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The Prosecution proposed to the Supreme Court of the Federation of Bosnia and Herzegovina to reject the Defences appeal as unfounded and confirm the first instance verdict under which Jakovljevic was pronounced guilty, in October 2012, of committing murder and inhumane treatment.
Jakovljevic, former member of the Croatian Defence Council, HVO, was sentenced for having treated detained civilian Enes Konjaric, who was a minor at the time, in an inhumane manner and killed minor civilian Elvedin Konjaric in Zahum village and at Zvirnjaca in Prozor/Rama municipality.
Davor Silic, Defence attorney of the indictee, requested the Court to quash the verdict and order a retrial, acquit the indictee or sentence him to less than five years in prison.
He pointed out that Jakovljevic denied having hit Enes Konjaric, but he did not deny having fired a burst of bullets towards a group of people, including Elvedin Konjaric, who died after having been shot by a bullet. He said that the indictee expressed his remorse.
The indictee did not specifically target Elvedin Konjaric, but he shot towards a group of people in which the injured party was. He shot above those peoples heads. It is not clear to him how he hit the injured party, but he assumes that his rifle changed its original position, the Defence said.
Defence attorney Silic said that the indictee fired the bullets because he was under the influence of alcohol.
The court expert determined that the indictees mental soundness was significantly reduced when he committed the crime, Silic said.
Federal Prosecutor Jasna Pecanac said that the court expert determined that the indictees mental soundness was most probably significantly reduced.
I consider that the first instance Court correctly and fully assessed the factual status and that the pronounced sentence is adequate considering the level of indictees guilt, Pecanac said.
Jakovljevic did not attend the appellate session. The Supreme Court of FBiH will render a decision at a later stage.
