N5.T1 – Criticism of Verdict: Acquitted of Murder During Robbery
HRA NEWSLETTER 5 – TOPIC 1
The Criminal Panel of the High Court in Podgorica, led by Judge Veljko Radovanović, acquitted seven defendants (Mitro Knežević, Stojan Albijanić, Nemanja Miljković, Petar Zolak, Srđan Svjetlanović, David Banjac, and Stefan Regojević) of charges alleging their participation in the murder of security guard Ljubiša Mrdak during the robbery of the Post Office in Nikšić in October 2021.
The High State Prosecutor’s Office in Podgorica announced that it would appeal this first-instance verdict.
During the pronouncement of the verdict, Judge Radovanović stated that the indictment failed to establish who fired the fatal shots at Ljubiša Mrdak. “In a way, the court was put in a difficult situation because it had to judge based on such an indictment. The court had to conduct an investigation, hearing dozens of witnesses and reviewing many hours of video footage,” he explained.
He further stated that the High State Prosecutor’s Office failed to provide any evidence “that would reliably and clearly place the defendants at the crime scene or prove that they committed the actions as previously described in the indictment.”
In response, the High State Prosecutor’s Office remarked: “The court must consider whether, apart from all the proposed and presented evidence, more evidence needs to be gathered to reach a decision. This is not the same as conducting an investigation, as some have wrongly suggested, but rather involves taking steps that the court is legally permitted to take.”
A protest was held in Nikšić in response to this verdict, with demonstrators demanding the resignation of top officials in the prosecution and judiciary, referring to the decision as “a crime above all crimes.”
“We demand an answer from the state – how could this shameful verdict happen? Who are these people, and who selects them, allowing criminals and murderers to roam freely in our country?” asked Sanja Gobović, the sister of the murdered Ljubiša Mrdak.
Justice Minister Bojan Božović also commented on the matter through his Facebook profile, stating, “I do not wish to interfere in an ongoing case, but I want to send a clear message – the case is not over yet, and the judicial system will fulfill its duties in accordance with the law.”
This situation has once again raised concerns regarding the quality of indictment reviews. Notably, a panel of three judges from the High Court in Podgorica had previously determined, ex officio, that the indictment was justified and that there was no need for further investigation.
It is concerning that such serious criminal cases do not result in any of the defendants being found guilty. However, it is crucial to wait for the appeal process to conclude and for the Court of Appeals to make its decision. The case must be reviewed objectively. If the indictment indeed lacked sufficient evidence, ordering a retrial will not serve justice; instead, it will only postpone the final decision and temporarily soothe public outrage.
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