The hearing for the review of the indictment against former National Security Agency (ANB) officer Duško Golubović, businessman Sander Stanaj and other defendants for cigarette smuggling was held today at the Higher Court in Podgorica.
The Special State Prosecutor's Office has filed an indictment against Duško Golubović and Sander Stanaj on suspicion of having created a criminal organization that damaged the state by 18 million and 260 thousand euros through cigarette smuggling.
"The indictment, which was fabricated and fabricated, was published in a media outlet, maliciously targeting my family and me and jeopardizing my safety. All in order to make me a cooperating witness, which I am not, nor will I ever be," he said today in the High Court at the hearing for the review of the indictment.
He then asked the presiding judge of the pre-trial chamber, Judge Nenad Vujanović, to confirm the indictment, not because he felt guilty, but because he wanted to prove his innocence.
An indictment has been filed against Golubović and the owner of the Rokšped car center, Sander Stanaj, who the SDT accuses of allegedly leading a criminal group that smuggled cigarettes. In addition to them, the indictment includes 13 other people.
The Special State Prosecutor's Office has charged Golubović and Stanaj, who is on the run, with being suspected of leading a group that damaged the state by at least 18.260.352 euros through cigarette smuggling during 2020 and 2021.
The SDT has filed an indictment against 15 people on reasonable suspicion that Golubović and Stanaj organized a criminal organization that smuggled untaxed cigarettes through the Port of Bar Free Zone during 2020 and 2021.
According to the prosecution, the members of this group were Nuo Stanaj, Abedin Pepić, Andrija Petanović, Vukota Vujošević, Đoko Lješković, Mileta Simanić, Adnan Suković, Ivan Turčinović, Predrag Madžgalj, Veton Berišaj, Prokopije Perić, Dejan Milić and Radoje Dakić.
The prosecution claims that the goal of this organization was to transport cigarettes across the customs line while avoiding customs supervision measures, after which the goods would be distributed on the markets of Montenegro, Bosnia and Herzegovina, Croatia, Slovenia and Italy. These actions, through non-payment of customs duties, excise duties and taxes, caused multi-million damage to the Montenegrin budget, while the criminal organization obtained illegal material gain.
Golubović: My connection to any police or customs officer has not been established
Golubović said he had no evidence that he knew or had any connection to the 13 individuals included in the indictment, except Sander Stanaj. He said he had known him for more than 20 years, as had his family. He added that he knew they owned several companies, including a company registered for the import of tobacco products.
"I never suspected that his company was involved in illegal business, nor did I receive any material or financial benefit from him. He never misled me or involved me in any illegal business," Golubović said.
He particularly pointed out that SDT has neither material nor personal evidence that he participated in the transfer of untaxed tobacco products across the customs line, and that the indictment does not state the place, time, and manner in which he allegedly committed the crimes.
"My connection to any police or customs officer, port worker, or my presence at the Port of Bar has not been established. This clearly indicates that I did not participate in the criminal act of cigarette smuggling, which I will prove during the court proceedings," Golubović stated.
Simanić assessed the indictment as a malicious construction by the Special State Prosecutor's Office and a document that, as he stated, represents a form of pressure to remain in custody as long as possible.
Simanić said that the SDT filed three indictments against him based on the same evidence – SKY communications.
"It is impossible that in one year I was a member of three criminal organizations and had five bosses, while at the same time working as an economist in a small company in the morning," said Simanić.
Lawyer Marković: SDT merely rewrote the provisions of the criminal law
Attorney Velibor Marković, Golubović's defense attorney, pointed out during the review of the indictment that he only knows one of the 16 defendants and that it is not logical that he is the organizer of the criminal organization. He added that the SDT is citing general formulations, without evidence to support them.
"There is no basis for suspicion, let alone reasonable suspicion, in relation to Duško Golubović, especially when it comes to the accusation of being the organizer of a criminal organization, taking cigarettes across the customs line and setting the price for them. It is an indisputable fact that the first defendant Duško Golubović only knows Sander Stanaj and no one else among all the accused. He was not in contact with the others. Therefore, he cannot be treated as a person who formed a criminal organization. The SDT only copied the provisions of the criminal law. Golubović does not know anyone except Stanaj, so it is illogical how he gave orders and tasks to others. The indictment repeats general formulations copied from the law, without any verifiable evidence," Marković assessed.
"The indictment alleges that Golubović and Stanaj devised the transfer of cigarettes and that for that purpose they recruited the other defendants and other currently unidentified persons. However, the indictment does not state how, where, or when. The fact is that Duško Golubović never stayed in the Port of Bar. The SDT can easily verify this by reviewing the video surveillance. The first part of the indictment alleges that he set the prices of cigarettes and the second part alleges that others did. The SDT did not specify with whom, when, or how," Marković emphasized.
Lawyer Razić: The indictment is arbitrary and contradictory
Lawyer Andrijana Razić assessed the indictment as arbitrary and contradictory.
"We have been saying for years that Sky cannot be evidence. I am sure that both the SDT and the court know that we are right. I think that this court should also ask us lawyers whether we have understood the indictment, since it is so pointless, arbitrary and contradictory. With all due respect to the prosecutor, it is completely clear to me that this indictment was not written by human intelligence, because not even Tesla could have written it like this. So it is more appropriate that some other intelligence decides and decides about it, because this human intelligence cannot judge this," Razić assessed.
She added that no cigarettes were found in this indictment either, and that there is again talk of phantom packages and boxes.
"It's like we live in a matrix," Razić believes.
Lawyer Dragoljub Đukanović proposed that the court suspend this procedure.
"It has not been proven to the level of reasonable doubt that these people committed the acts they are charged with. Unlike my colleague, lawyer Velibor Marković, I do not agree that Sky can be evidence in any sense. I could have printed out that so-called Excel spreadsheet. The French state also doubts itself, the Supreme Court of France has asked the court in Luxembourg to rule on whether the French authorities violated the law. The French illegally listened to foreign citizens. This act is called espionage in the security services," Đukanović pointed out.
"Who can say that there was any damage to Montenegro. If there were cigarettes, the question is where and whether they were sold. If they were exported to another country, then there is no damage to Montenegro," Djukanovic added.
Lawyer Stefan Jovanović said that the indictment lacks sufficient evidence.
"I absolutely do not believe this hearing for the review of the indictment. The elements for the criminal offense of creating a criminal organization have not been met. We do not have basic information through the dispositive portion of this indictment. The goal of a criminal organization must bring benefit to each accused, we do not have that here. The indictment relies predominantly on Sky material. I agree with my colleagues on this issue. The Supreme Court of France also asks the question, what if it turns out that they were wrong. There is talk of selling cigarettes, we do not have them. The indictment does not state the damage, it is implied but not stated," Jovanović emphasized.
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