The personal and professional reasons of Judge Vesna Moštrokol, as well as the status issues concerning her engagement in the panel in the "coup d'état" case, are issues that enjoy an appropriate degree of protection of privacy and the dignity of the judicial office.
This was announced today by the Court of Appeal.
"The Court of Appeal of Montenegro is reacting to allegations published in the media regarding the change in the composition of the panel in the case known to the public as the 'coup d'état'. Regarding the allegations that may lead to conclusions about the reasons for the resignation of the panel president, the Court of Appeal emphasizes that the personal and professional reasons of the judge, as well as status issues related to her engagement in the specific panel, are issues that enjoy an appropriate degree of protection of privacy and the dignity of the judicial office," the statement states.
The Court of Appeal added that, as always, they will act in accordance with the law and procedural rules, with full respect for the rights of the parties and the principles of legality.
"When it comes to the procedural consequences of the change in the composition of the panel, the Court of Appeal points out that every procedural situation is resolved in accordance with the Criminal Procedure Code and established case law, with full respect for the rights of the parties, but also with the obligation to ensure the legality of the procedure and impartiality of decision-making. The Court of Appeal will not comment on the course of decision-making or any procedural actions in the case under consideration, as this would constitute an unauthorized influence on the procedure and could jeopardize the fairness of the trial. The Court remains committed to transparency to the extent permitted by law, while at the same time respecting the principle that public trust in the judiciary is built on lawful and impartial work, and not on media speculation," the Court of Appeal said.
"Vijesti" announced yesterday that the Judicial Council has confirmed the resignation of Court of Appeal judge Vesna Moštrokol, who presided over the three-member panel in the "coup d'état" case...
On December 24 last year, the court concluded a session of the panel regarding the appeal of the Special State Prosecutor's Office against the acquittal of politicians Andrija Mandić and Milan Knežević, among others, on charges of attempted terrorism on the day of the 2016 parliamentary elections, namely the violent seizure of the Parliament of Montenegro.
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The public has not been informed whether the trial panel has reached a verdict in this case. Once the verdict is reached, the panel is obliged to publish it, and then within a month, and no longer than two months, it is obliged to write it and deliver it to the parties.
Several legal experts told Vijesti that the proceedings before the Court of Appeal must be repeated due to a change in the composition of the trial panel in the event that it did not vote on the verdict, while it is not clear whether this is mandatory otherwise.
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