Piperović: The entire procedure was designed to keep certain people in custody

Lawyer Zoran Piperović requested today that the detention order for his client Aleksandar Mijajlović be lifted.

A hearing was held today before the extra-judicial panel of the Higher Court in Podgorica to review the indictment filed by the Special State Prosecutor's Office against Aleksandar Mijajlović, Drago Spičanović, Vladan Lazović, Milovan Pavićević, prosecutor Andrijana Nastić and Predrag Bošković on reasonable suspicion that they committed the criminal offense of creating a criminal organization, and Mijajlović also committed the extended criminal offense of abuse of official position through incitement.

Spičanović is charged with the continued criminal offense of abuse of official position and the criminal offense of disclosure of classified information, Lazović with two criminal offenses of disclosure of classified information, Pavićević with the criminal offense of abuse of official position, and the defendant Nastić with the criminal offense of disclosure of classified information.

Piperović stated that the indictment has no legal basis and that its confirmation would set a dangerous precedent for the judicial system. He added that the SDT indictment lacks the basic elements of the crimes charged against the defendants.

"Anything can happen, but this indictment must not be confirmed. If that were to happen, we would introduce a rule that anyone can end up in prison without any real legal basis. There is no evidence in the case of an organized criminal group, nor of its structure and goals. There is no plan, no goal of the alleged criminal organization, nor specific actions that would confirm its existence. The indictment lists various communications and contacts between people, but no conclusion can be drawn from this about the existence of an organized criminal group," Piperović pointed out.

He believes that the text of the indictment contains illogicalities.

"We have a situation where the indictment mentions persons who are not included in the proceedings, which further calls into question its quality and seriousness. This is a document without precedent in previous practice," Piperović assessed.

He requested the termination of his client's detention.

"I believe that the entire procedure was designed to keep certain people in custody without a valid legal basis. The indictment mentions Ranko Ubović in five places. Who, as you can see, is not charged. Should we go any further? Zoran Lazović is still missing. I hope everything is clear to you," Piperović pointed out.

The SDT statement states, among other things, that from the electronic, material and personal evidence collected by the Special State Prosecutor's Office, together with the Special Police Department, during the investigation and investigation, it was determined that there is a reasonable suspicion that the defendant AM, with currently unknown persons, organized a criminal organization whose members were the other defendants and other, currently unknown persons, which operated in Montenegro, in the period from 2019 to February 2024, and had the aim of committing the criminal offenses of abuse of official position and disclosure of secret information, in order to acquire illegal power, where each member had a predetermined task and role, and in the activities of the criminal organization there was a readiness to apply and violence and intimidation were applied and economic and business structures were used, and there was an influence of the criminal organization on the political and executive authorities, the media and other important social factors.

The SDT adds that the evidence collected in the preliminary proceedings specifically raises a reasonable suspicion that the accused organizer, through the accused who are employees of state bodies or hold public office, namely the accused Spičanović as Assistant Director of the Police Directorate and an officer of the National Security Agency, the accused Lazović as an officer of the Special Police Department of the Police Directorate, the accused Pavićević as Head of the Podgorica Security Center of the Police Directorate, the accused Nastic as a state prosecutor at the Basic State Prosecutor's Office in Podgorica and the Higher State Prosecutor's Office in Podgorica, and the accused Bošković as a coordinator for the municipality of B., of the DPS political party, for monitoring the 2020 Parliamentary Elections, who were illegally abusing their positions and powers, obtained secret and other information that he was not allowed to have.

Forced indictment just to stay in custody

Lawyer Zoran Piperović said at the indictment review hearing that the indictment against Aleksandar Mijajlović and Drago Spičanović was forced and written in this way only to put the two of them in custody.

"First of all, Mijajlović. Someone couldn't stand it because Mijajlović is free because of the cigars," Piperović believes.

He asked the court to suspend the proceedings against Mijajlović, who, according to the SDT, headed a criminal group that he allegedly formed in order to use his influence in the media, security services and institutions to help the former DPS government of Milo Đukanović.

He added that there were other names mentioned in the explanation of the indictment, which were attached as evidence in the indictment. He then listed the names of those with whom Mijajlović communicated.

