Shutting down for public session on “Banjska” case, an anonymous witness will testify

Initially, special prosecutor Naim Abazi before launching witness testimony F1, said that in accordance with Article 289 of the Penal Procedure Code, it applies for the hearing to be closed to the public, as witness F1 is anonymous, the Justice Bet” reports, Trnasmeton. Periscope

The prosecutor said the witness in question enjoys protection of identity in accordance with chapter V III of the KPP and that any exposure linked to identity in front of the public poses a real danger to his personal safety and could damage the course of criminal procedure.

He also said that closing the session is necessary, since the expulsion of some individuals from this session would not suffice to ensure the required protection.

“Therefore, I request that this part of the judicial review be conducted in a closed manner without public presence, to ensure the protection of the witness and criminal procedure against this witness”, Abazi said.

On the other hand, the chairman of the court, Arben Hoti, said that based on the testimony of an anonymous witness, they have taken all measures to avoid detection of identity and that the testimony will be given from the Tectic video chamber, where his face will not be visible.

But the prosecutor said that during giving testimony to the F1, his identity may be revealed under some circumstances.

Spasojevich's defender, meanwhile, lawyer Ljubmir Pantovic, said that since there is technical opportunity for changing photography and voice, he rejects the special prosecutor's proposal.

Tolich's lawyer, Milos Delevic, also rejected the proposal to expel the public from the hearing.

On the other hand, injured police lawyer Alban Rashit, Naim Rudari supported the prosecutor's proposal to close the hearing, arguing that witness identity could be revealed.

After a brief pause, Judge Hoti made a decision to approve Abazi prosecutor's proposal, so the hearing closed to the public during witness hearing F1.

The prosecutor's proposal to expel the public, in case the witness F1 is heard, is approved, as measures taken by the court to change the image and voice of witnesses are not enough to meet the goal of declaring this anonymous witness”, Hoti said.

All of this, according to him, based on the evidence and circumstances in which he will testify, may reveal the identity of the witness.

The July 18th 2025 session failed in the absence of an anonymous witness A2.

The Constitutional Court in Pristina, following special prosecutor Naim Abazi's proposal that the trial continue in absentia, had been addressed to the Supreme Court to ask for an opinion if, in the case “Banjska” judgment could be applied in absentia. But, the Supreme, after reviewing the request “for giving judicial thought to Article 303 par.7 of the Criminal Procedure Code in the case of “Banjska”, had clarified that it does not provide judicial opinions about dilemmas that have the first degree during the case proceedings.

Thus, the Constitutional Court in Pristina has ruled, with which it has rejected the proposal that the trial for 42 other indictees (41 physical and judicial persons) charged with the terrorist attack at “Banjska” continue in absentia. The court had also indicated that international letter was issued to these defendants and their ban and extradition were expected to develop the procedure against them.

Judicial review session to all three accused in the “Banjska” case: Vladimir Tolic, Dusan Maksimovic and Blagoje Spasojevicq, was held on April 17th 2025, in which the three indictees were acquitted. While special prosecutor Naim Abazi, the defense of the accused and the damaged party have given the opening word.

Even in the initial review, held on October 9, 2024, the three defendants have been declared innocent.

By contrast, the Constitutional Court in Pristina, the Special Department, with the verdict of December 6, 2024, had denied the requirements for impeachment of the indictment and objections to evidence submitted by defenders of those indicted against the Special Prosecutor's Act of the Republic of Kosovo.

The Court of Appeals, on March 13th 2025, announced that it has made a verdict, which confirmed the Constitutional Court's decision in Pristina, with which the indictment against the accused was confirmed in the “Bayska” case.

So far, arrested and under detention for this case are: Blagoje Spasojevich, Vladimir Tolich and Dusan Maksimovic, for whom criminal procedures have been isolated.

Special Prosecution Act charges 44 physical persons and a judicial person “RAD D.O.O.” The list of indictees leads Milan Radojic.

The Special Prosecutor of the Republic of Kosovo (PSRK) on September 11th 2024 has filed charges against Milan Radojicic and 44 others for the September 24th 2023 terrorist attack in Zvecan Banjska. The accused are charged that, through the use of heavy-armed violence, they tried to exhumate the northern part of the territory of the Republic of Kosovo and unite the Republic of Serbia, with cases as a result of the violence used has remained the death of police official Africa Buxaku, and the lives of other police officials and the civilian population were risked.

In Baysnka, Zvecan, in the early hours of September 24, 2023, was killed by Sergeant Africa Bulnjak and two others were injured. Then there were three attackers left, while others had fled for several hours to the Biensca Monastery. Milan Radociq had claimed responsibility for the terrorist attack.