They made up my nickname Drug and eavesdropped on me for five years!

Darko Šarić (50), who was sentenced to 15 years in prison for cocaine trafficking, in his appeal to the Supreme Court of Cassation, to which he presented a request for protection of legality, accused the judges of inventing the nickname of “Drug”. It also reveals that he was eavesdropped on for five years during the Democratic Party rule!

He demands that he not serve his sentence, but that the verdicts be reversed and that he be tried again before the new impartial judges.

The request, which he submitted through his defense attorneys, attorneys Radoslav Baćović and Danilo Šarić, claims that the judges, in addition to Zoki’s nickname, added new ones to their client and illegally convicted him.

– The courts of first and second instance exceeded the accusation, assigning it a new nickname of “Drug”, expanding the circle of people who make up an organized criminal group, expanding the circle of actions that it assumed, changing the year of foundation of the group . In a situation where the defense has completely refuted the accusation and has shown that Darko Saric’s nickname is not Zoki, the court assigns him a new generic, more prone to manipulation, Drug.. The court needed to prove this claim with additional efforts, certainly, that is, almost infallibly, which was not done. Not only were reasons given that are at the level of relativity and very weak evidentiary credibility, but the defense also provided the court with evidence presented in the main trial, which directly establishes that Darko Saric is not Drug. Thus, in a situation where the court does not support its conclusion with evidence at all, nor does it adequately evaluate it, and where it is sufficient to challenge the court’s conclusion, the defense went one step further and demonstrated that Darko Šarić is not Drug. However, this evidence was not appreciated by either the court of first or the second instance, so it was left to the Supreme Court of Cassation to deal with it. Hypothetically, the court could mark Darko Šarić with “ON” and thereby prove the nickname, and pass the control of the second instance court, Šarić’s lawyers stated on appeal.

The request also reveals that Saric was eavesdropped on continuously for five years, from 2005 to 2009.

– They have been listening to Darko Šarić for years without interruption, flagrantly violating the law, the Constitution and human rights in accordance with international conventions. As a defense, we arrive at the following order numbers: Kri.Pov.br.: 233/05, 290/06; 459/08; 09/09; 113/09; 197/09; 549/09 (first time in a year); 570/09! A total of eight orders over a period of five years, in flagrant violation of the law, the Constitution of the Republika Srpska and international conventions! – says in the complaint.

The lawyers indicate that the Court of First Instance only after nine years allowed the defense to know all the evidence in the file, specifically the CDs in which the intercepted telephone communication is located.

– It is necessary to mention that the first instance verdict was approved by a majority of votes, and not unanimously, and when the undeniable bias of the panel chair Siniša Petrović is added, the defense arguments that the verdict of first instance has no legitimacy or legality! – Saric’s defenders point out.

– Judge Siniša Petrović handed down nine verdicts by which he accepted the agreements on the recognition of the criminal act and granted the status of associate witnesses to Radan Adamović and Draško Vuković, and then artificially upheld them. It also resolved in the proceeding for the confiscation of the assets of the associate witness Nebojsa Joksovic Joksa, and after giving false testimony, returned the same assets, which the defense proved had no origin. He also falsified the content of the telephone conversations and based the verdict on them. Not a single order to monitor and record telephone and other communications was issued as evidence in the main trial, and therefore there is no legal basis on which all telephone conversations were obtained and used. Unlike the CPC, the second instance court held a hearing in the absence of Darko Šarić, whose presence is necessary, as emphasized in the request for a new trial.

Attorney Danilo Saric told Alo. rs that the defense of Darko Šarić is convinced that the verdicts of first and second instance are legally untenable.

– The first and second instance verdicts were delivered by extremely biased judges, who misinterpret the evidence and create their own rules, flagrantly violating the Criminal Procedure Code, the Penal Code, the Constitution, expanding the accusation, nullifying the defense arguments, basing the verdict on a large amount of illegal evidence. all this with the aim of artificially supporting accusations and verdicts. Darko Saric did not have a fair and equitable trial, his right to defense, his right to a fair trial, the presumption of innocence were violated, and to this day his basic human rights are flagrantly violated by an unfounded extension of detention. for almost seven years – says lawyer Danilo Saric and adds:

– The question is whether in a state governed by the rule of law, the same judge can
renders verdicts in two criminal proceedings against Darko Šarić, binding them to render verdicts on the basis of an agreement, grants cooperating witness status, returns property to cooperating witnesses, and rejects all evidentiary proposals and defense arguments without explanation, and finally bases the verdict on lump sum charges – says lawyer Danilo Šarić.