Attorney Vukoman Golubović, who was appointed as a reserve defense attorney ex officio for all defendants in the murders of Nemanja Prelević (28) and Danilo Peković (20) in Veruša on October 17, 2020, told the president of the special panel, Judge Vesna Kovačević, that he would not attend the main trial hearing scheduled for today.
Judge Vesna Kovačević said this in the courtroom of the Higher Court in Podgorica.
Closing arguments were scheduled for today. As the procedural requirements for holding the main trial were not met, the hearing was postponed to April 24th.
Attorney Aleksandar Šćekić did not attend the hearing today, as he did not consent to being replaced by attorney Stefan Jovanović.
"In a telephone conversation, lawyer Vukoman Golubović told me that he could not and did not want to appear at the main hearing, even though he had the right to do so until April 18. He literally said that he would not appear," said Judge Kovačević.
She added that as the president of the special council, she sent a letter to the president of the Higher Court, Zoran Radović, on April 10, after attorney Stefan Jovanović made a remark on the record, and that the defendant Mirčeta Mihailović told him that he did not accept his proxy power of attorney given to him by attorney Aleksandar Šćekić, precisely because attorney Šćekić did not appear.
Defendant Mihailović revoked the power of attorney for attorney Šćekić. Judge Vesna Kovačević said that she proposed that attorney Stefan Jovanović be the official defense attorney for defendant Mihailović, who had been replacing attorney Šćekić until now.
The judge said that attorney Jovanović was familiar with the case files and would fully protect the interests of this defendant and the defense would be adequately represented.
"And all this in order to prevent any abuse by the defendants, who have repeatedly canceled the powers of attorney for their defense attorneys," the judge said.
At the beginning of the main trial hearing, the judge read a letter sent by the defendant Mihailović in which he stated that he was canceling the power of attorney for attorney Aleksandar Šćekić.
"The President of the High Court informed me in a letter dated April 11 that it cannot be determined from the case file that Mirčeta Mihailović revoked the power of attorney for attorney Šćekić, and that for this reason a defense attorney cannot be appointed ex officio," said Judge Kovačević.
Attorney Danilo Mićović, defense attorney for defendant Vasilije Đukić, addressing the court, pointed out that the institute of reserve defense attorney does not exist as such, as defined in the law.
"This is not the way to overcome such and similar procedural situations. The defense has proven that it does not obstruct the court process, nor is it our intention. The current events in the courtrooms of the higher courts in Bijelo Polje and Podgorica are caused, not by obstructions by the defense, but by events that occurred several years ago. This is without wishing to attribute blame to anyone. As for the reserve defense attorney, I believe that attorney Golubović acted according to the law. The trial is certainly not a game, so let's have a reserve player on the bench. A defense attorney is appointed where defense is mandatory. If there is an elected defense attorney, there is no room for an ex officio defense attorney. I would also point out the fact that when one ex officio defense attorney is appointed, it is for one defendant. And from the list of attorneys of the Bar Association of Montenegro, and the selection is made in order. Attorney Stefan Jovanović cannot be anyone's ex officio defense attorney, unless he is in the order to be elected," the attorney stated. Micovic.
He added that the Bar Association of Montenegro has clear and precise rules and that they do not improvise.
When asked by the court whether he wanted any of the defense attorneys present to represent him, defendant Mirčeta Mihailović said:
"I do not want any of the lawyers present to be my ex officio defense attorney. The court must give me some time to think and hire a lawyer of my choice."
Judge Kovačević stated that if the defendant does not do so, the court will appoint him a defense attorney ex officio.
The Special State Prosecutor's Office in Podgorica filed an indictment against the eight-member criminal organization of the accused Marko Zekić, who is on the run.
In addition to Zekić, Miomir Đukić, Dragan Biletić, Vasilije Đukić, Mirčeta Mihailović, Nenad Miličić, Goran Milašinović, Branislav Ivanović and Dragan Tarić are also accused. According to the collected evidence, Marko Zekić, Vasilije Đukić and Mihailović killed Prelević and Peković together on October 17, 2020, in the town of Uvač, with premeditation and 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 in Prelević's house in Uvač on October 17, they communicated this information to 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 application used by members of this criminal organization revealed that the murder of Prelević and Peković had been planned several months earlier. Marko Zekić from Berane physically clashed with Nemanja Prelević in a Podgorica bar, after which he made the decision 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 August 05.08.2020, XNUMX, Zekić announces that he made the decision to take the life of Nemanja Prelevic precisely because of the fight he had with him and with Vladimir Bajčeta and Marinka Banović in the restaurant. In those messages, Zekić states that he is with had a gun that he had left and at the same time inquires with other defendants where Prelevic lives, what vehicle he drives, and where his house is located, i.e. what is the street where the victim's house is located," the indictment explains.
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