The legal representative Sava Lipovina and lawyer Damir Lekic reiterated two days ago in the courtroom of the Cetinje Basic Court that Acting Judge Marija Cupic demonstrated bias in favor of the accused police officers, compromising the interests of the Cetinje resident who they allegedly tortured, as stated in the indictment.

Consequently, he restated his request for her disqualification, urging that the Higher Court in Podgorica take a ruling on the matter.

The former members of the police Special Operational Support Team are facing trial in front of this judge for the abuse of Lipovina: Petar Lazovic, Ivan Djokovic, and Nesko Jaredić.

Defendant Đoković was absent from the courtroom of the Basic Court in Cetinje on Friday, March 21; however, the judge elected to proceed with the main hearing, justifying that his presence was not essential.

Following this statement, Lekić commented:

“During one of the previous trial hearings, I submitted a motion to disqualify the presiding judge after discovering her familial ties to individuals engaged in business relationships with one of the defendants present here. I elaborated my request in detail at that hearing and highlighted several actions of this judge that have led me to believe she is indeed favoring the defense and acting to my employer’s detriment. My request was ultimately deemed unfounded. The brief explanation provided did not address the claims I articulated in my disqualification request. I maintain that this judge should not preside over this case for the reasons previously stated, namely her blood relation to the individual I identified.”

Lekić informed the judge that the individual he claims to be related to is associated with the defendants in some matters being prosecuted by the Special State Prosecutor’s Office.

“I firmly believe that this case is intricate, and all parties involved, including the injured party, deserve fair treatment, not only the injured party but the defendants as well. Therefore, I am filing for your disqualification… which I request the President of the High Court in Podgorica to evaluate, as this request also pertains to the President of the Basic Court in Cetinje due to his decision in this legal matter and his actions detrimental to my case.”

Based on the trial transcript, the prosecution representative, Nikšić prosecutor Sofia Lukovac, provided no specific commentary regarding Lekić’s motion.

Lazović’s attorney, Nikola Martinovic, remarked that he did not overlook the previously allowed phone call for the injured party to consult with his legal representative and noted that he had subsequently submitted a matching request for the disqualification of the court president.

He also pointed out that a new exemption request cannot be filed until there is a decision on the previous one…

“Regarding your disqualification, the reasons reiterated today are identical to those previously mentioned… Since the disqualification requests were evaluated on their merits based on these reasons, it’s clear that there is an abuse of rights and a reiteration of already settled reasons; consequently, it is your duty to reject this proposal as impermissible, unfounded, and previously decided,” said Martinović.

Lipovina was removed from the courtroom during his statement because he was deemed to be disrupting the procedural order and not complying with the presiding judge’s directives.

He questioned the judge about allowing Djokovic to leave the country and criticized her for perceived bias, particularly for accommodating the defense attorney of defendant Lazovic regarding the disqualification motion.

Lekić countered that Martinović’s claims lack merit, stating that Lipovina’s request had not yet been resolved, and asserted that the acting judge committed an action outside the bounds of the law:

“The court addressed this request on its merits, conducted a main trial hearing, and upon its conclusion remarked that they would determine who is responsible for the decision, which is not permissible under the law.”

Defendant Lazović asserted that he has no friendly or business connections with SJ, who, according to the injured party and his defense lawyer, is alleged to be related to the judge.

Ćupić subsequently concluded the hearing and opted to forward the case files to the president of the Higher Court in Podgorica, but not for her own case’s determination, rather regarding the disqualification of the president of the Basic Court in Cetinje, who had been elevated to the Higher Court just a month earlier.

ACCUSATIONS

Suspended police officer Petar Lazović maintained at a prior hearing that he did not torture Sava Lipovina in early 2020, with his colleagues also denying allegations of mistreatment against the Cetinje man.

The trio faces charges in the Cetinje Basic Court for the abuse of an alleged member of the Cetinje branch of the Škalja clan.

According to the indictment from the Nikšić Basic State Prosecutor’s Office, they allegedly mistreated Lipovina in March 2020 after his home was raided and he was detained for money laundering.

Lipovina previously testified during a prosecution session that Lazović and his associates abused and assaulted him, offering him €200,000 and relocation to the Czech Republic if he agreed to act as a protected witness against the organized crime collective, the Skaljarski Clan.

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