Forty-six years old SM from Bijelo Polje will remain in custody because he threatened his mother to kill her and his brother, asking them not to enter the house because it was "his grandmother's house."
He was deprived of his liberty on April 1st, after his mother, following the continued violence, decided to end the agony and report him.
She told the prosecutor that she had done the same thing to him six months ago, but felt sorry for her son and then dropped the report.
The 46-year-old man from the Pripčići neighborhood is charged with committing the criminal offense of domestic violence or violence in a family community, and he has been ordered to be detained until further decision by the court.
Deciding on the appeal of his defense attorney, the panel of the Bijelo Polje Higher Court determined that, based on the assessment of the evidence from the case file of the first instance court, there is a reasonable suspicion that the defendant committed the criminal offense he was charged with.
It was explained that he endangered the safety of his mother in the family home - by threatening to attack the life and body of the injured party and a person close to her in a way that, after a short argument, he threatened her - "No one is allowed to enter here, this is my grandmother's house", and then - "When S. comes, I will kill you", which caused the injured party to feel threatened.
"The reasonable suspicion that the defendant committed the criminal offense he is charged with stems from the statement of the injured party MM, who stated that she lives in the family home with her son S., which is an old house that she and her husband built together, in which two rooms have fallen into disrepair, and in which they now live," the files state.
She also told the prosecutor that on April 1, she was sitting with her son S. in her room when he asked where the jacket his nephew had given him was, and that she got up and looked among their things.
When she told him she didn't have a jacket, he told her: "No one is allowed to come in here, this is my grandmother's house," and then threatened to kill her and her other son.
"She argued with S., she asked him if he wanted to beat her, where her grandmother's house was, what she had been doing for 50 years. He replied that it was his grandmother's house, and that she was looking for it at L., who had previously beaten her husband, which caused him to have a speech disorder. She further stated that her son S. and his children do not come to her when she is sick because they do not talk to S.. S. has a drug problem and when he gets angry, she is afraid of him, as well as when he is not home at night. Also, due to threats 5-6 months ago, she reported him, but gave up, because she felt sorry for him," the judges quote her statement.
The judges also explain that the detention is justified, especially considering that SM has been convicted by a final judgment, among other things, for the same criminal offense, which indicates that he is a special returnee, but also due to the fact that the relations between the defendant and the injured party have been disrupted for a long period of time.
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