With the closing arguments of the State Prosecutor at the Higher State Prosecutor's Office in Podgorica, Irena Burić, and attorney Marko Radović, the retrial of Srđan Z. Popović from Banja Luka, accused of intentionally killing Goran Đuričković on the promenade in Budva, in front of a catering establishment, ended today at the Higher Court in Podgorica.
The president of the criminal chamber, Judge Katarina Padalica, scheduled the announcement of the first-instance verdict for March 3rd.
Popović was previously sentenced in absentia to 15 years in prison. A final decision of the extra-judicial panel of the Higher Court in Podgorica allowed the retrial of the accused Popović, after he was extradited to the judicial authorities of Montenegro.
Prosecutor Irena Burić assessed that, taking into account all the evidence presented, she believes that Popović committed the criminal offense of murder. She proposed that the court convict him according to the law.
"From the DNA report, a profile was found from the seat of the loophole, from where Đuričković was shot, which completely matches the DNA profile of the defendant Popović. Also, three shell casings were found on which his biological material was found. A 'Heckler & Koch' rifle was found in the sea, and by comparing the 7,62 x 50 NATO caliber shells, it was determined that the shots were fired from this rifle. Ballistic expertise determined that all three shell casings were fired from one rifle. Two gunpowder particles were found from the right opening of the loophole. From the Sky application that Popović used, based on selfie photos, he then informs about the course of the court proceedings that are underway in Podgorica and sends the text of the VDT order," said Prosecutor Burić in her closing statement.
She then quoted messages that, according to the prosecution, were sent by the defendant Popović: "Do you know what the problem is, I didn't load the gun"; "It's interesting that I wasn't sitting there"; "I didn't touch the bullets"; "Let's burn down where they keep that evidence"...
Attorney Marko Radović was convinced that the DNA found on the shell casing belonged to the defendant Popović.
“I do not believe that the essence is as presented by the esteemed prosecutor. The defense believes that there is no evidence that Srđan Popović committed the murder. Three documents contain the markings of the cartridges, which contain different numbers. The markings are FNM 575 and FNM 5-55. One cartridge with new markings has appeared. This is a very serious matter. There are no photos of the cartridges in the photo lab, which someone used and inserted one cartridge and replaced it. Because if the photos were not important, why would a ballistics expert take pictures of them. If one cartridge was removed and another inserted before the ballistics examination, how can we rule out the possibility that the shot that killed Đuričković was fired from a rifle found in the sea. He was hit by one shot, and how can we be sure that he was not shot from another rifle, not from the one found in the sea. Regarding the biological material, who can rule out the possibility that it was planted on DNA samples of accused Popović. A DNA profile was taken from Srđan Popović in 2015 by the competent authorities. Later, information was obtained that they did not take a DNA profile. Popović was telling the truth, and the police is deliberately covering up that fact. No traces of sweat, hair, blood... I doubted everything. The Council must not ignore these facts. These are serious abuses. I have a dilemma whether the shot was even fired from the loophole. From the beginning, construction was being made to accuse this man. I suggest that you acquit him of the accusation," said Radović.
He disputed the legal validity of the Sky material. He added that accepting this evidence would result in a "collapse" of the Montenegrin judiciary.
Defendant Srđan Popović presented his defense at the main trial on March 5, 2024, when he pleaded not guilty. He stated that he did not understand weapons and had never fired a weapon.
"I have not passed the test to drive a jet ski, I do not drive a car, I do not know how to drive a jet ski, and I have never ridden a jet ski. I did not know the injured party, the late Đuričković Goran. I do not know anyone, nor did I know anyone who knew or had a conflict with Đuričković. In relation to the period stated in the indictment, I was not even in Montenegro. Before I was extradited to Montenegro from Austria, the last time I was in Montenegro was at the beginning of 2015, around the Christmas holidays, when I was in Budva and Podgorica. I remember that stay because I was out with my friend Srdjan Svjetlanović and he then fired a gun and got into an argument with the police after they arrived, so I was also in the police station, I was detained," the accused stated.
Popović said that he was questioned by the police at the time and that his DNA was taken. "I was released the same day, and he was detained. They took a DNA swab from my mouth."
He stated that he was arrested in Austria on August 2, 2017.
"From then until January 25, 2023, when I was extradited to Montenegro, I was in prison in Austria. Before I was deprived of my liberty, I lived in Graz, Austria, for a year or a little more, and I often stayed there, because I also have relatives. Some 20 days to a month after my arrest in Austria, I learned that there was a procedure being conducted against me in Montenegro. My two travel documents are in prison, and I am talking about travel documents that have been valid since 2015," said Popović.
Srđan Z. Popović from Banja Luka was sentenced in absentia by the Higher Court in Podgorica to 15 years and 10 months in prison for the murder of Goran Đuričković in Budva and illegal possession of a weapon. The first-instance verdict states that Popović is guilty of intentionally killing Goran Đuričković on October 27, 2015, at around 20 p.m. on Slovenska Obala Street in Budva, on the promenade in front of the restaurant "The Old Fishermans Pub".
The first-instance verdict states that the defendant fired three shots at the injured party from the area of the old loophole located on the walls of the Old Town, above the location called "Zvono", from a German-made "Heckler & Koh" automatic rifle, with the factory number removed. The verdict further states that at that moment Đuričković was on the promenade in front of the restaurant "The Old Fishermans Pub". One of the shots fired hit him in the right side of the chest, causing him serious and life-threatening injuries, from which he died on the spot. After that, the defendant Popović fled with a jet ski that had been prepared in advance in the direction of Kotor. In the village of Platamuni, between the beaches of Trsteno and Ploče, he left the jet ski in the bay. In order to destroy biological traces, he set the said jet ski on fire with gasoline and drove away in an unknown direction. He threw the automatic rifle into the sea, which was found on September 12, 2016, in the area between Cape Platamuni and Mogren II beach.
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