelević lives, what vehicle he drives, and where his house is located, or what street the injured party's house is on," the indictment states.
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