In the Higher Court in Podgorica, closing arguments were presented today by defense lawyers in the case against former Supreme Court President Vesna Medenica, as well as Medenica herself.
The verdict will be pronounced on January 28th.
Before the special panel of Judge Vesna Kovačević, special prosecutor Jovan Vukotić said yesterday in his closing argument at the Higher Court in Podgorica that the defendant Vesna Medenica was not an ordinary member of her son Miloš Medenica's criminal organization, but that she represented institutional protection, which was very interested in both civil and criminal cases.
The Special State Prosecutor's Office (SDT) has requested 20 years in prison for Vesna and Miloš Medenica in its closing arguments, said Special Prosecutor Vukas Radonjić. In addition, they have proposed fines of 100.000 euros each.
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"I will disappoint the prosecutor, because even if this verdict becomes final, and considering my age, I will not last all 20 years in prison," Medenica said in her closing arguments.
She said that she was ready to give her life for Montenegro, but not for the Montenegro presented in this way.
"Honorable Trial Chamber, given the pace of these days and the fact that the defense has already presented many arguments in detail, I do not want to take up much of your time or repeat what my defense attorneys have already said, which I fully accept. I do not want to say much, because, as Aristotle said: 'He who cannot say much in a little, does not really know much.' Yesterday we heard that 'little-much' from the prosecutors who spoke for six hours. I am ready to give my life for Montenegro, but not for Montenegro presented in this way. I will never give my face to anyone, ever," Medenica emphasized.
She added that she did not want to heal her own wounds by inflicting wounds on others.
"Everyone thought that if Vesna gets 20 years in prison, she will speak out. Vesna will never speak out. Vesna knows who she is and who she comes from. And I am happy that I have the courage to move forward through life, with a clean face and a high head. My truth is clean in the mud, bright in the darkness, and alive in the grave," said Medenica in her closing remarks.
She added that there was no evidence that she belonged to various criminal groups and that she would not accept the role of a victim, nor would she admit to something she did not do, saying that she believed only in the truth and in the professional integrity of the court.
"I do not want to acquire the status of a victim in front of the public, nor in front of the court. The victims are, in fact, all these co-defendants around me, because I seem to be a 'pricey exhibit' that should serve in today's socio-political reality. Yesterday we listened to the prosecutor. According to his interpretation, do I belong to Petar Milutinović's group, which he calls 'modus operandi', or to some Miković, I don't even know what the man's name is, or perhaps even to my own group? My actions were not described for any of those groups. And we know that this is an important element of the criminal offense. The only thing that was taken as my 'action' was - motherhood. And here I am before you today because of that," Medenica stated.
She said that she had endured three years and eight months of difficult times and that tonight she was ending this first chapter of her life.
"I am ending the chapter in which I subordinated my life to my family and profession, in the best way I knew how, trying to feed the people and wolves around me with my kindness. I have the second half left, the one in which I will fight for the truth. Because the truth, as my defense attorney said, in the courtroom is what is proven, not what is thought or assumed," Medenica said.
She then addressed the special prosecutor's proposed 20-year prison sentence.
"It didn't excite me at all. But I don't know if the prosecutor, as a parent, thought about the children of these people here, how their children will go to school tomorrow, while their parents are being treated like this. The prosecutor's work could have been done professionally and honorably, if the perpetrators were not hated, but rather criminal behavior was sanctioned. As defense attorney Vuksanović said, if there was a death penalty, the prosecutor would have proposed it for me. I will disappoint the prosecutor, because even if this verdict were to become final, and considering my age, I will not last all 20 years in prison. Although that verdict, in essence, depends on you. I believe in your judicial integrity, in your honesty and professionalism, which I remember from some earlier times. I hope you have not deviated from that. Thank you, honorable council. I wish you success in your work and that my truth, which is free in chains, bright in darkness, clean in mud, and alive in the grave, finds its place in this courtroom," she said. is Medenica in the final word.
Begović and Tomanović proposed that Medenica be liberated.
Lawyers Zdravko Begović and Zdenko Tomanović proposed today that Medenica be acquitted of the charges.
Begović said that with the SDT's proposal to sentence Medenica to 20 years in prison, "all the defense attorneys lost ground."
He said he had been in the courtroom for a long time, but that he was "surprised by the proposed draconian sentence."
