Verdict overturned in killing of woman by former police officer

Croatia’s High Criminal Court has overturned the guilty verdict against former police officer Marko Smažil, who was convicted of killing college student Mihaela Berak with his service weapon in Osijek in 2023.

The Osijek County Court last year sentenced Smažil to 18 years in prison for shooting Berak, whom he had been dating, in the head. Smažil and his lawyer appealed, seeking to have the charge reclassified as negligent homicide, which carries a lighter sentence.

Throughout the trial, Smažil claimed the gun discharged accidentally. The High Criminal Court ordered a retrial.

Police initially charged Smažil with a serious crime against public safety and endangering life and property, suspecting he had negligently handled his official weapon. After questioning the suspect, however, the Osijek County Prosecutor’s Office reclassified the case as murder and sought pretrial detention.

During questioning by police and prosecutors, Smažil denied intending to kill Berak, saying the shooting occurred during careless handling of the gun.

Prosecutors dismissed his account as illogical, unconvincing and contradicted by other evidence, and formally charged him with murder.

In its original ruling, the trial court said the evidence showed Smažil committed the crime as charged, describing his defense as illogical and contradictory.