By the first-instance verdict of the Higher Court in Podgorica, in the "Envelope" case, businessman Duško Knežević was acquitted of charges of creating a criminal organization and money laundering.
Former Podgorica mayor Slavoljub Stijepović (DPS), Branislav Todorović, Živko Šljivančanin, Tamara Krdžić, Goran Grujović and Tomica Knežević were also acquitted of the charges.
The first-instance verdict was reached by the panel of judge Nenad Vujanović, who read the verdict today at 11 a.m.
In his explanation of the verdict, Judge Vujanović pointed out that there is no evidence in these proceedings that the criminal offenses of creating a criminal organization and money laundering were committed, and that there is no evidence that the money originates from criminal activities.
He stated that it is clear that in one case, when it comes to the money that Stijepović took from Knežević, it is about the illegal financing of a political party and that the money was used for the needs of the DPS. The judge pointed out that the party was punished for it at the time and that only since 2020 has illegal financing of parties become a criminal offense, and until then it had not been formulated that way.
Judge Vujanović stated that the court believed Stijepović's defense that he could not even suspect that the money came from a criminal act. The court bases this position on the fact that Atlas Bank's assets amounted to several million euros, which left no room for thinking that a certain amount of money came from illegal flows, because there was already such a large amount of legal money.
The court indisputably established that part of the money that Knežević handed over to Stijepović was for the needs of the DPS.
"These facts have been established beyond doubt, it has been established beyond doubt that this is illegal financing of a political party. At the time, it was a misdemeanor, and in 2020, it became a criminal offense. There is no evidence in the files that Duško Knežević formed a criminal organization. There is no evidence that these individuals are members of a criminal organization. In that sense, there is no specification of what the goal was, what the tasks were. There is nothing that is defined and prescribed in the law that relates to the criminal offense of criminal organization," said Judge Vujanović in the explanation of the verdict.
Lawyer Andrijana Razić, defense attorney for defendant Duško Knežević, told reporters after the first-instance verdict was announced that the defense was not surprised.
"This was the only possible epilogue to this criminal proceeding, this tendentious, senseless and unfounded indictment against our client and against all other defendants in this case. We were very expecting it and we are not surprised, although my colleagues and I were nervous, as we are before any verdict, because you never know, in our judiciary you never know until some things are said. This was without any dilemma and without any doubt. A completely expected decision and the only possible one," Razić said.
She reminded that, in addition to this, Duško Knežević is being tried in three other active court cases before the High Court.
"In all three cases, the defense expects this kind of acquittal. This is just the first in a series that proves what we have been saying from the start, that this is exclusively political persecution," said Razić.
She stated that Knežević is in custody in another case, in which the defense's motion to terminate the detention on bail of almost 500.000 euros was rejected. She added that this decision is not yet final, as the decision is pending in the Court of Appeal, following the defense's appeal.
Aković: If the verdict becomes final, the state will have to pay damages
And for lawyer Lazar Aković, defense attorney for Slavoljub Stijepović, the acquittal is an expected decision.
"The court made an absolutely legal decision and gave a clear review regarding my defense. The court fully believed his defense, that he had no awareness, not even an idea that this was illegal money that he had taken from the accused Duško Knežević. During the proceedings, when reviewing the indictment, we emphasized that there was no evidence that my client had committed a criminal offense and at one time the High Court suspended the proceedings. Upon the appeal of the Special Prosecutor's Office, the Court of Appeal overturned that decision. In the retrial, the High Court again accepted all our arguments and suspended the proceedings. However, upon the appeal of the SDT, the Court of Appeal overturned that decision as well. And for the third time, the High Court issued a decision that, unfortunately, confirmed the indictment. The final epilogue, as you can see, is a first-instance acquittal. This procedure caused enormous moral damage to my client. If this decision becomes final, which I believe, the state will bear the consequences, it will be obliged to pay material compensation "the damage she caused to all the defendants," said lawyer Aković.
The indictment alleges, among other things, that Dusko Knežević, after his associates converted 110.000 dollars into euros, handed over "only" 47.500 euros to Stijepović.
In addition to Duško Knežević and Slavoljub Stijepović, Knežević's associates and friends Branislav Todorović, Živko Šljivančanin, Tamara Krdžić, Goran Grujović and Tomica Knežević were also accused.
The indictment alleges that in the second half of 2010, Duško Knežević created a criminal group, whose members were tasked with withdrawing money obtained from illegal activities of several companies, and then handing it over to him for legal circulation.
Under the first count of the indictment, Duško Knežević committed the criminal offense of creating a criminal organization under Article 401a, paragraph 1, in conjunction with paragraph 6 of the Criminal Code of Montenegro, and Tomica Knežević, Branislav Todorović, Živko Šljivančanih, Goran Grujović and Tamara Krdžić committed the criminal offense of creating a criminal organization under Article 401a, paragraph 2, in conjunction with paragraphs 1 and 6 of the Criminal Code of Montenegro.
Under the second count of the indictment, these defendants, as well as Slavoljub Stijepović, committed, as co-perpetrators, the criminal offense of money laundering under Article 268, paragraph 3, in conjunction with paragraph 1, of the Criminal Code of Montenegro.
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