Judge Ilija Radulović rejected the defense's proposal to exclude the public from the proceedings against the suspended police officers Jugoslav Raičević i Petar Lazović, accused of torturing members of the Skaljar clan.
"I didn't follow the media yesterday, I didn't arrive, and I think everyone knows very well that no pressure can be exerted on me," said Radulović, emphasizing that the media and the public have the right to follow the proceedings, but with professional and objective reporting.
"I understand what the media is - I believe that, just as the media and the public expect us to act professionally and lawfully, it is important that there are professional and objective media. When reporting, they should adhere to these basic principles," said Judge Radulović.
At the beginning of the hearing, Raičević's defense attorney, lawyer Miloš Vuksanović, explained the proposal to exclude the public from the trial.
"I propose that, in order to protect the personalities of the accused, their privacy and that of their families, the public be excluded from this trial in the further course of the proceedings, because we have witnessed that certain media outlets reported yesterday's trial in a manner that not only does not correspond to what was discussed in the courtroom and what the accused are charged with, but also in a manner that completely renders meaningless the thesis of objective and truthful reporting, which in my opinion can only have the aim of exerting pressure on the court and causing serious consequences for the accused and their families. With the court's approval, I will play part of the media report, in which a journalist can be heard reporting from the trial and stating that the proceedings against Lazović and Raičević, according to the indictment, are being conducted because they kidnapped people and held them in 'locked' apartments and tortured them there," said Vuksanović.
With the court's approval, he played a recording of a television report in which it was stated that the defendants "kidnapped people and held them in shacks where they tortured them."
"I'm not paranoid, but I'm not naive either. I think all this is being done to put pressure on the court - that if Judge Radulović releases these people, the public already has a pre-formed perception," Vuksanović said.
His proposal was supported by Lazović's defense attorney, lawyer Nikola Martinovic, which reminded of the "Tunnel" case.
"All the defendants were acquitted, but the judge Potter", who issued the verdict, exposed to media and political attacks. The same, I fear, is being prepared for you," said Martinović.
Judge Radulović rejected the defense's proposals, assessing that there were no circumstances that would justify excluding the public.
"The court issues a ruling - the proposals to exclude the public from the further course of the proceedings are rejected, because, in the court's opinion, there are no necessary circumstances that would justify excluding the public. I really did not follow the media yesterday, I did not arrive, and I think everyone knows very well that no pressure can be exerted on me. I understand what the media are - I believe that, just as the media and the public expect us to act professionally and legally, it is important that there are professional and objective media. When they report, they should adhere to these basic principles," said Judge Radulović.
Afterwards, he addressed journalists, saying that the courtrooms are open to them in all proceedings he is conducting, and that, if they do not know why someone is being prosecuted, they should feel free to ask...
Vuksanović said that he was glad that the judge made such a decision, but that he wanted to draw attention to the harm suffered by the defendants and their families.
"This kind of reporting is very unpleasant for the accused, their families and us as defense attorneys," said Vuksanović.
Every stress is accompanied by physical symptoms.
As the trial continued, a psychiatric expert, Dr. Željko Golubović, spoke out about the psychiatric findings of allegedly tortured members of the criminal Skalja clan...
He explained when and how stress occurs, what the symptoms are, and Mrvaljević's legal representative, lawyer Tatjana Pavličić She asked to clarify what the symptoms would be for the injured party due to putting a bag over their head and suffocating with it...
"If it is assumed and accepted by the court as fact that a person was strangled, a bag was placed over their head and that suffocation and muscle spasms occurred afterwards, this clearly points to the conclusion that the dominant image was a subjective feeling of fear for life that generates an acute reaction to stress, and physical symptoms dominate... There is no stress that is not accompanied by physical symptoms," he explained.
He said that it was not his job to determine whether the injured party had a bag placed over his head or not.
A photo of a man with a plastic bag on his head was provided to the prosecution and police in 2021 by Europol, after it intercepted communications between police officers and clans via the once-protected Sky app. Mrvaljević claimed that he was in the photo.
Golubović, responding to Jovanović's legal representative, the lawyer Damir Lekić, said that after removing a person from a stressful environment, there is a release, or so-called affective-emotional reaction:
“What clinically corresponds to the symptoms of a post-traumatic stress event”.
Lazović's defense attorney, lawyer Martinović, was interested in whether Golubović's findings were based on clinically verified findings, but also whether someone could voluntarily raise blood pressure and simulate hand cramps.
"Theoretically, it could be a voluntary, or rather manipulative clenching of the fists... In practice, it is not a voluntary carpal spasm, but an involuntary movement," said the expert witness.
Tensions between experts and lawyers
At that moment, Judge Radulović admonished the lawyer. Borivoj Borović.
"...Attorney Borivoje Borović is commenting while defense attorney Nikola Maritnović has the right to ask questions, and while the acting judge is entering the expert's statement into the record, the court issues a ruling: the defense attorney, attorney Borivoje Borović, is warned that he cannot take the floor without being previously allowed to do so by the court, because such behavior constitutes a violation of procedural discipline," said judge Radulović.
Doctor Golubović then continued to answer Martinović's questions, explaining that no one can raise or lower their blood pressure at will...
Lazović's defense attorney, attorney Borović, asked questions that, as he said, were used to check the credibility of the expert witness:
"I have been employed at the Clinical Center of Montenegro for 35 years and have provided expert testimony in thousands of cases, in which I have been engaged by the court and the prosecution. I do not triage or influence the court or the prosecution on whom to call. This issue has a background," he said, responding to Borović's questions about where he works and how often he provides expert testimony for the prosecution.
That's when the argument between Borović and the expert began, and the judge admonished the lawyer, stating that anyone who enters his courtroom must be respected:
"Especially this doctor, because we all know how expert he is, and how much of himself he gives in every case"...
Due to a one-hour work stoppage by employees of the Basic Court, the trial was adjourned at 11 a.m., which Borović commented on by saying, "I've only just started questioning him."
"I'm not on TikTok to answer. You can't question me. I'm not a defendant. You can ask me questions. Learn some manners," the expert said.
Bonus video:
