Towards the end of September 2023, he is at the home of a policeman Marko Smažil a 21-year-old woman died from a gunshot to the head in Osijek Mihaela Berak. He initially claimed that the law student shot herself with his service weapon, but after inspecting the crime scene, when forensics determined that this would be impossible, he admitted that he had shot her, but by accident.
Initially with 18 years in prison
At the first trial, he said he felt guilty for her death and pleaded guilty, but only to causing death by negligence, not murder. In March of last year, he was sentenced to 18 years in prison precisely because of the latter, at which point he burst into tears. In February of this year, the High Court overturned the verdict and ordered a retrial, at which several witnesses were heard. Smažil also repeated this time that he did not shoot Mihaela on purpose.
The first trial was held behind closed doors, but at the repeated one the public can watch parts of the proceedings. Jadranka Berakthe mother of the deceased, described that fateful evening in her testimony at the first trial, which was read in court this time.
Since the 21-year-old did not come home from work in the shopping center, and she did not answer the phone, she and her husband went to look for her. They did not find her there, after which they called the police.
They were invited to the station and told that their daughter was dead, and that was all. Only that it was supposed to be an accident. How she was supposed to die, they found out from the media, they also got some information from the pathologist, reports on the Index portal.
Mother was sure that Mihaela would have told her if she had been in an intimate relationship, so she does not believe that she and Smažil were a couple. Eventually, it turned out that the daughter was hiding it from her parents. Mihaela’s friend subsequently showed her parents a photo of Smažil and said that he was very jealous and violent.
The friends told the court that Mihaela complained about the policeman’s behavior, she considered him a manipulative, aggressive and possessive man. They advised her to get as far away from him as possible, but she still met him, Croatian media reports.
The victim and the police officer had only known each other for a short time until the fateful evening, but Mihaela managed to recognize the young man’s true face even in such a short time. “It annoys me because he is constantly looking for confirmation that he is enough for me to be happy with him. How the hell should I know. We are not in a relationship,” the victim wrote to her friend.
Motive: jealousy
“I’m not saying this to insult or humiliate him, but he really isn’t quite normal. He is obsessive, possessive, disturbing, manipulative,” she added, according to the Index portal. “If a girl ever asks you about Smažil, please tell her to black her out.”
At that time, Mihaela allegedly told Marko, who was showering her with declarations of love, that she no longer wanted to see him. He is said to have written that he should not do drama and that he is completely devoted to her. “I don’t want to burden you, you are a great girl and I enjoy your company. I won’t write to you again. Whenever you want to see or hear me, I’m available,” Marko sent her a message after the argument. The prosecution insists that the now ex-policeman committed the act out of jealousy.
He washed his hands
He was among the first at the scene of the shooting Goran ŽuljChief of Forensics and Crime Scene Investigation. He testified that he smelled soap on Smažil’s hands, from which he concluded that he had washed his hands shortly before.
The team quickly realized that the victim had not shot himself, and their colleague became the prime suspect. “I know from experience how people behave in cases of suicide. Fried didn’t behave the way people usually do. He was collected, he didn’t show any emotions,” Žulj was clear.
On the other hand, he is a police officer Filip Šovagovićwho was also there that evening, described him as scared, agitated, in shock, adding that he was constantly holding his head. The breathalyzer showed that Smažil had alcohol in his blood.
Neighbors: He was pleasant and selfless
Fellow police officers and Smažil’s neighbors and acquaintances testified in favor of the 30-year-old. They described him as pleasant, friendly and professional and a pleasure to work with. “He was good-hearted and self-sacrificing, he always came to help,” praised his neighbor Ana, who also saw him in the hallway on the evening of Mihaela’s death. He told her that Mihaela had shot herself.
The neighbor knew they were dating, but based on the messages he showed her, Mihaela seemed immature and too young for him. She herself has never noticed the outlines of jealousy, violence or manipulativeness in him.
