In criminal proceedings, it is not enough to claim that someone had a specific role or task - it is necessary to describe the specific act of commission, which is missing from this part of the indictment.
This was stated today by the defendant Dejan Knežević, continuing his defense before the Higher Court in Podgorica.
The trial of Milo Božović, Petar Lazović, Ljubo Milović and other defendants continued before a special panel presided over by judge Simo Rašović.
Knežević stated that the indictment of the Special State Prosecutor's Office (SDT) does not contain concrete evidence against him.
"At the previous hearing, I explained the circumstances surrounding the Sky ECC live communication, the manner in which the data was obtained, the measures taken to prevent criminal acts, as well as the identities of police officers and international partners who can confirm my allegations.
"In order to avoid repeating the facts already presented, I will now proceed to analyze the indictment, page by page, with the aim of indicating for each claim of the prosecution its actual content, degree of specificity and evidentiary basis," said Knežević and continued:
“On page 10 of the indictment, and then at the beginning of page 168, an almost identical formulation is stated according to which I allegedly 'had the task of, as a police officer, and then an official of the Police Administration of Montenegro, to disclose confidential information to the criminal organization regarding the activities and cases related to the smuggling of narcotics by this and other criminal organizations, Ljubo Milović, and that, on the order of the organizer of the criminal organization, the defendant Ljubo Milović, to undertake police activities in accordance with the interests of the criminal organization, etc.'. However, the indictment does not state how this alleged task arose, who gave it, when it was allegedly carried out, or what it specifically consisted of. There is no description of an event in which I allegedly acted on that task, nor is any action taken that would be contrary to the law stated. It does not state the time, place, manner, or specific content of the information that I allegedly conveyed, nor to whom I conveyed it, nor what the consequence of such action was, but rather states conclusions drawn from the interpretation of third-party communications. In criminal proceedings, it is not enough to claim that someone had a specific role or task - it is necessary to describe the specific act of commission, which is lacking in this part of the indictment.
I would like to particularly address the beginning of the indictment on page 169, although I have already partially explained it at the beginning of my presentation. Namely, from the communication on the 'SKY ECC' encrypted application between the defendant Radoje Zvicer and the person who used the pin 4HE6SF on the 'SKY ECC' encrypted application, it follows that this unidentified person sent messages on 01. 03. 2021 at 20:53: 'What do they say, is this Knežević good in the police', 'have you seen the shifts', to which the defendant Radoje Zvicer replies 'I didn't count which Knežević', 'I just heard a lie and a lie that they dismissed, in order for this unidentified person to send him all the assistants, they brought Dej Knežević to head the criminal investigation department, they gave him the most powerful function', to which message the defendant Radoje Zvicer replies: 'He's good, Dej", and this person replies 'The same as before, just packaged a little differently'. Furthermore, from the communication between the defendants Ljubo Milović and Radoje Zvicer on 02. 03. 2021, it follows that the defendant Radoje Zvicer sends the defendant Ljubo Milović: 'Dejo come to Zoran's place'. To which the defendant Ljubo Milović replies 'Yes', after which the defendant Zvicer Radoje asks him 'Did Brđo put it or did I break in', to which the defendant Ljubo Milović replies: 'Brđo at my suggestion', 'They were nothing special', after which on 03.03.2021. In 2009, the defendant Ljubo Milović informed the defendant Radoje Zvicer by sending him: 'He told them to go to a meeting, to all the bosses, Radonja was there, that if any information leaked out about anyone, he would take them all to a polygraph and that he would bring a polygraphist from Germany.... No one said anything... Then he told them from Bar, Sveti Stefan, Budva, Kotor and Nikšić that there were no privileged people, that he was not interested in either Brano or Delić... they said they thought I had gone crazy', 'He will leave Žižić to commit the murders, 'Well, let's see if he will pass anything on to us, i.e. Petra, or if he will just keep quiet...'
From the letter of the Ministry of Internal Affairs No. 39-102/23-18436/1 dated March 22, 2023, with attachments, it follows that the defendant Knežević Dejan was appointed acting assistant director of the Police Administration on March 1, 2021, at the very time when both the defendant Ljubo Milović and the defendant Radoje Zvicer were communicating about it, and which fact is emphasized by the defendant himself regarding the appointment to this position, so from all of the above, as well as the content of the communications in question, it can be concluded that the defendant Dejan Knežević is the person whom the defendants address as "Dejo" in their mutual communications, while from the testimony of witness Zoran Brđanin, it follows that the exclusive choice of the defendant Dejan Knežević was for police officer Milorad Žižić to remain in the same position, after his arrival as assistant director of the Police Administration.
I have deliberately quoted the beginning of the indictment and comments from third parties from the moment I was appointed as Assistant Director on March 1, 2021, to point out that it does not contain a description of any specific criminal act that I would be charged with. Instead of facts and evidence, the prosecutor, at the very beginning of the indictment, presents comments and subjective assessments of third parties about me, from communications in which I did not participate.
"There is no allegation in the indictment that I provided information to anyone, warned anyone about a search, arrest or any other measure, nor that I participated in the preparation or commission of a criminal offense. It is not even alleged that anyone asked me to perform any illegal act. In this specific case, all three basic elements of a criminal offense are missing: the act of commission, illegality and consequence," the defendant Dejan Knežević pointed out today in his defense.
Bonus video:
