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“You should accept the appeal and order a retrial in this case,” Prosecutor Sanja Jukic said.
Addressing the Appellate Chamber of the Court of Bosnia and Herzegovina, the Prosecutor said that witness Seho Macic accused his comrade Brkan of having participated in the murder of the old ladies, which he failed to mention to State Investigation and Protection Agency, SIPA, investigators out of fear.
As said by the Prosecutor, 16 participants in the event in Blace were examined during the investigation, but none of them wanted to confirm who had committed the crime. The Prosecutor said that, a few days after having given a statement to SIPA, Macic called the Prosecution of Bosnia and Herzegovina with the intention to tell the truth.
“I cannot live with the feeling that I saw something and did not mention it to SIPA, no matter what negative consequences it can have on me at this stage,” Jukic said, quoting the witness’ words.
She said that the fact that Macic testified to the detriment of “an associate, neighbour, friend, acquaintance” had to be taken into consideration.
In December last year Brkan, former member of the Army of Bosnia and Herzegovina, was acquitted of charges. Explaining the verdict, the Trial Chamber said that it noticed that there was an intention to conceal the real perpetrators of the murder of the old women.
Dusko Tomic, Defence attorney of Brkan, requested the Appellate Chamber of the Court of Bosnia and Herzegovina to confirm the first instance verdict. He said that witness Macic was “the most extreme soldier in that formation” and that the Court could therefore not trust him.
“I am asking you to confirm that Brkan is innocent,” Tomic said.
The Appellate Chamber of the Court of Bosnia and Herzegovina will render a decision concerning the appeal at a later stage.
