The Prosecution is Clouding the Court’s Judgment to Prevent Exclusion of Bajram Pista’s Testimony
Prior to the commencement of the main hearing at the Higher Court in Podgorica regarding the trial of those accused of the murder of Miodrag Kruščić and the wounding of Olivera Lakić, defense attorney Marko Radović made a motion to the trial panel. He requested that the testimony from investigative witness, associate Bajram Pista, be deemed legally invalid and subsequently removed from the case file.
He proposed that Pista be recognized as an ordinary witness.
“I ask that the statement provided by Bajram Pista during the investigation of these criminal proceedings be disregarded as it constitutes legally invalid evidence. Witness Pista had previously testified as a cooperating witness in an unrelated case conducted by the same prosecutor, where he disclosed his insights on events pertinent to this indictment,” attorney Radović emphasized.
“In particular, Pista Bajram indicated in his statement as a cooperating witness that Filip Bešović and Goran Rakočević had recruited him to commit an offense against Olivera Lakić. Nevertheless, the prosecutor failed to issue an order to broaden the investigation concerning Bešović and Rakočević regarding that offense, even though they were defendants in an earlier investigation linked to Pista’s statement as a cooperating witness. Conversely, the prosecutor initiated a new investigation and called Pista Bajram as an ordinary witness, asking him to reiterate what he had previously stated as a cooperating witness. This approach undermines the rights of Bešović and Rakočević to a fair trial and adequate defense,” Radović declared.
Special Prosecutor Nataša Bošković countered this request, stating that the SDT is in the process of gathering evidence – specifically the SKY communications belonging to Jovan Mirković, with the aim of enhancing the evidentiary validity of claims made by Bajram Pista.
Attorney Miloš Vuksanović then responded.
“I appreciate the prosecution’s attorney for indicating that the SDT is in the process of securing evidence that is presently absent from the case files. I am thankful, unlike in some previous cases before this court, that this evidence was not merely hinted at. I have termed it ‘surprise evidence proposal’. Given that we cannot predict the content of this new evidence, I will counsel my clients to refrain from presenting a defense or to simply state one sentence, denying the guilt and disputing the charges brought against them,” Vuksanović remarked.
“The prosecution is attempting to deceive the court to prevent it from making a ruling on the defense’s motion to exclude the testimony of Pista Bajram,” expressed the accused Mario Milošević during his address to the court after the defense’s proposal to dismiss Bajram Pista’s testimony.
“If any SKY correspondence is confirmed between me and Mirković, I publicly declare my willingness to accept a 40-year prison sentence without trial. What will occur if the SDT is indifferent to this? I state this because the charges against me are predicated on such communication,” stated accused Goran Rakočević.
Request for Audiovisual Recording Denied
The court declined the request made by attorney Dalibor Tomović, representing Olivera Lakić, for an audiovisual recording of the proceedings. The presiding judge noted that the court lacks the capacity to grant this request.
Judge Igor Đuričković, the head of the special chamber, has adjourned today’s main trial session, with the continuation set for March 27th.
The judge indicated that during the next hearings, the court would render its decision concerning the defense attorney’s request to remove Bajram Pista’s testimony from the case file.
He further stated that the court would allow a period of seven days to pass to determine whether the SDT will acquire the aforementioned SKY evidence.
Indictment
The indictment includes Milan Vujotić, former policeman Darko Lalović, Filip Knežević, Mario Milošević, Goran Rakočević, Veselin Bubanja, Filip Bešović, Luka Bulatović, Dejan Vukašinović, Branislav Karadžić, Goran Vukčević, Mijajlo Stojanović, Aleksandar Ljumović, and Sanja Božović.
They are also charged with smuggling 554 kilograms of marijuana from Albania to Montenegro on January 26, 2021.
“The Council of the High Court in Podgorica, via decision Kvso no. 39/23, dated July 31 this year, confirmed indictment Kt-S no. 265/20, dated June 20 this year, brought by the Special State Prosecutor’s Office against the 14 accused: MV, GR, FB, FK, SB, LB, DV, DL, BK, MM, MS, A.Lj and GV, for offenses including forming a criminal organization, grievous bodily harm, aggravated murder, murder by instigation, illegal possession of weapons and explosives, and the unauthorized production, possession, and distribution of narcotic drugs related to Oliver Lakić, occurring on May 8, 2018, the aggravated murder of Miodrag Kruščić on May 21, 2018, and the smuggling of 554 kg of marijuana from Albania to Montenegro on January 26, 2021,” as announced earlier by special prosecutor and spokesperson for the Special State Prosecutor’s Office, Vukas Radonjić.
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