The defense of the defendants in the case against the alleged criminal organization formed by the fugitive head of the Kavač clan, Radoje Zvicer, according to the indictment of the Special State Prosecutor's Office (SDT), continued presenting their closing arguments before the Higher Court in Podgorica today, claiming that the prosecution had not proven the guilt of their clients.
The defense attorney for the accused Nikša Perović, attorney Zdravko Begović, requested an acquittal, stating that there is no evidence that his client committed the criminal offense of money laundering, nor that he was a member of a criminal organization.
"In the prosecution's closing arguments, we heard a request for draconian sentences, but we did not hear draconian evidence. The role of the prosecutor is not to be an executioner who measures out the punishment in advance, but to convince the court that guilt has been proven. The courtroom is not a place where victims are sought to satisfy a form of persecution," said Begović.
He said that the special prosecutor, instead of proving guilt, acted from the position of someone seeking the harshest punishment.
"The weaker the evidence, the harsher the words about the sentence were. That is why the defense believes that the severity of the sentence proposed by the prosecutor does not speak about the weight of the evidence, but rather about its lack," Begović pointed out.
He added that the level of the proposed sentence cannot be a measure of the state's determination, nor proof of the seriousness of the judiciary.
"At the very end, in the Prosecution's closing argument, we heard a proposed sentence that reflects more the desire for an example than the need for a fair assessment of the sanction according to a specific person and a specific act. The court is not called upon to send messages to the public, but to make a lawful and just decision," said Begović.
Special Prosecutor Zoran Vučinić had previously requested multi-year prison sentences for Zvicer, suspended police officers Petar Lazović and Ljubo Milović, and other defendants, who are charged with multiple criminal offenses.
In addition to Begović, closing arguments were also presented by Petar Lazović's defense attorneys, attorneys Nikola Martinović and Borivoje Borović.
They claimed that there was no evidence that Lazović had committed the crimes that the SDT charges him with, including abuse of office, membership in a criminal organization, drug trafficking, cigarette smuggling, and illegal possession of weapons.
The prosecutor had previously proposed a sentence of eight years in prison for abuse of official position for an extended period, eight years for membership in a criminal organization, 15 years each for drug smuggling, two years for illegal possession of weapons, and eight years for cigarette smuggling.
Martinović challenged the Sky communication as evidence and assessed that in this case, as he said, "there is no dilemma about how to rule, but rather the question is how the court will rule."
He requested an acquittal for Lazović, claiming that there was no evidence for the allegations in the indictment.
Borović assessed that Lazović did not have a fair and just trial and proposed that his detention be lifted.
The closing argument was also presented by the defense attorney for fugitives Radoje Zvicer and Milan Vujotić, attorney Marko Radović, who referred to the differences in the prosecution's material, which, as he stated, was handed to him at the hearing where the prosecutor presented his closing arguments.
During the hearing, the defense repeatedly emphasized that the weapons, cigarettes, and drugs that the defendants are charged with were not found or examined.
"This is the first case in history where a smuggling case is being tried without having any confiscated items. They were using photographs as an expert witness. Specifically for the alleged cigarette smuggling, we don't even know whether it was transit or excise goods," said Radović.
He assessed that a conviction in this case would represent a "precedent of precedents."
"We have no place in the EU if the goal is to violate the presumption of innocence," said Radović.
Radović also referred to the murder of Milan Ljepoja in the Belgrade neighborhood of Ritopek, for which Zvicer is charged.
"The fact of violent death can only be relevant if it is determined by an autopsy," Radović said, pointing out that Ljepoja's body has not been found.
The trial is scheduled to continue on June 30, when the defense, as well as the defendants Petar Lazović, Radovan Mujović, Radovan Pantović and Nikša Perović, who are in custody, are expected to present their closing arguments.
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