The policeman who killed the student Mihaela in Osijek ahead of the new court decision: ‘It was accidental’

While Smažil, as found out by Index.hr, insists in his appeal that it was an unfortunate case and asks for the reclassification of the act as causing death by negligence, the county state attorney’s office in Osijek believes that the sentence imposed is too lenient.

The prosecution is therefore demanding that the High Criminal Court impose a severe sanction on Smacaron. The session of the appeal panel, as well as the entire first-instance procedure, will be closed to the public in order to protect the dignity and privacy of the victim’s family.

In March, the county court in Osijek assessed Smažil’s defense as illogical and contradictory. It was established that he changed his statement; he first claimed that Mihaela had shot herself, and later said that the gun accidentally went off.

The court panel concluded that he acted with direct intent, basing the decision on witness statements that confirmed Smažil’s possessive behavior, but also on material evidence.

Ballistics determined that the shot was fired from a distance of only 30 centimeters, and the fact that after the shot he remained calm, changed magazines and moved things around the apartment was not the characteristic of a person in shock. The fact that he was trained in the handling of weapons further undermined his defense of coincidence, even though due to the fact that at the time of the crime he had 0.63 per thousand of alcohol in his blood, but he was countable.

After the first-instance verdict, the mother of the murdered Jadranka Berak pointed out that Smažil never expressed remorse.

​- We only know that our child didn’t kill himself and it wasn’t all that it seemed at the beginning. It’s terrible for us, it’s devastating – she said. Father Ivica Berak added that his daughter can’t give them anything back, and he sees Smažil’s behavior after the crime as a clear sign of the absence of remorse.

​- The way he behaved after the crime, he probably has no regrets. Now he can talk about what he wants – the father concluded.