Ernesa Shala is a JURIST staff correspondent in Kosovo and a recent graduate of the University of Pristina Faculty of Law.  

The much-anticipated trial for the individuals accused of orchestrating the 2023 terrorist attack in Banjska, where Sergeant Afrim Bunjaku was killed, commenced on Wednesday at the Basic Court in Pristina. Defendants Blagoje Spasojević and Vladimir Tolić pleaded not guilty, while Dushan Maksimović was declared innocent regarding the charges related to the terrorist act. The court session, presided over by Judge Arben Hoti, marked the initial phase of a complex legal battle involving numerous individuals. Special Prosecutor Naim Abazi presented the indictment, which outlined the charges against the accused, including the use of violence with heavy weaponry in an attempt to destabilize and annex northern Kosovo to Serbia.

Judge Hoti informed the defendants of their rights, allowing them the option to remain silent or testify without incriminating themselves. Spasojević and Tolić, for now, chose not to plead guilty, stating their intention to contest the charges at a later stage. Maksimović, however, expressed frustration, asserting his innocence and implying that many in the courtroom wrongly perceived his involvement in the attack. The prosecution’s case hinges on evidence tying the defendants to the violent events of September 24, 2023, when a group of armed men attempted to block roads and engage in armed conflict with the Kosovo Police. The attack left one officer dead and several others injured. Investigators allege that the defendants were part of a well-organized group led by Milan Radoičić, who remains at large.

The indictment extends beyond Spasojević, Tolić, and Maksimović, implicating 44 other individuals and a legal entity, “RAD D.O.O.” Prosecutors argue that the group, led by Radoičić, was involved in a broader conspiracy to forcibly detach northern Kosovo and merge it with Serbia. The group is also charged with money laundering and financing terrorism, allegedly using funds generated from illicit activities to procure weapons and support their operation. Radoičić is accused of leading the group since 2017, using businesses and economic ties to funnel millions of euros into criminal activities. His network reportedly extended into Serbian political and economic circles, with funding allegedly sourced from the Serbian government and various tenders in Kosovo.

The initial session of the trial, originally scheduled for September 27, 2024, was delayed at the request of the defense, citing the late receipt of case documents. The court is now awaiting guidance from the Supreme Court on whether to proceed with the trial in absentia for those defendants who are not in custody, particularly Radoičić.

Over the next 30 days, the defense has the right to challenge the evidence and request the dismissal of the charges. Legal experts expect the trial to be lengthy, given the complexity of the case and the number of defendants involved.

The Banjska attack has rekindled tensions in the region, with the trial closely watched by both Kosovo and Serbian authorities. The outcome of the proceedings will have significant political and security implications for the fragile stability of northern Kosovo. As the trial progresses, the court will continue to examine the evidence, including testimonies from witnesses who were present during the attack and forensic analyses linking the defendants to the scene.