Djukic: Court’s Evidence

The Trial Chamber has announced that it will present its own evidence and invite two court experts and one witness to appear before the Court at the trial of Novak Djukic, charged with crimes against civilians in Tuzla. The Court made its announcement following the conclusion of evidence presentation by the Prosecution and Defence.

“The Court intends to invite Berko Zecevic and the Defence expert witness to appear before the Court at the same time and present their findings once again. We will also invite Manojlo Milovanovic to appear as a witness,” Trial Chamber Chairman Darko Samardzic said.

The indictment alleges that Djukic, as Commander of the Ozren Tactical Group with the Republika Srpska Army, VRS, ordered the shelling of Tuzla town, which was a UN protected zone at the time. This happened on May 25, 1995. One missile hit the Kapija district in the town, killing 71 people and wounding more than 200.

Zecevic, a ballistics expert who was examined by the State Prosecution, testifed that the caliber of the missile that hit Kapija was 130 mm and that it had been fired from a position located on Mount Ozren. Ballistics expert Vlado Kostic, who was invited by the Defence, claimed the opposite.

The Defence intended to examine Milovanovic, a former VRS general, at this hearing, but he failed to appear in court. Nebojsa Pantic, Djukic’s Defence attorney, said Milovanovic had refused to testify because he is due to testify before the Hague Tribunal “and that is the only court at which he can testify”, adding that he would give up his attempt to examine this witness.

“He told me that he had made an agreement with the Hague Prosecution that he would not have to testify at any trial conducted in Bosnia and Herzegovina.
This is what he told me. I do not have any further details about it,” Pantic said.

At this hearing the Trial Chamber reminded the parties of the Defence’s proposal, filed on September 11, 2008, asking the Court to release the indictee on bail, offering the indictee’s apartment and his friend’s apartment as a guarantee that he would appear before the Court. The Chamber announced that it would render a decision concerning this issue by the end of this week.

The indictee said that he could now offer another apartment, owned by his sister and brother-in-law, in addition to the other two.

The Prosecution again objected to the proposal, saying that the injured parties’ representative also objected.

The trial is due to continue on April 21, 2009.