In their opening statements before the court, the lawyers for the three defendants accused over the attack on the Ibër-Lepenc canal, Dragisha and Jovan Viqentijeviq, as well as Igor Dimiq, challenged the Special Prosecution’s indictment, calling it one-sided and contrary to the law. They are represented by lawyers Nebojsha Vllajiq, Millosh Deleviq and Jelena Kripokapriq.
The first to present the defense’s position was lawyer Nebojsha Vllajiq, counsel for Jovan Viqentijeviq, who initially submitted his opening statement in writing and then elaborated on it before the trial panel, Betimi për Drejtësi reports.
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According to Vllajiq, the reason citizens turn to the court is their expectation of justice and the uncovering of the truth.
He stressed that the court has an obligation to be objective, impartial and to conduct the proceedings fairly, adding that the same obligation applies to the Prosecution. As he said, Article 7 of the Criminal Procedure Code stipulates that “the prosecutor is obliged to establish the facts in favor of and against the defendant with equal care.” Vllajiq added that the defense has proposed ten pieces of evidence.
The lawyer said the prosecutor is bothered by the fact that the defendant is exercising his legal right to remain silent, but according to him, is not bothered by what is being said now.
“The defendant will speak, but not while the prosecutor is hiding everything and refusing to admit our evidence,” he said.
Vllajiq further argued that the indictment was drafted in a one-sided, impermissible and unlawful manner.
“The items carried by the defendants are described as illegal, even though no law prohibits carrying a knife or a radio. Every citizen has masks and uniforms. The entire construction of co-perpetration between Jovan and Dragisha is wrong and unlawful; there are no such cases in Kosovo’s courts,” he said.
According to him, weapons were seized separately from the two brothers, yet they are charged with unauthorized possession of weapons in co-perpetration, which, he said, makes the criminal qualification more serious, with a punishment twice as harsh.
He also opposed the classification of espionage, saying it was made contrary to the law and that a state secret must exist for this element to be fulfilled. According to him, a view of the Police base in Zubin-Potok, the location of a police patrol, and who the Police director is do not constitute a state secret, because a secret is something defined by law.
The position presented by his lawyer was also supported by defendant Jovan Viqentijeviq himself.
Dragisha Viqentijeviq’s lawyer, Millosh Deleviq, also submitted his opening statement in writing.
During its presentation, Deleviq said that although they had read the indictment and heard the prosecutor’s opening statement, it was still not clear to him what specific action his client is alleged to have committed.
“What exactly did he do that day? If anyone in the courtroom is clear on that, I ask you to stop me after the hearing and explain to me what this man did. This indictment and what the special prosecutor stated describe the event that happened that day. I truly do not know how long the first-instance court will tolerate the SPRK submitting indictments with this kind of content and how long we will tolerate these indictments entering into force and coming to judicial review,” Deleviq said.
He added that the operative part of the indictment uses general and collective wording, such as “they came,” “they placed explosives,” “they lit the fuse,” but without clarifying which of these actions was specifically carried out by Dragisha Viqentijeviq.
“In relation to Dragisha Viqentijeviq, it is assumed there is evidence that the soil/mud on the boots is from the crime scene, but we have not established on what basis the SPRK claims those boots belong to Dragisha Viqentijeviq, while not even proposing the expert who drafted this expert report so that we would have the right to ask questions or challenge this finding or the expert’s conclusion,” Deleviq said.
According to him, during the examination of evidence, the Prosecution will not be able to prove Dragisha Viqentijeviq’s guilt, since it is not known which specific act is attributed to him.
Deleviq said the defense will propose at least four witnesses to prove his alibi, and will also seek to secure two recordings from KEK and in Zubin-Potok.
He also said that Ernest does not qualify for the status of injured party because, according to him, he had no obligation to be at the scene.
Dragisha Viqentijeviq also stated that he fully supports his lawyer’s statement.
On the other hand, lawyer Jelena Kripokapriq, counsel for Igor Dimoviq, said her client is accused of unauthorized possession of weapons because, according to the prosecutor’s opening statement, several items were found in his room that the Prosecution considers weapons and military equipment.
She said the indictment presents the opposite.
“My client is an avid collector of old items, including old household objects, which are rare, and this is neither about weapons nor military equipment. However, the Police, as is clearly seen, at that moment, which was truly a moment of panic, searched the houses near the Ibër-Lepenc canal, and my client’s house is near that canal,” she said.
According to Kripokapriq, this is why the items found in Dimoviq’s house were taken as valid evidence.
“Because at first, when the Police questioned him, he was charged with terrorism, for which I can thank the prosecutor because when we submitted evidence proving my client’s alibi and evidence of his health condition, he eliminated that criminal offense so that only the offense mentioned remains in the indictment,” Kripokapriq said.
In conclusion, she said they will use photographs to show what kind of items her client collected and that they pose no danger to anyone.
“They are insignificant, rusted parts from some weapon that God knows where it was used, and there is no offense here that should be sanctioned,” the lawyer said.
After the parties in the proceedings concluded their opening statements, the hearing was adjourned to continue on another date.
