Court Rejects Prosecution’s Request to Extend Detention of Businessman

The High Court in Podgorica has upheld its previous decision to deny the Special State Prosecutor’s Office (SDT) request to extend the detention of businessman Ranko Ubović. This information was confirmed by a media advisor from the court. Additionally, the court has announced that the detention of Veselin Kovačević has been extended for an additional two months, but the SDT’s proposal to add a new basis for his detention was dismissed.

Zoran Piperović, the defense attorney for Ubović, stated in an interview that both the prosecution’s and defense’s appeals were unfounded since the detention had already been lawfully revoked. Piperović emphasized that the legal grounds for extending the detention do not exist, as the High Court’s ruling has already been finalized.

He expressed confusion over the discussions regarding extending a detention that has been legally annulled, questioning, “What is there to extend? Who would the extension be against?” Ubović and another individual have been free for 15 days following the High Court’s decision, and Piperović finds it illogical to debate the matter of extending their detention at this point.

The SDT has lodged an appeal with the Appellate Court against the decision to revoke the detention of both Ubović and Kovačević. Piperović raised concerns about the implications for the legal system if an appellate court were to accept the prosecution’s appeals and instruct the High Court to extend a detention that has already been annulled.

“This decision is final. If the appeal is rejected as inadmissible, then there is no case,” he asserted. Piperović pointed out that there are no events that imply grounds for detention in the real world anymore, as the situation has already been legally resolved.

He also questioned the institutional responsibility in this matter. “Will the President of the Supreme Court seek an explanation from the President of the Appellate Court on how a detention can be extended that has been annulled?” Piperović asked, particularly highlighting the concern over a detention that has had an appeal lodged against its annulment, which was subsequently dismissed without legal recourse.

In a similar vein, attorney Stefan Jovanović previously cautioned that appeals from both the prosecution and defense are pointless because one cannot extend something that no longer exists. “If the detention has been lawfully revoked, the only legal and possible resolution is to dismiss all appeals—both from the SDT and the defense—since they pertain to an extension of a detention that no longer exists,” he stated.

The High Court’s decision may be appealed to the Appellate Court within three days. As the legal debate unfolds, the implications for the involved parties and the broader judicial system in Montenegro remain a topic of significant concern.