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“The laws stipulates that such pieces of evidence can be admitted, but it is not acceptable to reply to the Defence’s evidence by reading a statement,” Trial Chamber Chairman Davorin Jukic said, adding that the witness was available and he could testify before the Court of Bosnia and Herzegovina.
The Trial Chamber also rejected the State Prosecution’s proposal to examine 16 other witnesses.
State Prosecutor Slavica Terzic said she did not want to examine Cikotic because, she said, the examination would endanger the ongoing investigation against Dzevad Mlaco and others.
“We do not want to examine him, but we want his statement to be read,” Terzic explained.
The Prosecutor said that the statement given by Cikotic, former Commander of the Western Operational Group with the Army of Bosnia and Herzegovina, to the Hague Tribunal was contradictory to his testimony before the Court of Bosnia and Herzegovina on April 21 and 28, 2010, when he testified at the request of indictee Enes Handzic’s Defence.
Dzevad Mlaco was also examined as a defence witness for Enes Handzic in April 2010. A legal adviser was appointed to assist him due to existence of a possibility that he might expose himself to criminal prosecution. During the war Mlaco was president of the wartime Presidency of Bugojno municipality.
The Prosecution of Bosnia and Herzegovina charges Handzic, Nisvet Gasal, Musajb Kukavica and Senad Dautovic with crimes committed against Croat civilians who were detained in various buildings in Bugojno area in 1993.
The indictment alleges that Gasal was Manager of the Iskra stadium detention camp, Kukavica was Commander of the detention camp security, Handzic was Assistant Commander for Security with the 307th Brigade of the Army of Bosnia and Herzegovina, ABiH, and Dautovic was Chief of the Public Safety Station in Bugojno.
The trial is due to continue on March 16 this year.
