The Constitutional Court did not make decisions today on three detention appeals by defendant Danilo Mandić because, as announced by the institution, there was a split in the votes, and the proposals of the rapporteur judges did not receive the required majority.
"Three judges considered that the Constitutional Court was authorized to assess the level of reasonable doubt in terms of the arbitrariness of its reasoning, or rather, the assessment of the reasoning of certain evidence that points to its (non)existence. On the other hand, two judges emphasized that they remained completely consistent with their repeatedly expressed position, which the Constitutional Court expressed in all decisions made by the Detention Chamber, that the 'quantity' of facts and evidence that support reasonable doubt, or the conclusion about reasonable doubt, is within the jurisdiction of regular courts. Because of this position, they stated, it is not up to the Constitutional Court to examine whether the given reasoning satisfies this level, unless the reasoning has no argument," the Constitutional Court announced.
According to unofficial information from "Vijesti", the decision was opposed by the president of the court, Snežana Armenko, and judge Momirka Tešić, who believed that it was not up to the Constitutional Court to assess the degree of reasonable suspicion.
On the other hand, Judge Desanka Lopičić and Judges Faruk Resulbegović and Jovan Jovanović believed that the court should consider reasonable doubt and accept Danilo Mandić's appeals.
The Constitutional Court ruled on the decisions extending Mandić's detention from July, August and September.
"Since there was no majority to make a decision, a re-vote will await the election of the missing judges," the Constitutional Court announced.
Danilo Mandić, nephew of the President of the Parliament of Montenegro, Andrija Mandić, has been charged with several criminal offenses - against public security, causing minor bodily harm, illegal possession of weapons and explosives, and confiscation of a vehicle.
According to the charges, on the night between April 18 and 19 of this year, at around 3:40 a.m., in the center of Podgorica, at the intersection of Bulevar Ivana Crnojevića and Marka Miljanova Street, Mandić allegedly blocked the path of Aris Turković and Darko Perović and shot at them, while driving an official car of the Parliament of Montenegro, a Range Rover.
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