The Court of Appeal overturned the verdict of the Higher Court in Podgorica against the defendants for planning the murder of the now deceased Milić Minja Šaković in early 2021 and returned the case for retrial.
They found that the first-instance verdict was "affected by significant violations of the provisions of criminal procedure."
The Court of Appeal announced that it had accepted the appeals of the defense lawyers of the accused Jovan Trkulja, Nikola Mirić, Jovan Miranović, Aleksandar Veljović, Saša Stanišić and Boban Milić, and therefore, in response to these appeals and ex officio, it overturned the verdict of the Higher Court in Podgorica - Special Department of May 5 and returned the case to the first instance court for a retrial.
The decision was made after the council's December 1st session.
By the first-instance verdict, Jovan Trkulja, Nikola Mirić and Jovan Miranović were found guilty of committing the criminal offenses of creating a criminal organization and illegal possession of weapons and explosives, and Aleksandar Veljović, Saša Stanišić and Boban Milić of committing the criminal offense of creating a criminal organization.
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Trkulja was sentenced to a single prison sentence of three years and five months, Mirić to a single prison sentence of four years and three months, and Miranović to a single prison sentence of two years and three months.
Veljović was sentenced to two years and eight months in prison, Stanišić to two years, and Milić to two and a half years in prison.
Appeals against the aforementioned verdict were filed by the Special State Prosecutor's Office and the defendants' defense attorneys.
Šaković was killed in June 2022 in Budva.
"In the appeals process, the Court of Appeals determined that the first-instance verdict was affected by significant violations of the provisions of criminal procedure, which are described in detail in the reasoning of the decision, the consequence of which is the annulment of the first-instance verdict and the return of the case to the first-instance court for a retrial. The first-instance court was instructed that it is necessary to eliminate significant violations of the provisions of criminal procedure in the retrial, present all previously presented evidence and others it finds necessary, and after that, it will analyze and evaluate all the presented evidence in a more comprehensive manner, both individually and in their mutual connection, and be able to make a correct and lawful decision," the statement reads.
The decision of the Court of Appeal with detailed reasons will be published on the website of that institution.
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