Piperović: If the prosecution had even one piece of evidence against Mijajlović, it wouldn't be relying on logical assumptions
Every piece of evidence establishing criminal liability must be based on strictly established facts, otherwise, it is not evidence. Criminal law is not built on improvisation - attorney Zoran Piperović, one of the defence lawyers for businessman Aleksandar Mijajlović, told the High Court today while commenting on the allegations contained in the indictment.
Mijajlović is charged with allegedly being one of the organizers of a cigarette-smuggling operation, an accusation he has categorically denied.
Piperović pointed out that page 115 of the indictment states that „there are reasonable grounds to suspect that Mijajlović is the person using Sky ECC PIN 50IQ0W“.
- The prosecution presents reasonable grounds for suspicion as its decisive piece of evidence. That means the matter remains in doubt, it has not been proven or established with certainty. How did the prosecutors arrive at that conclusion - Piperović asked.
He also drew the trial panel's attention to what is stated on page 161 of the indictment, describing it as even more problematic from a criminal law perspective.
- It states that Mijajlović's use of Sky ECC can be established in a clear, logical and reasonable manner... These claims are not based on established facts but are instead reached through logical inference. If something is described as logical, clear and reasonable, that reflects only the perception of the person making the claim - Piperović argued.
He said such reasoning does not amount to fact, nor does it establish facts. Had the facts actually been established, he added, the prosecution would not have been forced to rely on logical assumptions.
Piperović stressed that criminal charges have never been proven through mental speculation.
- That approach may apply in many other contexts, but not in judicial proceedings, where there are well-established methods for proving facts - he said.
He argued that if the Special State Prosecutor's Office had even a single factual piece of evidence against Mijajlović, it would not be relying on logical assumptions.
- If you find a single piece of material evidence relating to the Sky ECC material, I am prepared for Aleksandar Mijajlović to accept responsibility for the offences with which he is charged - Piperović said, adding that there isn't any.
After Judge Boris Bulatović read out the list of items seized from Mijajlović, two computers and a USB flash drive, defence attorney Stefan Jovanović argued that none of those items places their client within the scope of criminal liability.
- All of the documentary evidence serves one purpose only - to make the indictment appear more substantial, because it rests exclusively on the Sky ECC material - Jovanović said.