"Tunnel" case: All defendants acquitted

Katarina Baćović, Marjan Vuljaj, Nikola Milačić, Predrag Mirotić, Vladimir Erić, Veljko Marković, Milan Marković and Dejan Jovanović were acquitted today in the Basic Court in Podgorica of the charges in the "Tunnel" case.

The first-instance verdict was pronounced by Judge Borko Lončar.

It concerns the digging of a tunnel from the basement of an apartment on the street across from the High Court to the institution's depot, which was broken into on September 8, 2023, and the thieves stole material evidence stored in that room until September 11, an investigation by the Podgorica prosecutor's office and police has determined. Investigators discovered that the underground tunnel, through which the thieves entered the court depot, had been dug since the end of July.

The reasoning of the verdict states that there is no evidence that the accused committed the criminal offenses of criminal association and aggravated theft as co-perpetrators.

It is also stated that there is no DNA in the tunnel, nor in the archives of the High Court depot, and that the court could not conclude that these defendants dug the tunnel.

"There is only a degree of suspicion that they are seen on camera moving through the city, but there is no concrete evidence," the judge said, among other things, in explaining the verdict.

"Digging tunnels - this is the greatest shame of the security sector in Montenegro," said Judge Lončar.

Lončar assessed that the motive for digging the tunnel from the building across from the High Court to the court depot was never established, and that the value of the seized items, estimated at around 11 thousand euros, could hardly be the reason for such a serious and risky construction activity. As he stated in the explanation of the verdict, neither drugs nor other items from the case file were proven to be the target, and those who dug, if they had wanted to, could have found out where the items of greater importance were located.

Lončar concluded that this event caused "great and lasting damage" to Montenegro, while the security sector experienced one of the greatest embarrassments in its work. He recalled that the digging took place in the center of the capital, in the immediate vicinity of key state institutions and protected figures, which required extensive construction work, but was not prevented or discovered in time.

According to the verdict, the tunnel was not discovered by security services, but by chance, when a court officer noticed a search during a census on September 11, 2023, and spotted an opening leading to an underground passage.

An expert from the Forensic Center assessed at the trial that this was the case with the most preserved traces in the history of forensics, but that none of them yielded results that would point to the perpetrators. The court also cited a number of contradictions in the statements of police officers, as well as shortcomings in documenting the fieldwork.

It was particularly emphasized that the Government had already made a decision on September 28, 2023, to fill in the tunnel, which was done in early October, which, as the court noted, prevented further investigative procedures and analysis.

"The tunnel remains a shame, both for those who dug it and for those who enabled it to happen - whether by action or inaction," Lončar concluded, emphasizing that there is no evidence for the defendants in this case that they committed the crimes they are charged with.

The Basic Court in Podgorica also published the announcement of the acquittal on its website.

According to the indictment, Veljko Marković, Milan Marković, Dejan Jovanović, Vladimir Erić, Predrag Mirotić and Nikola Milačić are charged with the criminal offense of criminal association in conjunction with aggravated theft in co-perpetration. Katarina Baćović is charged with criminal association in conjunction with aggravated theft and forgery of a document, while Marijan Vuljaj is charged with assisting the perpetrator after the criminal offense has been committed.

Jovanović: The accused are not to blame for the tunnel and the shame. It is known who was at the head of the government

The defense attorney for defendant Vladimir Erić, attorney Stefan Jovanović, gave a statement to the media regarding the acquittal.

"I sincerely hope that this verdict will be delivered to the Faculty of Law of Montenegro, so that future lawyers can be instructed on how to do their job if they decide to subpoena. The court ruled perfectly, professionally and legally. What Judge Borko Lončar did in this proceeding is truly incredible, and I'm not referring to the decision itself, I'm referring to the way the proceeding was conducted. We've all heard a detailed analysis of the evidence and even his personal conclusion, or conviction, of everything that happened. I think it's high time that the state, with the hand of justice, scratched its head and asked itself how much longer it will continue like this. In other words, allowing politics to interfere where it doesn't belong, which results in unfounded deprivation of liberty, destruction of life, and payment of damages to all persons," said Jovanović.

He agreed with Judge Lončar's assessment that the greatest shame for the security sector was the digging of this tunnel.

"The accused are not to blame for that tunnel and that shame. It is known who was at the head of the government. You have heard that the mere digging of the tunnel is a shame. You have heard what the court's position is regarding the fact that the tunnel was covered with concrete. If something needs to be investigated, why are you covering up the tunnel where there is supposedly evidence," said Jovanović.