Appellate Court annuls acquittal of Aleksandar Gjorchevski, orders re-evaluation of evidence

The Appellate Court has annulled the acquittal of Aleksandar Gjorchevski and returned the case to the Criminal Court for a renewed evaluation of key evidence, saying the lower court did not provide sufficiently clear findings about his behaviour before and after the abduction of his daughter Vanja.

The appeals judges instructed the Criminal Court to reassess the evidentiary value of the testimonies given by Velibor Manev, Vlatko Keshishev and Bore Videvski, and to establish from which pieces of evidence Gjorchevski could have been aware that his daughter would leave home and head to school.

In its written reasoning the Appellate Court told judges to examine the links between two dates cited in the case. "At the same time, the court should examine the temporal and factual connection of the events of 24.11.2023 and 27.11.2023, particularly regarding the circumstances under which the decision was made to undertake actions toward the injured party, the movement and conduct of the accused during the relevant period, and their mutual connection," the Appellate Court said.

During the trial the court heard that there had been a failed attempt to abduct the girl on 24 December 2023 and that the perpetrators decided to carry out the act on 27 December 2023 after, according to the accused, Ljupcho Palevski (Palcho) told them that the information that she would go to school on her own came from her father.

Defence reaction

Vladimir Tufegdjic, the lawyer for Gjorchevski, criticised the Appellate Court’s order to investigate the period between the failed attempt and the fatal day, calling it illogical and unnecessary for this procedure.

He said the appeals panel should have put themselves in the position of the parents to understand Aleksandar’s actions. "All five judges of the Appellate Court, before making the decision to get answers about whether Aleksandar's behavior was reasonable or unreasonable, should have for a moment put themselves in the roles of Zorica and Aleksandar and then they would have received all the answers," Tufegdjic said.

He also argued that, in his view, the appeals court could have limited its intervention to parts of the written reasoning it found insufficient rather than returning the whole matter for reconsideration. "First, the Appellate Court confirmed that Aleksandar had no communication or connection with any of the accused and secondly, the question of the apartments as a motive for committing the criminal act is finally closed; without a motive the accusation against Aleksandar makes absolutely no sense," Tufegdjic added.

The other defendants in the cases over the murder and abduction of Vanja Gjorchevska and of Panche Zezhovski were sentenced to life imprisonment, while Gjorchevski — who was charged with assisting in the abduction of his daughter — had been acquitted before the appeal returned the verdict for reassessment.

Maria Mitevska

Photo: press material from the event