The trial concerning the murders of Nemanja Prelević (28) and Danilo Peković (20) in Veruša on October 17, 2020, involving Marko Zekić and eight other individuals, continued today at the Higher Court in Podgorica.

The communications between the defendants on the Sky app were presented in court.

The defense raised objections regarding the method of presentation of this evidence. Defense attorneys for the defendants requested the disqualification of Judge Vesna Kovačević, the head of the special panel, as well as the entire panel of judges.

After a brief recess of approximately one hour, the President of the Higher Court, Zoran Radović, dismissed the defense’s request to disqualify Judge Kovačević.

The main trial session was adjourned today due to defendant Mirčeta Mihailović revoking the power of attorney for his attorney, Milan Kovačević. The next main trial session is set for March 12.

Attorney Stefan Jovanović, who represents defendant Marko Zekić, outlined the reasons behind the disqualification request in a press statement.

“The outcome of the disqualification request reflects an action that defense attorneys deemed inconsistent with the procedural rules intended by the legislator. The manner in which the Sky Communications evidence is presented is unacceptable to the defense and infringes upon the rights of the defendants. Therefore, the disqualification of the entire panel was sought. However, the court president deemed this request to be unfounded. It is apparent that the concerns raised by the defense attorneys are materializing; in these trials, the imposed deadlines create a pressure that may affect due process. We have warned that procedural errors may arise during these sessions. The ramifications of these errors often lead to decisions that could potentially contain flaws, resulting in appeals that revert everything to a preliminary stage or necessitate a new procedure. Perhaps I am biased, but it is clear that we are racing against time to conclude the procedure within mandated deadlines, which ultimately undermines the defendants’ right to a fair defense. The court maintains the tempo dictated by the prosecution. All these cases are influenced by factors that contribute to the prolonged duration of the proceedings,” Jovanović commented.

He further noted that “in this particular case, the Special State Prosecutor’s Office did not suggest a trial in absentia for one of the defendants.”

“We have missed several scheduled dates; however, this is not due to the court’s actions. The slightest misstep was made by the defense attorneys, not the defendants. From the actions observed thus far, it is apparent that the defense is not obstructing the process. The manner in which evidence is being presented is not acceptable. Why is it being conducted in this manner? I believe it is because of the rush. This urgency stemming from the existing deadlines cannot yield positive outcomes. If the objective is merely to reach a verdict to ensure the defendants remain in custody, one must question the integrity of that approach,” said Jovanović.

He emphasized that this case lacks any material evidence to substantiate the allegations made in the indictment.

“The Sky communication serves as the proposed evidence, and apart from that, there is essentially nothing,” Jovanović stated.

Attorney Miloš Vuksanović informed reporters that the end result of this evidence presentation approach led one defendant to revoke his power of attorney with his defense team.

“He no longer perceives the purpose of their continued representation in this criminal case. When the defense suggests anything meaningful to support the defendants’ case, it feels as if they are attempting to undermine the process. There is a constant fear of being accused of obstructing the proceedings. There seems to be an unyielding desire to conclude the criminal proceedings at all costs, even if it means deliberately violating fundamental provisions of criminal procedure just to adhere to the three-year timeline. This scenario makes little sense. It ceases to be a criminal trial and devolves into a frantic race against the clock that bears no resemblance to a standard judicial process,” Vuksanović remarked.

The Special State Prosecutor’s Office submitted an indictment on May 13, 2022. If a first-instance verdict is not issued by May 13, 2025, defendants currently in custody will be released to defend themselves while at liberty during subsequent proceedings. In addition to Zekić, the accused include Miomir Đukić, Dragan Biletić, Vasilije Đukić, Mirčeta Mihailović, Nenad Miličić, Goran Milašinović, Branislav Ivanović, and Dragan Tarić. Based on the evidence collected, Marko Zekić, Vasilije Đukić, and Mihailović allegedly conspired to kill Prelević and Peković in Uvač on October 17, 2020.

Milašinović, Biletić, Ivanović, and Miličić are accused of aiding in the murder of the two Podgorica residents by deliberately facilitating conditions and eliminating obstacles. Part of the group was tasked with monitoring Prelević and Peković to identify the most favorable location and timing for their assassination.

“After confirming that the targets would be at Prelević’s residence in Uvač on October 17, they relayed that information to Zekić, Đukić, and Mirčeta Mihailović, who proceeded to Veruša,” the indictment states. It further notes that Mirčeta Mihailović supplied Zekić and Đukić with a rifle and a pistol, after which they fatally shot Prelević multiple times in the head and upper body at the door of the cottage. Following Prelević’s death, they entered the cottage and murdered Peković. Transcripts of the Sky application used by those associated with this criminal organization indicate that the murders of Prelević and Peković were premeditated months in advance. “Marko Zekić from Beran had a physical altercation with Nemanja Prelević in a Podgorica bar, after which he decided to kill him and informed the other members of the criminal organization he led,” the indictment elaborates.

The indictment explains that, according to evidence from France, Zekić communicated with the other defendants about the conflict he had in the Podgorica bar via the Sky application, indicating that he had resolved to kill Prelević.

“In further communications dated August 5, 2020, Zekić conveyed that he was determined to take Nemanja Prelević’s life due to their earlier fight, as well as with Vladimir Bajčeta and Marinka Banović in the restaurant. In those messages, Zekić mentioned he possessed a firearm and simultaneously inquired of the other defendants regarding Prelević’s residence, his vehicle, and the location of his home, specifically the street where the victim lived,” the indictment clarifies.

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