Ilic and his team were sentenced to prison for planning the murder of Marko Ljubiša Kan

This is the first first-instance judgment in which one of the pieces of evidence is exactly Sky communication

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Disclaimer: The translations are mostly done through AI translator and might not be 100% accurate
Illustration, Photo: Shutterstock
Illustration, Photo: Shutterstock
Ažurirano: 12.02.2024. 14:23h

Today in the High Court in Podgorica, the special panel presided over by judge Vesna Kovačević handed down a first-instance verdict of guilty to the defendants for planning the murder of Marko Ljubiša, known as Kan, at the beginning of 2021 in Budva.

The defendant Lazar Ilić was sentenced to a single sentence of five years in prison for the criminal offenses of creating a criminal organization and illegal possession of weapons.

Defendant Strahinja Savić was sentenced to four years in prison for the criminal offense of creating a criminal organization.

The defendant, Nikola Mileković, was sentenced to a single sentence of five years in prison for creating a criminal organization and attempted murder by incitement.

Grga Milićević was sentenced to three and a half years in prison, and Miloš Klečko to three years, for creating a criminal organization.

One of the pieces of evidence that the special state prosecution obtained through international assistance in criminal cases from France is Sky communication.

Judge Kovačević stated that the court privatized as valid evidence.

"That the defendants Ilić Lazar, Savić Strahinja, Milićević Grga, Klečak Miloš and Nikola Milenkovic became members of a criminal organization that was formed on the territory of Serbia and Montenegro by an unknown entity known as "Johnny", the court determines both from the confession of the defendant Savić Strahinja and from all other material and personal evidence conducted during the proceedings. Namely, from the confession of the defendant Savić, the court determines that he came from Serbia to Budva on the instructions of the defendant Ilic in order to monitor the movement of Ljubiša Marko, and which criminal organization planned his murder, which was to be carried out by the defendant Ilić, who provided Savić with transportation from Serbia to Montenegro, i.e. Budva, gave certain funds, false documents in the name of Marin Milan. These documents were found with the defendant Savić, as well as an encrypted phone so that they could be in contact," the verdict explains. Judge Kovačević.

In the explanation, it is also stated that "from the confession of Savić Strahinje, the court determines that he was assigned to rent three flats for the needs of a criminal organization, and that the defendant Ilić Lazar, who was supposed to kill Ljubiša Marko because he as Ilić, a member of the Škaljar clan, told him".

"This was confirmed by SKY communication when Ilić Lazar, whose pin code is G02133, said in a conversation with an anonymous person: "Brother, this year we are cleaning everything, we are starting with Khan, I can't wait to kill him, I dreamed that he ran away from me, I went crazy." . Which further means that this criminal organization was created for the purpose of committing criminal acts of murder as described in the charge of the authorized prosecutor and for the purpose of gaining power, because it is not difficult to conclude that the created criminal organization acquires illegal power by committing that act and sends a clear message to other criminal organizations, that in gaining supremacy and strengthening power, there are no obstacles for it, with the use of violence, which is indicated by the fact that they planned the murders. That it was created on an international scale is also indicated by the fact that they operated on the territory of Serbia and Montenegro, as well as for a long time in view of the planned activities, the execution of criminal acts", states in the explanation of the judgment of judge Kovačević.

"That each of them had specific tasks and that they carried out orders and instructions is established from Savić's confession that they had encrypted phones, that is, a group chat called "Budva" where each of them had their own nickname, PREDATOR, which is was Nikola Milenkovic, PIRANA who was the so-called Johnny, i.e. the organizer of the criminal group, AHILES who was the defendant Ilić and Voja Tankosić, who was the defendant Savić, that they communicated together through that group, related to the movement of the injured Ljubiša Marko and planned to they kill him", said judge Kovačević.

She added "that Milićević Grga and Klečak Miloš are also members of this criminal organization, and the court finds, apart from the confession of Savić Strahinja, that Klečak Miloš drove him both times when he went to Montenegro and transported him from Bijeli Polje to Budva".

"And from the SKY application, it is established that Miloš Klečak had a PIN code of 73U31H, because in a conversation with an anonymous person on Sky communication, he introduces himself and says: "Miloš is Klečak", and as it follows from the Sky application, he communicated with Savić, that is, about his transportation to him assisted in the search of several apartments in Budva and tracking down the injured Ljubiša Marko and said that he should be killed, and that he used the "Golf" vehicle when transporting Savić, which was confirmed both by the defendant Savić's confession and by sky communication". Because after the defendant Savić was discovered, Klečak continued communicating with unknown persons through the SKY application, saying that Voja had fallen and thinking of Savić and that he had to remove the "Golf" vehicle, according to the explanation of the verdict.

Acquittal

The court acquitted Lazar Ilić and Strahilja Savić of having committed the criminal offense of attempted murder of Marko Ljubiša, known as Kan.

"Assessing the evidence presented during the proceedings and the factual description of the indictment that the defendant Ilić carried out the above-mentioned action by preparing the Glock pistol for use, by inserting a bullet into the barrel and making it ready to fire, and in further action prevented by by authorized police officers, and that Savić intentionally helped him in the commission of that criminal act, the court has no evidence that the act of taking the life of the injured Ljubiša Marko was initiated at all. The court concludes that there is no evidence that the defendants Ilić and Savić committed the crime of attempted murder. According to the court's assessment, there is enough evidence to conclude that Ilić made the decision to commit the criminal offense of murder and that he carried out preparatory actions, together with Savić, who helped him in this. However, these actions do not constitute the actions of the criminal offense of attempted murder , but those actions should be considered preparatory actions that were interrupted by the arrival of the police and the deprivation of liberty of both Savić and Ilić, and before they even met the injured Ljubiša Marko, because they did not even begin to implement it," states the explanation of the verdict.

Lawyer Radonjić: The verdict is illegal, the defense will file an appeal

Lawyer Ranko Radonjić, the defense attorney for the accused Lazar Ilic and Miloš Klečak, told reporters that he did not expect a guilty verdict.

"I believe that the verdict is illegal. The defense will file an appeal within the legal deadline. As you heard, the court accepted the Sky communication as evidence, regardless of the fact that the entire expert defense pointed to the illegality of the communication obtained in this way. Here the accusation is docminantly based on other evidence. First of all, on the confession of the defendant Savić, which he gave before the prosecution. Unfortunately, the judge did not accept our statements in the part that should not accept his defense that he gave during the investigation before the SDT, as evidence. First of all, due to the fact that both he and the defendant Ilić were subjected to physical and psychological torture, which there is medical documentation about, which this panel absolutely did not consider," said lawyer Radonjić.

He emphasized that this court deviated from some standards, both the evidence obtained through international legal aid and other evidence, from the established standards.

"The minimum standard is not met in this procedure, which is to obtain the orders and decisions of the courts on the basis of which the communication was obtained, so that both the defense and the defendant know the legal and technical background of obtaining this communication," said lawyer Radonjić.

He added that there is not a single expert report that would confirm that the phone that was taken from Savić had the "Sky application" installed.

"We don't have any evidence to confirm that. Not a single expert report was conducted by the court that would confirm that the "Sky application" was installed on his phone taken from him, the defense attorney stated.

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