DRAGOJEVIĆ v. CROATIA JUDGMENT
7
presided over the panels extending the applicant’s detention could not raise
any issue of his impartiality since the questions to be decided when the
detention was extended differed from those which the judge had to decide
when examining the case on the merits. There were also no reasons to doubt
the impartiality of Judge Z.Č. within the meaning of Article 36 § 2 of the
Code of Criminal Procedure (see paragraph 55 below).
41. The applicant’s detention was further extended on 1 October 2009
by a three-judge panel in which Judge Z.Č. sat as a member of the panel,
relying on Article 102 § 1 (3) and (4) of the Code of Criminal Procedure
(risk of reoffending and gravity of charges) and reiterating the reasons from
the previous decisions on detention.
42. At a hearing on 26 November 2009 the trial bench questioned
several witnesses and the defence again sought to have the evidence
obtained by secret surveillance excluded from the case file as unlawfully
obtained evidence. Ruling out the possibility of appeal, the president of the
trial bench dismissed the request as ill-founded. The trial bench thus
examined the evidence obtained by the use of secret surveillance measures.
43. On 3 December 2009 a three-judge panel of the Dubrovnik County
Court, composed of judges P.M., S.V. and M.V., extended the applicant’s
detention under Article 102 § 1 (3) and (4) of the Code of Criminal
Procedure (risk of reoffending and gravity of charges), reiterating the
reasons stated in the previous decisions.
44. At a hearing on 17 December 2009 the applicant pleaded not guilty
and denied all the charges against him. The parties gave their closing
statements and the trial bench concluded the hearing.
45. On 18 December 2009 the Dubrovnik County Court found the
applicant guilty on charges of drug trafficking and money laundering and
sentenced him to nine years’ imprisonment. The judgment was based on an
analysis of the applicant’s defence and the statements of his co-accused, as
well as on the statements of witnesses, evidence obtained through numerous
searches and seizures and the use of secret surveillance measures.
46. As to the refusal to exclude the latter evidence from the case file, the
Dubrovnik County Court noted:
“The court found that the defence of the accused Ante Dragojević was
unconvincing, contradictory and aimed at avoiding his criminal responsibility .... The
court examined the audio recordings (CD) of the conversations between the accused
and witnesses I.Ž. and M.R. after it had found that the recordings had been made
pursuant to the orders of the investigating judge of the Zagreb County Court no. KirUs-14/07 authorising the telephone tapping. These were the reasons why the court
dismissed the request made during the proceedings that these recordings be excluded
from the case file as unlawfully obtained evidence. [Moreover] the court considered
them to be lawful and acceptable evidence obtained pursuant to valid court decisions.
This court also refused the request by the defence to examine the case files of the
Rijeka County Court no. Kir-Us-1/09 and the Zagreb County Court no. Kir-Us-14/07
[concerning the use of secret surveillance], because it considered those requests
irrelevant and obsolete for the same reasons referred to in the decisions concerning the
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