"DPS President Danijel Živković, Miloš Nikolić, Ivan Vuković, even Nik Đeljošaj, who is asking them for something related to 'Bemaks'. Even Ranko Ubović, who is mentioned as a defendant in the indictment. Maybe they have an inkling," said Piperović.

He then wondered why the indictment did not include journalists Darko Šuković, Kaćuša Krsmanović, Jasmina Muminović and Boris Darmanović.

"Because it follows from the explanation of the indictment that they also helped Aleksandar Mijajlović somewhat, and not a little," Piperović emphasized.

The defense attorney for the accused Predrag Bošković and Pavićević, attorney Mihailo Volkov, asked the court to suspend the proceedings against all defendants by dismissing the indictment, which he characterized as illegal and socially very dangerous.

"Civil communication wants to be presented as criminal. If you confirm this indictment, the sky is the limit. Put a period today and we'll end this farce," said lawyer Volkov.

Attorney Mirko Bošković, defense attorney for the accused Andrijana Nastić, pointed out at today's hearing that the indictment and the charges against Nastić are completely untenable from a criminal perspective.

"We provided the court with very solid arguments in support of such a thesis, both in terms of criminal law and life, so we are sure that in the end the court remained convinced that there can be no question of membership in any criminal organization or the commission of the criminal offense of disclosing classified information," the defense attorney said.

Mijajlović: Don't blackmail anyone, you've reached four percent. I'm talking about the Democrats

During the review of the indictment, Mijajlović denied all allegations in the indictment.

He also sent a message to Democratic Montenegro not to blackmail anyone, because, as he claims, he has evidence against Momo Koprivica.

Defendant Mijajlović pointed out that there was nothing illegal in his correspondence with the other defendants.

"What official position did I abuse, what power did I gain? Why did I ask about some beautiful woman's license plates? I believe that there are many honorable prosecutors in the prosecution who record the abuses of their colleagues. Did they want to indict journalists in this procedure, but they gave up because of the EU? Who gave them the order to do this, to do this? Are those from the BIA who are holding them in check with videos of sexual violence or those who said in 2015 who should be buried? In this indictment, the SDT repeats certain sets of messages several times. Along with Bečić, Šaranović is also building and Momo Koprivica is engaged in illegal activities. I have evidence for that, which I will provide," said Mijajlović.

He added that in this proceeding, the SDT heard from 33 prosecution witnesses, none of whom said anything bad about him, but that the SDT refused to hear from 12 witnesses proposed by the defense.

The defendant Mijajlović said that he is not the owner of "Bemax" and that he has a business relationship with that company. He described in detail his communication with editors and journalists from certain media outlets, with certain politicians and police officers. In one of the communications, Mijajlović told the court that he spoke about organizing a meeting to negotiate the Government at the Ostrog Monastery and that what he said was true.

"Today we are looking at Miloš Medenica and the rumor is that it was initiated from my prison cell. Don't blackmail anyone, don't scare anyone, you've reached four percent. I'm talking about the Democrats," said the accused Mijajlović.

He added that he did not give Predrag Bošković money, but that he imported 40.000 Montenegrin flags into Montenegro and that they talked about it.

He said that prosecutor Andrijana Nastić, who is also included in this indictment, is his sister and that he had been telling her for a long time to leave her job as a prosecutor, especially after the two massacres in Cetinje, in which Prosecutor Nastić was the one leading the investigation.

Spičanović: My children were threatened with slaughter and I sent a message about it to my friend of 25 years, Aleksandr Mijajlović

The accused Drago Spičanović also disputed the allegations in the indictment.

"I would like to remove the stain from my name that the prosecution has inflicted on me with this indictment. I have a long and exemplary police career. I have been awarded several times. I am a lawyer by profession, so I know what abuse of office is. I have not committed any of the three criminal offenses that I am charged with. What I have experienced in these seven months I would not wish on my executioner. My children have been threatened with slaughter, and I sent a message to my friend of 25 years, Aleksandar Mijajlović, with a slightly stronger context. I can say that I now regret such a message. That was my parental reaction in an emotional state," Spičanović said.

He said that he did not disclose classified information and that during the period in which he allegedly committed the crime, he did not even have access to such information.

