Although testimony was planned for December 8th Bajrama Runway, who, according to the indictment of the Special State Prosecutor's Office (SDT), should tell who planned the attack on the journalist and how. Oliver Lakić, his hearing was postponed.
President of the special council, judge Radovan Vlaović before the start of the main trial hearing at the Higher Court in Podgorica, he clarified this decision, but previously the defendant Goran Rakočević mentioned that the investigating judge issued a ruling excluding the testimony of witness Pista, noting that no one from the defense received that ruling.
"The record of the hearing of witness Bajram Pista was indeed set aside as legally invalid. The decision was made on July 31, 2023, by the investigating judge of the Higher Court. The investigating judge delivered that decision to the SDT, but not to the defense," said Vlaović.
After that, a copy of the decision was handed to the defense attorneys and all the defendants in the courtroom.
Since the decision is not final, the judge added that the hearing of witness Pista has therefore been postponed.
Deciding on the proposal of the Special State Prosecutor's Office dated July 28, 2023, to separate from the case file the record of the hearing of witness Bajram Pista dated August 20, 2021, the investigating judge of the Higher Court issued a decision Kris.br 97/23.
"From the case files of the Special State Prosecutor's Office... formed against the defendant Milan Vujotić et al. for the criminal offense of creating a criminal organization... the record of the hearing of witness Bajram Pista... dated August 20, 2021 and three CDs, which are an integral part of the record of the hearing of the witness, are distinguished. Because this is legally invalid evidence, that is, evidence on which a court decision cannot be based," the judge's decision states.
It is added that after the decision becomes final, it will be separated into a special envelope and kept with the investigating judge of the Higher Court in Podgorica separately from other files and cannot be viewed or used in the proceedings.
The reasoning for the decision explains that the evidentiary hearing of witness Pista was conducted before the Special State Prosecutor's Office on August 20, 2021, but before that, "the defendant's chosen defense attorney was inadvertently failed to adequately inform him of the date of this evidentiary hearing." Prince Filipa, lawyer Mitric Dragan, as well as the injured party's witness Olivera Lakić and her attorney, a lawyer Dalibor Tomović.
The law states that the state prosecutor is obliged to inform the defense attorney, the injured party, the injured party's attorney and the defendant in a suitable manner about the time and place of the evidentiary proceedings that they may attend, except when there is a risk of delay.
If the defendant has a defense attorney, the state prosecutor will, as a rule, only notify the defense attorney. If the defendant is in custody and the evidentiary action is being taken outside the court, the state prosecutor will decide whether the presence of the defendant is necessary.
As there was no risk of delay, the court decided to separate the minutes of the hearing from the case file.
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