In the continuation of the trial at the Higher Court in Podgorica, the defendants Radoje Zvicer, Ljubo Milović, Slobodan Kašćelan, Petar Lazović and others accused of creating a criminal organization, drug and weapons smuggling, had Sky messages created using the encrypted ECC application reviewed.
During the evidentiary proceedings, a portion of the Sky communication from February 2021 was reviewed. Special Prosecutor Zoran Vučinić stated that it was made between Petar Lazović and Radoje Zvicer.
"It follows from the content of the messages that Lazović informs Zvicer about the communication he is conducting with a person whose PIN is 'MAK', to whom, according to the prosecution's interpretation, he is offering to sell cocaine at a pre-agreed price. The MAC person has been identified in other cases as Marko Zekić," said Prosecutor Vučinić.
Lawyer Marko Radović asked why the prosecution did not order an expert examination of the items seen in the photographs in the Sky messages.
"How is it possible that only descriptions and photographs are accepted as evidence, without a single material trace," Radović asked, adding that one of the messages read was "completely incomprehensible and abstract," and that this is precisely why an expert examination is necessary.
Attorney Nikola Martinović, defense attorney for Petar Lazović, assessed that the Sky material must be analyzed in its entirety, because it is not possible to derive a chronological or logical sequence of events from the presented correspondence.
"Such fragments are completely unreliable. The defense was never given the opportunity to verify the authenticity, origin and legality of collecting these messages. Identification by PINs is extremely questionable and cannot be used as a basis for an indictment," Martinović believes.
He added that, even if the prosecution's interpretation were accepted, it could not be a criminal offense under Article 300, the purchase and sale of drugs.
"A person who receives an offer to purchase drugs does not commit a crime until they accept the offer," Martinović pointed out.
Sky messages from December 2020, which the prosecution alleges were sent by Milović to Zvicer, were reviewed in the courtroom.
"From the messages sent, it can be seen that Milović informs Zvicer that a ship with cocaine has arrived in the Belgian port of Antwerp, that there were 320 packages of cocaine on board, that a person identified as Futuro is responsible for supervising the unloading, and that 272 packages of the total amount belong to Milović and Zvicer," Vučinić emphasized.
The defense reacted.
"The Special Prosecutor's Office claims in this case that Milović is Futuro's superior, and in another case it claims the opposite, that Futuro issues orders to Milović. How is that possible? For the same messages, in one case Milović is the superior, in another subordinate. It is not known who drinks and who pays," Radović assessed and added.
"I don't believe there is a person in France who would send identical material to our prosecution multiple times. I think this was sent only once. And what the prosecutors did with the letters rogatory, I don't know," said Radović.
Martinović questioned the use of Sky photos as evidence, because they cannot determine the chemical composition of the substances in the photos.
"If the court accepts that weapons be expertly examined based on photographs, then I suggest that blood tests be done based on photographs, and not in a laboratory," said Martinović.
The defense, as at the previous main trial hearing held in early November, disputed the Sky messages.
Today, Radović requested a special expert examination of the Sky materials that are an integral part of the SDT indictment against Zvicer.
The defense attorney assessed that the SDT submitted to the court disorganized and imprecisely selected digital material.
"It has not been determined whether the documentation that France provided to Montenegro was intended exclusively for this case, since the same material appears in several other proceedings. There is no person who can review all this material, determine what relates to this case and what does not. The indictment was confirmed on the basis of unorganized evidentiary material. Therefore, I request that an expert examination determine whether this is indeed the Sky material that was provided from France," said Radović.
The judge said that the SDT submitted a letter of request with which the French authorities provided this very material, and that the court did not make a decision to exclude it from evidence.
In addition to Zvicer, Milović and Lazović, the accused are Radoje Živković, Nikola Spasojević, Slobodan Kašćelan, Milan Vujotic, Duško Roganović, Radovan Mujović, Radovan Pantović and Nikša Perović.
According to the indictment, this criminal organization was formed in the second half of 2020 and, in addition to Montenegro, operated in South America, Africa, Europe, and Australia.
The defendants are charged with several serious crimes, such as serious murders, attempted murders, smuggling of drugs, weapons and cigarettes, as well as abuse of office.
Zvicer is also charged with ordering the murder of Milan Ljepoja, who participated in organizing the attempted assassination of him in Kiev.
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