Alleged health problems of three defendants - Vesna Medenica, Vojin Perunović and Radomir Raičević - have postponed the continuation of the trial of the former President of the Supreme Court and alleged members of the criminal organization gathered around her son Miloš Medenica.
After Vesna Medenica's medical documentation was examined, Special Prosecutor Vukas Radonjić assessed that her forced detention was necessary and that her behavior today, as well as similar behavior in the future, would be grounds for proposing that she be placed in custody.
He also proposed detention for Perunović, who urgently underwent a "non-urgent" operation.
Previously, Vesna Medenica's defense attorney, attorney Zdravko Begović, said in the courtroom that the defendant had back pain last night, which caused her to call an ambulance, and then go for treatment at the "Vaso Ćuković" Special Hospital in Risan, and that this is why she did not appear at today's hearing at the Podgorica Higher Court.
Medical expert Nemanja Radojević assessed, based on the documentation, that Medenica was capable of attending today's main trial.
He explained that the former President of the Supreme Court suffers from a severe chronic spinal disease, and that she recently suffered a physical injury in the form of a torn biceps tendon in her left upper arm.
"According to the description in the medical documentation, this is a serious injury and acute damage," said the expert.
He was reading from the picture the findings that Begović had given him, which were related to Medenica's health condition last night.
"Due to a bad copy of the report, I only see the diagnosis R52, which indicates chronic non-specific pain and analgesic therapy was given. The defense attorney explained that she was referred to Risan, but there is no referral for that. The patient can go to that hospital on his own," the expert explained.
When asked by special prosecutor Vukas Radonjić whether the hospital in Risan was the only institution where Medenica could have turned for help, expert witness Radojević said that the Emergency Department usually sends patients with this type of pain to the Clinical Center of Montenegro (KCCG), and that patients can report to the Risan hospital if they wish.
"The patient could have been examined at the KCCG, or at any other health institution. I assume that she went to the Risan hospital because she was suggested to consult with a doctor in Risan during an earlier medical examination," said Radojević.
The expert also read out today's findings, according to which she was recommended to be hospitalized, which Medenica refused, because she was scheduled to be admitted to the hospital by an orthopedic surgeon for tendon surgery. He also explained that Medenica will be temporarily incompetent to attend the main trial during the duration of her hospitalization and for a week after her discharge from the hospital.
The special prosecutor asked whether Medenica could attend the hearing, and the expert assessed that "the physical injury did not significantly affect her procedural capacity, and that she was able to attend today's main trial, because although examinations were performed and there is an MRI result, she refused hospital treatment."
"She accepts the risks and therefore the consequences of proving procedural incapacity for today's main hearing," added Radojević.
Radonjić characterized Medenica's reasons for not appearing today as "unjustified."
"Vesna Medenica's reasons for not coming are unjustified, she traveled from Kolašin to Risan even though it was not urgent for her condition and then refused treatment. Her forced arrival is necessary, and her behavior today and similar behavior in the future during the main trial will be the basis for us to propose the most severe measure of procedural coercion - detention," the special prosecutor assessed.
Her defense attorney, Begović, assessed that the prosecutor is trying with all his might to create an environment in which Medenica simulates injuries and obstructs the proceedings.
"In Medenica's case, there is no need for forced deportation, because she will come on her own," said her defense attorney.
The court will decide on the separation of proceedings in relation to Perunović and Raičević.
A medical expert has assessed that the surgery Perunović is scheduled to undergo is not urgent. He was admitted to the Nikšić hospital yesterday, and his admission is scheduled for today.
"Perunović suffers from an umbilical hernia with no signs of incarceration, and he was scheduled for surgery yesterday. It is a mild condition with no risk of acute illness. The intervention is not urgent and is an operation that could have been performed in the past or at any time in the future. Recovery takes about seven days and then he can return to normal activities," the expert assessed.
Judge Vesna Kovačević said that it was clear to everyone why Perunović decided to have the intervention at this moment, and that "it was an average citizen who could not have had the surgery so quickly."
Prosecutor Radonjić proposed that Perunović be remanded in custody, because although he was duly summoned to today's main hearing, he did not appear. He pointed out that the accused had previously been in custody and was on the run, and that he was aware of the consequences.
That prosecutor proposed that Perunović be brought forcibly to tomorrow's hearing.
The court ruled to hear Dr. Dragutin Višnjić about the circumstances of Perunović's operation, in order to decide on the prosecutor's motion for Perunović's detention based on that.
At yesterday's hearing, the accused Raičević fell ill, and the expert witness determined that he was not legally competent to attend the hearings because he had suffered an acute myocardial infarction.
According to the expert witness, the doctor suggested hospital treatment, catheterization, and laboratory tests, all of which he refused.
"I believe he is not capable of following the trials, but if he wishes, he can continue," the expert said.
The Special State Prosecutor's Office has filed an indictment against the defendants Miloš and Vesna Medenica, Darko Lalović, Vasilije Petrović, Bojan and Marko Popović, Marko Vučinić, Milorad Medenica, Luka Bakoč, Petar Milutinović, Ivana Kovačević, Radomir Raičević, Marjan Bevenja, Stevo Karanikić and Goran Jovanović and the company "Kopad Company", for the criminal offenses of creating a criminal organization, smuggling, giving and receiving undue influence and inducing unlawful influence, abuse of official position, drug smuggling, illegal possession of weapons, causing serious bodily harm and preventing the production of evidence.
Miloš Medenica is accused of having created a criminal organization in 2019, whose members included his mother Vesna and other defendants, with the aim of smuggling cigarettes and illegally influencing the judiciary, in order to gain illegal profit and power. It is alleged that, in complicity with the defendant members of the criminal organization, he smuggled cigarettes from the Free Customs Zone of the Port of Bar, avoiding customs supervision measures, using false documentation and bribing customs officials.
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