Appeal by the Special State Prosecutor’s Office against the acquittal of the president and members of the Housing Commission to be considered soon

„Apartments“ case before the Court of Appeal on 3 March

The building in which the High Court and Court of Appeal in Podgorica are located (Foto: Mediabiro)
The building in which the High Court and Court of Appeal in Podgorica are located (Foto: Mediabiro)

The panel of the Court of Appeal, to be presided over by Judge Predrag Tabaš, will consider on March 3 the appeal filed by the Special State Prosecutor’s Office against the acquittal judgment in the case publicly known as the „Apartments“ case.

All defendants were acquitted of the charges on 16 May last year due to a lack of evidence that, as members of the Government’s Housing Issues Commission which operated from 2016 to 2020, they had abused their official positions. The judgment was rendered by Vesna Kovačević, a judge of the High Court.

The Special State Prosecutor’s Office filed an indictment against former ministers and officials Predrag Bošković, Sanja Vlahović, Suad Numanović, Ivan Brajović, Osman Nurković, Budimir Šegrt, Dragica Sekulić, Suzana Pribilović, Jelena Radonjić, Damir Šehović, Aleksandar Jovićević and the Head of the Cabinet of the President of Montenegro Dražen Miličković.

The reasoning of the first-instance judgment states that the court assessed all the evidence and found that, during the proceedings, the Special State Prosecutor’s Office had submitted key evidence in the form of ordinary copies, without certification by the competent authority or confirmation of their authenticity. According to the first-instance panel, the proposed evidence did not meet the standard of evidentiary value required in criminal proceedings, and since this evidence constituted the sole basis of the indictment, the court could not conclude that the defendants had committed a criminal offence beyond a reasonable doubt.

The reasoning further notes that Bošković was the president of the Government’s Housing Issues Commission, while the other defendants were members of that body. Judge Kovačević emphasized that the defendants did not deny in their defenses that they had adopted decisions on resolving housing issues for officials, but stated that they had done so in compliance with Articles 28, 30, and 30a of the Decision on the Method and Criteria for Resolving the Housing Needs of Officials. She also pointed out that the defendants stated they had adopted the decisions exclusively in compliance with the conclusions of the Government of Montenegro that preceded the adoption of the said decisions, and that, for them, Government conclusions had a binding character.

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