Defense of a former police officer Strahinje Koprivica and four others accused of drug and cigarette smuggling requested an acquittal, claiming that the Special State Prosecutor's Office (SDT) had not proven that a criminal organization existed, but that the indictment was based on disputed testimony. Blaž Đurković and Sky Communications without any material evidence.
This was claimed yesterday in the courtroom of the Podgorica Higher Court, before which Koprivica and his alleged criminal group are on trial.
According to the SDT indictment, Koprivica is designated as the organizer of a criminal group that allegedly smuggled marijuana and cigarettes in the territory of Montenegro, Croatia, and Bosnia and Herzegovina from 2019 to 2021, in order to gain illegal profit. In addition to him, the indictment also includes Igor Krstović, Djurkovic, Nikola Vukotić i Marinko Koprivica.
Defender Matija Bulatović He said in his closing arguments before the panel of the Higher Court in Podgorica that the indictment was "devoid of any material evidence" and was essentially based on "virtual evidence".
"The Montenegrin judicial system is facing an increasing number of indictments that resemble a Gordian knot and at first glance seem impossible to untangle. This trial chamber is currently dealing with one such case," said Bulatović.
One of the central arguments of the defense related to Đurković's statement given before the Special State Prosecutor's Office, which the SDT used as one of the key pieces of evidence.
Bulatović recalled that Đurković claimed in court that he was subjected to pressure after his arrest and that police officers told him that "his family would forget him in prison," that his children would be raised by someone else, and that another man would "take over" his wife, and that it would be best for him to confess to the crime as presented in the indictment.
According to the defense attorney, this is precisely why Đurković's testimony before the prosecution cannot be considered reliable evidence.
"His statement matches the indictment almost word for word," Bulatović said, claiming that Đurković did not disclose a single fact during the interrogation that was not already contained in the Sky communication.
He assessed that it was particularly significant that Đurković later denied in court the commission of the criminal offenses he was charged with.
The defense also challenged the very construction of the criminal organization described by the prosecution in the indictment.
Bulatović stated that the SDT did not prove the existence of a hierarchy, predetermined roles, or continuity of action, which, according to him, are the basic elements of this criminal offense.
He said that Vukotić and Đurković are only mentioned in the indictment in connection with one alleged criminal activity, after which they no longer appear in actions attributed to the group.
"It is obvious here that Vukotic and Durkovic do not have continuity of criminal activity, nor is there evidence that they planned to commit further criminal offenses," Bulatovic said.
A questionable amount of drugs and Sky messages
Speaking about the role of Strahinja Koprivica, whom the SDT identifies as the organizer, the defense attorney argued that it had not been proven that he founded the group, issued orders, or directed its members.
Bulatović also said that the fact that he was a police officer cannot be considered an aggravating circumstance, as suggested by the prosecution, because, according to the defense, Koprivica had discharged his debt for the equipment.
"It cannot be determined which tasks and orders Strahinja Koprivica issued with a binding character, when and in what manner," Bulatović said.
The defense also contested the part of the indictment that relates to the alleged sale of 368 kilograms of marijuana in Croatia.
Bulatović indicated that Croatian investigative authorities found eight kilograms of marijuana in Denis Maleškić and two kilograms at Domagoj Oreča, but that no material evidence connects the defendants in this case to that drug.
"None of the documents submitted by the competent authorities of the Republic of Croatia mention the names of the accused here, neither in the context of suppliers nor in the context of identified material evidence," he said.
He added that neither biological nor fingerprint expertise linked the defendants to the seized drugs.
The defense devoted a large part of its closing arguments to challenging the Sky Communications.
Bulatović claimed that this was operational data that was subsequently turned into evidence, and that without additional expert testimony, it was not possible to determine the authenticity of the communication or the identity of the Sky account user.
“If the case files only contain outgoing messages without a response, such material does not constitute communication, but rather a one-sided text,” he said.
According to him, the proceedings have not proven that the disputed Sky accounts were used by the accused, nor has the possibility been ruled out that they were used by another person.
Defender Danilo Micovic, who represents Igor Krstović and Strahinja Koprivica, disputed the allegations of damage to the state budget.
"There is no damage to the budget of Montenegro, even if a crime was committed, which it was not. If those goods had been confiscated, one could speak of damage caused to the state," said Mićović.
He stated that the economic and financial expert was "clear and decisive" that there was no damage if the goods were in transit through Montenegro.
Attorney Stefan Jovanovic, also disputed the existence of a criminal organization, stating that it lacks the basic characteristics required by law.
"Sky should serve as operational information that should be used to find material evidence. This criminal organization suffers from certain shortcomings, it has no structure, hierarchy and no division of roles. We do not know who recruited Đurković and what task he was given," said Jovanović.
All defense attorneys proposed to the court that their clients be acquitted of the charges.
The prosecution had previously requested a total of more than 43 years in prison for the defendants - 17 years for Strahinja Koprivica, nine for Krstović, eight each for Vukotić and Đurković, and a year and a half for Marinko Koprivica.
Strahinja Koprivica and part of his criminal group were arrested in October 2024 in an operation by the Special Police Department.
"Vijesti" reported back in May of that year that the Koprivica from Nikšić were in charge of cigarette smuggling from Montenegro to Bosnia and Herzegovina, based on a communication that the European Union Law Enforcement Agency (Europol) had submitted even earlier.
From those transcripts, it appears that Koprivice takes nine euros per pack of cigarettes for the safe passage of vans from Podgorica to Nikšić, and another six euros for securing illegal cargo from the town of Trebjes to the border with Bosnia and Herzegovina.
In the same messages, it was also stated that Trebinjac takes over cigarettes from Koprivica Radomir Ninković, called Letva writes.
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