"It is not easy to defend Vesna Medenica when everyone has turned their backs on her, except those in her house. There is no evidence that she committed any crimes. I suggest that the court acquit her of the charges. During the court proceedings, the SDT did not remove suspicion. The most dangerous moment is when the public demands that the court convict someone. There is no evidence in the case files that she had any contact with members of a criminal organization," said Begović.
Lawyer Tomanović pointed out that there is a political need for Medenica to be convicted.
He said that the political leadership was against her.
"Medenica never had a Skype application, nor did she send messages. The SDT should have proven every element of the criminal act, that she was aware that she was participating in a criminal organization. There is no indication that she planned anything," said Tomanović.
Jovanović: Sky material cannot be evidence for a conviction, in the absence of material evidence
Attorney Stefan Jovanović, Miloš Medenica's defense attorney, proposed to the court an acquittal.
He also proposed a measure requiring Miloš Medenica to report to the police twice a day and not leave the city.
"Sky material cannot be evidence for a conviction, in the absence of material evidence," he said.
He particularly emphasized that none of the 38 witnesses were heard to confirm the criminal offense of facilitating the consumption of narcotic drugs.
He said that no one was heard in court or at the SDT.
"There is no name. There is no drug. The SDT claims it is cocaine. You can't do forensics on drugs from photographs," Jovanović said.
Radošić: I am forbidden to inspect the case files
Zdravko Radošić, defense attorney for defendant Milorad Medenica, said that during the investigation, he was prohibited, by a formal decision, from inspecting the case files.
"First of all, I must complain to this trial chamber, in whose court I have confidence, that as a defense attorney I feel uncomfortable, that I feel humiliated. Namely, during the investigation, I was prohibited, by a formal decision, from inspecting the case files, for the first and so far only time since I have been defending, which is more than 20 years. Until the indictment was filed, I read exclusively on mass media portals what my client and I were denied to know, that we possessed. For my client and I, this information was secret, and for all other persons in the state and beyond it was public. Such a thing, devastating in my understanding, was not only a humiliation of me, I am not personally of any importance, an ordinary anonymous mortal, but something else that is important is humiliated, and that is law and justice. The right to defense has been trampled on," Radošić pointed out.
He added that, as far as the results of the evidentiary proceedings are concerned, the guilt of his and Milorad Medenica cannot be established beyond doubt.
"That is, there is not enough evidence for an undoubted conclusion that he committed the acts listed in the enacting clause of the indictment. Namely, my client is charged with having become a member of an alleged criminal organization, and that he was tasked with using violence and intimidation, as well as monitoring and securing the alleged transport of smuggled goods. However, the prosecution has not offered valid evidence for such an accusation. All that has been offered is an alleged communication carried out via a sky platform, in which my client undoubtedly did not participate, where nicknames Miško, Peđa, Škomi, etc. are mentioned by third parties in a certain incriminating context," said Radošić.
He said that "in the absence of any other evidence, there is insufficient evidence for the existence of guilt against my client, or rather, there is only a suspicion, which has not been confirmed in terms of the provisions of the Criminal Procedure Code."
"In this specific case, in this proceeding, the aforementioned communication, even if it is legally valid evidence, is not suitable for proving my client's guilt, because it does not contain the necessary information to be sufficient evidence. And there is no other evidence, apart from it, so I do not know what to dispute in this closing argument. Also, there is no witness who saw or at least heard that my client committed any of the acts described in the indictment. There is no testimony from any of the other defendants that would at least confirm the allegations of the prosecution against him. I propose to the court, by applying the principle of in dubio pro reo, to acquit him of the charges, because it has not been proven that he committed the criminal acts he is charged with in the indictment," said attorney Radošić in his closing argument.
Vuksanović: There is no material evidence for the allegations made in the indictment
Lawyer Miloš Vuksanović proposed to the court to acquit his clients Nikola Raičević and Marko Vučinić of the charges.
"Without any hesitation, release them because there is no evidence that they have become members of a criminal organization," he said, addressing the president of the panel of judges, Vesna Kovačević.
"Do you, the esteemed panel, believe the allegations of the SDT that Vesna Medenica, who was the second or third person in the state of Montenegro in terms of strength and power, joined the criminal organization of her son, the anonymous Miloš Medenica? Do you believe that Vesna Medenica acted on the instructions of her son, who had a problem with narcotics? That absurdity will be enough to acquit them all of the charges. There is not a single piece of material evidence for the allegations made in the indictment. The SDT bases its position on the defense of the accused Petar Milutinović, whom I called an informal cooperating witness in connection with cigarette smuggling. He testified as a defendant three times in the investigation, and then in court he said that he would not present his defense and would not answer questions," said Vuksanović.
