Baricanin: Defence Attorney Reprimanded

At the trial for crimes in Grbavica, Sarajevo Dusko Tomic, Defence attorney of indictee Sasa Baricanin refuses to examine a Prosecution expert witness because he failed to review “the entire file” when making his findings and opinion about a protected Prosecution witness.

Tomic proposed to the Trial Chamber to order a break enabling Senadin Ljubovic, expert witness in psychiatry, who presented his findings and opinion at a hearing held on June 29, 2011, to read a statement given by protected witness S2, who, as he determined, had a severe traumatic experience. The Trial Chamber rejected his proposal.

“How can I question him knowing that he has not read the entire file. I have no questions for the expert witness,” said Tomic, who was appointed ex-officio Defence attorney, replacing former Defence attorney Izet Bazdarevic, because Baricanin said that he was not satisfied with his work.

State Prosecutor Behaija Krnjic said that, by reviewing the witness’ statement given to the Prosecution, the expert witness would “form a subjective opinion” when making his conclusions.

Trial Chamber Chairwoman Enida Hadziomerovic explained to Tomic that expert witness Ljubovic conducted a psychiatric examination of protected witness S2, who testified on May 27 this year, and prepared his findings and opinion on the basis of the mentioned examination.

The Prosecution of Bosnia and Herzegovina charges Baricanin, who was accompanied by Vlahovic, with having treated civilians, who were forcibly held in Grbavica, Sarajevo, in an inhumane manner, causing them physical and mental injuries and robbing them, in July 1992.

The indictment alleges that Baricanin and Vlahovic killed three civilians and detained and raped two female persons, previously robbing all of them.

Vlahovic, former member of paramilitary formations, is on trial before the Court of Bosnia and Herzegovina for having committed murders, rape and physical and mental abuse of Bosniak and Croat civilians in Grbavica, Vraca and Kovacici, Sarajevo during the course of 1992 and 1993.

Defence attorney Tomic asked the Trial Chamber to release him of his duty to represent indictee Baricanin, saying that he “does not want to work in this way”. The indictee disagreed with his request.
 
“I would like to keep Tomic. There is nobody else I can ask to represent me,” Baricanin said. Judge Hadziomerovic responded by saying that the Trial Chamber “will not even consider replacing Tomic because of one procedural decision”.

During this hearing Tomic revealed the identity of a protected witness. Hadziomerovic told him that he would be reprimanded. Accepting the reprimand, Tomic said that he did not know that this was a protected witness.
The trial is due to continue on Wednesday, August 24.

A.J.