Incapable of Testifying Due to Illness

Psychiatrist Marija Kaucic-Komsic, court expert in forensic psychiatry, said that medical findings indicated that witness S-26 suffered from schizophrenia, which had turned into a chronic psychotic state.
 
“The findings indicate that the diagnosis was previously determined. The patient is psychotic. He has motility disturbances and no control. He is neither capable of working nor testifying,” said Kaucic-Komsic.
 
The Trial Chamber requested her to present her findings, because the witness had previously failed to respond to court summons several times.
 
The court expert was not able to conduct an examination, because the witness did not appear this morning either. According to Kaucic-Komsic, forced apprehension would traumatise the witness.
 
The Prosecution considers that, for that reason the finding was not objective and that the court expert was not competent. The Chamber rejected the objection, explaining that Kaucic-Komsic had worked for the Court for more than 20 years and that the speaking and moving difficulties did not disturb her work.
 
Babic, former Commander of military police in Bratunac, is charged with having detained and abused non-Serb civilians in the “Vuk Karadzic” school building, where he “had an absolute control over the lives of detainees and living conditions.”

The trial is due to continue on October 29, when the two remaining protected State Prosecution witnesses will be examined.