He said that he guarantees with his life that if the special prosecutor could, he would seek the death penalty for Vesna Medenica.
"Only the story about illegal influence and Marko Vučinić's message that he was allegedly taking some money was sold. The illegal influence was not exercised, because some of the money was returned to Vanja Petrović from 'Cijevna komerc'. I suggest that you release Raičević and Vučinić. Do not succumb to pressure. Yesterday, prosecutor Vukas Radonjić 'destroyed' me with such a proposal about sentences. What he proposed is insane," said lawyer Miloš Vuksanović in his closing argument.
Grebović: Bakoč did not sign a single document. He never had an encrypted phone
Lawyer Bojana Grebović proposed an acquittal for the defendant Luka Bakoč and for the legal entity "Kopad Company".
She pointed out that there was no evidence that he was a member of a criminal organization that founded the company "Kopad Kompani" for the purposes of cigarette smuggling.
"His only motive was to establish the company 'Kopad Kompani' for 700 euros for Filip Đurović. He had an offer to earn 700 euros, because he was in debt. The defendant Bakoč did not sign a single document. He never had an encrypted phone. He never purchased encrypted phones, and he is not on "Sky" communications. How can Luka Bakoč be a member of a criminal organization if he does not know anyone, nor was he connected to the organizer of the criminal organization. He did not mediate in cigarette smuggling," said lawyer Grebović. She proposed to the court to terminate his detention, which the court rejected before issuing the verdict.
Asanović: Jovanović never accepted a bribe. Whatever the verdict, we will see each other again in this courtroom.
In his closing argument, attorney Nebojša Asanović proposed an acquittal for the accused customs officer Goran Jovanović.
"The defendant Goran Jovanović has never used the Skype application, nor does he have any communications. He has never accepted a bribe. The essence of the evidence of what the special prosecutor said in his closing argument is that logic replaces evidence, which is that the truck passed Jovanović about 100 meters away and that it is logical that he saw that the truck was empty. Logic is a strong thing, but logic cannot change evidence. When the SDT has no evidence, it resorts to logic. With this indictment, whatever the verdict, we will see each other again in this courtroom," concluded lawyer Asanović.
Bakoč: Cabbage indictment; Radonjić: Bakoč insults the work of the SDT, does not receive a warning from the trial panel
In his closing argument, the accused Luka Bakoč said that he accepted the closing argument of his defense attorney, attorney Bojana Grebović.
"This cabbage indictment..." said Bakoč.
After such offensive words against the SDT, special prosecutor Vukas Radonjić immediately reacted.
"The defendant Bakoč insults the work of the SDT, and in doing so, he does not receive a warning from the trial panel," Radonjić pointed out.
"I didn't know that 'cabbage' was an offensive word. This is my first time in a courtroom," said Bakoč.
Raičević: During the trial, he had a heart attack in the courtroom. There is no evidence against me that I smuggled cigarettes. I was stunned by the closing statement of the special prosecutor
Defendant Radomir Raičević complained to the court that during the trial, he had a heart attack in the courtroom, and that two stents were implanted in him.
Although he had the right to rehabilitation at the Simo Milošević Institute, he did not go just to end this court process.
"I only loaded and reloaded cigarettes in the territory of the free zone of the Port of Bar, which is permitted. There is no evidence against me that I smuggled cigarettes. I am stunned by the closing argument of the special prosecutor. There are only stories from the defendants against me, and it is all a lie. I have never had an encrypted phone. I am not guilty. I propose that you release me," he said in his closing argument.
Vuksanović: The court cannot base a conviction on assumptions
Attorney Damir Lekić proposed suspended sentences for defendants Marko and Bojan Popović, while attorneys Milan Kovačević, Miroje Jovanović, and Miljan Knežević proposed acquittals for defendants Stevo Karanikić and Marjan Bevanja.
Attorney Miloš Vuksanović read the closing argument of his colleague, attorney Bojan Korac, who proposed that the court acquit police officers Darko Lalović and Vaslij Petrović of the charges.
"There is no evidence that Darko Lalović mediated the purchase of cocaine for Miloš Medenica. There is no seized drug. It has not been proven that he used an encrypted Sky phone. It has not been proven that he mediated the purchase of cocaine twice, the first time ten and then 15 grams of cocaine. No drugs were found in this case. The court cannot base a conviction on assumptions. It has not been proven that it was cocaine," Vuksanović stated.
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