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The Chamber rejected a Defence proposal for the presentation of new pieces of material evidence.
Federal Prosecutor Nermina Mutevelic proposed the examination of witness Markovic, who, as she said, was held in the Tuzla prison, while the indictee worked as a guard in that prison.
Kolers Defence attorney Suad Kumric objected to the proposal, saying that the Prosecution could have examined this witness earlier.
He previously proposed that Prosecution witnesses statements given in the period from 1995 to 2010 be included as new pieces of evidence.
I consider that these pieces of evidence are important, because they show how the witnesses statements have evolved over time to the detriment of the indictee, Kumric said.
The Prosecutor objected to the proposal, saying that those statements could have been introduced during the first instance trial before the Cantonal Court in Tuzla and adding that there were no significant discrepancies between the witnesses statements.
According to the charges, Koler, former guard in the District Military Prison in Tuzla, treated ten captured members of the Yugoslav National Army, JNA, who had been brought to the prison following an attack on a JNA convoy on May 15, 1992, in an inhumane manner in the period from June to August 1992.
The indictment alleges that Koler used to hit the prisoners with his fists, baton and rubber toilette plunger, hit them on their wounds, forced them to lick sanitary facilities and threatened them.
The Supreme Court of FBiH quashed the verdict under which the Tuzla Cantonal Court acquitted Koler of these charges and ordered a retrial.
