Scheduled to start on Wednesday, the trial at the Prishtina Basic Court over the deadly attack that left one Kosovo Police officer dead on September 24 2023, was postponed to October 9.

Judge Arben Hoti postponed the initial hearing after defence lawyers said the prosecution had not provided the indictments in Serbian for their defendants.

Three defendants, Blagoje Spasojevic, Vladimir Tolic and Dusan Maksimovic, who were due to enter a plea deal on Wednesday, were the only defendants present in the courtroom. Spasojevic and Tolic were arrested at the scene, while Maksimovic was apprehended the following day.

When it comes to Kosovo Serb kingpin Milan Radoicic and 41 other defendants, the Basic Court on Wednesday asked Kosovo’s Supreme Court to rule if they can be tried in absentia.

Radoicic has taken sole responsibility for leading and organising the Banjska attack. He is now in Serbia, and has made no further public comment about the indictment.

Judge Hoti said the Supreme Court will be asked whether the trial may be held in absentia when all the conditions are not met, in this case, the accused not being present at the initial hearing.

Hoti also decided to separate the case against Spasojevic, Tolic and Maksimovic, adding that it remains to be seen whether the trial will be merged again after a decision on trial in absentia has been made.

According to Kosovo’s Criminal Procedure Code, a trial in absentia may be held when the accused is present in the initial hearing and main trial but who, despite being informed of the trial dates, then“fails to appear for trial; or was present at the trial but then failed to appear at subsequent trial sessions”.

The judge then must hold a hearing to decide whether the defendant/s can be tried in absentia.

However, the Criminal Procedure Code also explains that “a trial in absentia may be conducted without meeting the criteria of ensuring the presence of the accused” when a statutory limitation for the crime is not applicable. This includes crimes against international law, such as genocide, war crimes, crimes against humanity and aggravated murder.

In this case, it says, the court may decide whether “reasonable efforts have been made to notify the accused of the trial and ensure the presence of the accused”.

The Kosovo Special Prosecution charges Radoicic and others with terrorism and endangering the constitutional order of the country.

At the September 2023 shootout in Banjska, northern Kosovo, which Radoicic led, Kosovo police sergeant Afrim Bunjaku was killed and his colleague Alban Rashiti was wounded, according to the prosecution by a Yugoslav-made MRUD anti-personnel mine.

Radoicic, together with his business partner, Radule Stevic, and his company, RAD D.O.O., are also charged with money-laundering. Radoicic is also charged with financing terrorism.

According to the indictment, which BIRN has seen, Radoicic had been financing the criminal activities of a “structured terrorist group” since 2017.

This included the purchase of heavy weapons and military uniforms, all with the aim of “separating” Kosovo’s four northern Serb-majority municipalities from the rest of the country “to join them with the Republic of Serbia”.

The indictment also alleges that Radoicic rallied local Serbs against any step taken by Kosovo’s authorities and deemed undesirable by Belgrade, mounting roadblocks and barricades.

He is also being investigated by Belgrade prosecutors for organising an armed group, the unauthorised amassing of a large cache of weapons, which he transported to Kosovo, and “serious crimes against general security”.

In October last year, a Belgrade court refused to detain Radoicic but ordered him not to leave the country and confiscated his passport.