Podgorica Basic Court: Kušnereva is no “fake doctor” — no proof the disputed botox harmed health

The Basic Court in Podgorica has rejected the State Prosecution’s request to impose supervision measures on Julija Kušnereva and Dražen Lakićević, arrested in the botox investigation after several women sought help at the Clinical Center of Montenegro (KCCG) — as Vijesti reports, which had access to the rulings signed by investigative judge Borko Lončar.

According to the rulings, there is no grounded suspicion that Kušnereva committed the criminal offense of illegal medical practice, since she completed medical school and holds a medical diploma recognized in Montenegro: a September 4 decision by the Ministry of Education, Science and Innovation recognizes the diploma of the Bogomolets National Medical University for general medicine, following six years of study in Kyiv. “The criminal offense of illegal medical practice applies only to so-called ‘fake doctors,’ which the suspect is not,” the ruling is quoted as saying.

The court also assessed that there is no evidence that the “Dysport botox” preparation sold by Lakićević was harmful to health, much less evidence that he knew it. According to the ruling, Lakićević said in his defense that he bought the botox boxes from a man from Albania or Kosovo, who brought them via bus drivers — once even by taxi; he knew he had no license to sell botox, but believed Kušnereva would check it — and she later told him the botox was good and original.

For Lakićević, grounded suspicion remains for the extended criminal offense of illegal trade, since he was aware he had no license to sell restricted-circulation products. However, the court rejected the prosecution’s request for house detention, assessing there is no flight risk: he responded immediately to the summons, is employed and is a father of three. Also rejected was the request to temporarily seize Kušnereva’s passport and require her to report to the police — a measure the prosecution had sought on the grounds that she is a foreign national.

The investigation began after KCCG staff reported that patients who had previously undergone application of the preparation, allegedly botulinum toxin, at a facility in Podgorica sought medical help. Police had named Kušnereva a suspect for a serious offense against human health related to illegal medical practice, and Lakićević also for illegal trade and a serious health offense related to the production and circulation of harmful products.