Trial of two Banja Luka police inspectors “not urgent”

Criminal inspectors of the Banja Luka Police Administration Zoran Bošnjak and Mikica Marijanac accused of hiding David Dragičević’s boxers

The Basic Court in Banja Luka, two years after the indictment was filed, did not schedule the start of the trial of criminal inspectors of the Banja Luka Police Administration, Zoran Bošnjak and Mikica Marijanac. Both pleaded not guilty and were charged with throwing the boxers of the murdered David Dragičević. The court in Banja Luka claims that the case is not urgent.

After the indictment was filed against two criminal technicians, and then confirmed, and after the accused pleaded not guilty in December 2018 and January 2019, the Basic Court in Banja Luka had no activities in this case. In this court, they confirmed for the Balkan Research Network of Bosnia and Herzegovina that the case has not been scheduled yet. They state that there is a possibility to finally start work on that case and that it is in the plan for resolving old cases for 2021, which was recently formed.

A legal obligation

-There is an objective possibility to schedule this specific item in the near future. At the same time, it should be pointed out that a specific case is not a matter of ‘urgent nature’, while the legal obligation to prioritize resolving cases that are subject to statute of limitations and those on the above-mentioned Resolution Plan for the current year “, the Court states. judges urgently, i.e. according to the chronological order, take such cases into operation and resolve them in accordance with the law – they say from the court.

Citizens and activists who have been following the “Dragičević” case, and who have been asking for the names of the killers to be revealed for almost three years, warn that this case could become obsolete. A criminal offense charged against two inspectors may be punishable by up to three years in prison.

Lawyer Milan Malešević explains that the statute of limitations can occur if the trial does not begin within three years from the commission of the criminal offense for which the accused is charged, if the envisaged sentence does not exceed three years in prison.

– If the trial starts within three years, the statute of limitations cannot occur, but then the trial must be completed in the next three years – Malešević explains.

“The actions of the Basic Court in Banja Luka in connection with this case are unbelievable, which could undoubtedly contribute to revealing the truth about the murder of David Dragičević,” Ozren Perduv of the informal group “Justice for David” told BIRN BiH, adding:

Public harassment

– Due to the great disturbance of the general public, which has lasted for almost three years, and due to the great distrust of citizens in the judiciary, I believe that this case is very urgent. It is devastating that the indictment was confirmed in September 2018 and that to this day, after two and a half years of confirmation, the Basic Court is doing absolutely nothing. To make matters worse, if the Basic Court continues to be reluctant to deal with this case, it will become obsolete, which is inadmissible.

Banja Luka journalist Danina Rakita believes that the slowness of the judiciary is generally a problem in the Republic of Srpska, that the Basic Court in Banja Luka, especially lately, has been overwhelmed by numerous cases and misdemeanor charges written against citizens by the police, and citizens are seeking court decisions.

It is not a good message to procrastinate so much with the case that is under special attention of the public in Banja Luka, but also in Bosnia and Herzegovina and the region. Especially because the entire public has been expecting answers to questions in the case of the murder of David Dragičević all the last three years, says Rakita.

Prevention of proof

In September 2018, the Banja Luka District Prosecutor’s Office filed an indictment against criminal technicians of the Banja Luka Police Administration, Zoran Bošnjak and Mikica Marijanac, for the criminal offense of preventing evidence in the investigation of Dragičević’s murder. The boxers of the murdered David Dragičević disappeared after the complete clothes from the lifeless body of the murdered young man from the Republic of Srpska’s  Institute of Forensic Medicine were taken to the Banja Luka Police Department for drying.

David Dragičević disappeared on the night of March the 18th – 19th 2018, and his lifeless body was found on March the 24th at the mouth of the Crkvena River in Vrbas in Banja Luka. The original investigation found that the death was caused by drowning without elements of a crime. Three months later, the Banja Luka District Prosecutor’s Office issued an order to conduct an investigation against N.N. persons for the murder of David Dragičević. The investigation has not revealed the perpetrators so far.

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