"On page 149 of the indictment, where the SDT triumphantly included allegations from the communication between Aleksandar Mijajlović and Boris Darmanović from 2020, Darmanović asks Mijajlović if the new head of the Bar Central Police Station is a Serb, and Mijajlović replies 'ours'. The SDT states that it is me, and I was not the head of the Bar Central Police Station during that period," Spičanović pointed out.

Pavicevic: I was dismissed without explanation and that is why proceedings are being conducted

The accused Milovan Pavicevic also denied the allegations in the indictment.

"This is the result of a political-prosecutorial construction. I was dismissed without explanation and that is why proceedings are being conducted. It will not be by chance that disciplinary proceedings are initiated against you. It will not be by chance that criminal proceedings are initiated for abuse in that disciplinary proceedings. And finally, it will not be by chance that I was arrested in these proceedings," he pointed out.

Pavicevic added that the indictment should be dismissed as unfounded.

"It is unclear and contains many false allegations. The prosecutor did not establish the facts in relation to me. The prosecutor put both official duty and civil rights in the same basket. The above messages are mine, but not in the way the SDT presented them. My communication with Mijajlović was largely of a civil nature. The prosecutor discriminates against the right to civil and national affiliation," said Pavićević.

He also addressed the communication related to the litias. He said that the litias were a problem when some of its members appeared under the influence of alcohol and when people with a record on those litias wore crosses.

Nastić: Being arrested in a degrading manner was hard on me, because I didn't deserve this

The accused prosecutor Andrijana Nastic said today at the indictment review that businessman Aleksandar Mijajlović did not command the prosecutor, but that the brother corresponded with his sister.

"The businessman did not command the prosecutor, but the brother corresponded with his sister who did not reveal secret and confidential information. For seven months now, I have not been able to rationally understand where I came from as a defendant in this indictment. I still see myself as a prosecutor, not as an alleged member of the OKG," the accused Nastić stressed.

She particularly emphasized that it is doubly difficult for her because she is before the court both as a defendant and as Mijajlović's sister, and that she has a close family relationship with him.

"The only organization I belonged to and still belong to is the prosecutor's organization. There is no criminal story. I acquired and built my identity through a normal attitude towards life and work. For me, a brother cannot be the head of the OKG, but only a family member," said the accused Nastić.

She added that it was clear from the first message published in the media that this was a private communication that was criminalized.

"It's a correspondence with my brother, with a trusted person. I complain to my brother when I'm having a hard time, when I'm stressed, and those are emotions that I think I have the right to express both as a sister and as a prosecutor," she pointed out.

She assessed that the messages were taken out of context and that it was clear that the communication was between brother and sister.

"I shouldn't have exchanged some of those messages with my brother, but I'm sure everyone in this courtroom exchanges messages with loved ones. I love my brother, I regret that he is here in the dock. The indictment's allegation that the OKG began operating in 2020 was extremely difficult for me. That was the most difficult year of my life. In 15 days, I lost both parents to coronavirus. I was also seriously ill. Then my husband's parents died. In a short time, we lost four family members," said Nastić.

She added that her brother was a support during the most difficult moments.

"This is not some pathetic thing, but I want to present our relationship to the court. I never received any orders or instructions from my brother. I found the arrest, which was carried out in a repressive and extremely degrading manner, difficult. I think that the pictures of me in handcuffs were the most present that day, which immediately creates the image that I am guilty regardless of the outcome of the proceedings. I don't think I deserved this even as their colleague, because I made a huge contribution to the prosecution," emphasized the accused Nastić.

She adds that the period in which she was allegedly a member of the OKG, from 2020 to 2024, is also unclear to her.

"I have never had any contact with politicians, businessmen, I have not dealt with church or media issues," Nastic pointed out.

She then assessed that the indictment contained messages without material evidence.

"It is true that he told me that the job of a prosecutor was not for a woman, that I should go to law school, especially after the two tragedies in Cetinje where I was the acting prosecutor. I never received any benefits or benefits from him, I live off my salary. For all seven months, I patiently waited for the start of the process to prove the truth, because the public did not have a clear picture, it was bombarded with half-information," said Nastić.

"I am asking that this procedure be suspended, because I believe that anything further than this would be exhausting because it is clear that this is a private correspondence with a family member," said Nastic.