Accused from "Koverta" acquitted again: Identical decision of the Higher Court in the case against Knežević, Stijepović and others

A businessman Dusko Knezevic, former mayor of Podgorica Slavoljub Stijepović and the other defendants in the case known to the public as the "Envelope" affair, were acquitted in a retrial.

In early March, the Court of Appeal overturned the first-instance, acquittal verdict in that case and returned the case to the Higher Court - demanding that in the repeated proceedings, it fully and correctly establish all facts relevant to making a lawful decision, as well as to pay equal attention to the facts that incriminate the accused and those that benefit them.

In addition to Knežević and Stijepović, the following were also acquitted of charges: Branislav Todorović, Živko Šljivančanin, Tamara Krdzic, Goran Grujović i Tomica Knezevic, who are charged with creating a criminal organization and money laundering by the Special State Prosecutor's Office.

On March 7, the second-instance court informed the public that, deciding upon the appeal of the Special State Prosecutor's Office (SDT), but also ex officio, they assessed that the Podgorica High Court had made a decision with significant violations of the provisions of criminal procedure.

According to the Court of Appeal, the verdict of the Special Department of the Higher Court in Podgorica lacks clear reasons on the decisive facts, while certain conclusions are unclear and significantly contradictory.

"Based on the reasons for the appeal and ex officio, the Court of Appeal assessed that the appeal of the Special State Prosecutor's Office, which indicates that the first-instance court committed a significant violation of the provisions of criminal procedure, is well-founded," the statement said.

They then ordered that the High Court clearly explain which facts it considers proven or unproven, along with an assessment of the credibility of potentially contradictory evidence and the reasons why it accepts certain factual and legal conclusions.

The High Court previously noted that during the proceedings it was not proven that the defendants formed a criminal organization, nor that the money that was the subject of the proceedings originated from criminal activities.

The president of the panel, Judge Nenad Vujanović, stated in the explanation of the verdict that there was no evidence that the criminal acts of creating a criminal organization and money laundering had been committed.

The court, however, determined that part of the money that Knežević handed over to Stijepović was used for the needs of the Democratic Party of Socialists (DPS), but it was assessed that in this case it was an illegal financing of a political party, which at the time of its commission was not a criminal offense but a misdemeanor.

The SDT indictment alleges that Knežević formed a criminal organization in 2010 whose members, according to the prosecution, were tasked with withdrawing money from the illegal operations of several companies, after which the money was handed over to him for legal circulation. The prosecution alleged that Knežević's associates converted $110.000 into euros, after which part of the money, 47.500 euros, was handed over to Stijepović.

Knežević is charged with creating a criminal organization, while Tomica Knežević, Branislav Todorović, Živko Šljivančanin, Goran Grujović and Tamara Krdžić are charged with membership in the organization. All of them, along with Stijepović, are also charged with money laundering as co-perpetrators.