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The Prosecution and the Defence of Lalovic and Skiljevic, who were sentenced under a first instance verdict to five and eight years in prison, presented their plans for presentation of evidence at the retrial during a status conference on Monday.
“The Prosecution abides by its earlier proposal to present all pieces of evidence which were presented during the course of the first instance trial. For the time being we have got no new pieces of evidence.
“We are not asking the Court to examine all witnesses in the way in which they were examined at the first instance trial, but we abide by our request that the Chamber assesses all pieces of evidence when it makes its decision,” State Prosecutor Behaija Krnjic said.
The Defence teams announced that their presentation of evidence would depend on the Prosecution’s presentation, but they announced that they would present some new pieces of evidence as well.
Under the first instance verdict, pronounced on March 16, 2010, Lalovic and Skiljevic were found guilty of detaining civilians, some of whom died, in inhumane conditions in the Butmir Penal and Correctional Facility, known as Kula, and the participation of guards in the physical mistreatment of prisoners at the facility.
The verdict says that Lalovic was the Manager of the Butmir Facility from the end of June to mid December 1992 and responsible for its operation, while Skiljevic was found responsible for the events that happened in the Facility from the end of December 1992 to the end of 1995. After the verdict was appealed, the Appellate Chamber decided that a retrial would be held.
The Defence of Skiljevic asked the Appellate Chamber to examine the witnesses, who were not examined during the course of the first instance trial.
“We propose that the persons, whose examination was not admitted by the first instance Chamber, be examined, but we also ask the Prosecution and Trial Chamber to visit the location in order to see the Facility where civilians were held,” said Milorad Rasevic, Defence attorney for indictee Skiljevic.
The Defence for Lalovic announced that it would present two new pieces of evidence during the course of the main trial, adding that it did “not find it rational” to examine the witnesses who had already been examined.
The Defence teams responded on Monday to a proposal from the Trial Chamber to dismiss additional Defence attorneys in this case. The Defence attorneys said that the indictees should continue to have additional attorneys if the Court wanted to enable “an adequate and quality” defence in this case.
“The matter is rather complex. It requires additional attorneys. I shall respect any decision the Court makes, but, if we are deprived of the right to an additional attorney, I think the Prosecutor should not come to the courtroom accompanied by his assistant either,” Rasevic said.
