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The session of the Appeals Chamber could not be held because Djukics main Defence lawyer, Milorad Ivosevic, failed to appear.
Summons was sent, but not served, because the chief defender was not found at that address. That is why he did not inform the other two Defence lawyers either, said the presiding judge of the Appeals Court, Dragomir Vukoje.
Djukic said he talked on the phone with the lawyer the previous night, who told him he did not receive the summons and, besides, that he was sick.
I learnt from my son last night that there would be a session. I did not receive the summons but I estimated it would be better if I showed up, said Djukic.
Judge Vukoje pointed out that there were two attempts to serve the summons, but that neither the defender nor Djukic were found at their addresses.
An earlier conviction by the Court of Bosnia and Herzegovina found Djukic guilty of issuing an order on May 25, 1995, as commander of the Ozren Tactical Group of the Army of Republika Srpska, to the artillery platoon to shell the city of Tuzla. Several missiles hit the downtown are called Kapija and killed 71 people.
The Constitutional Court of Bosnia and Herzegovina quashed this verdict because of the wrongful implementation of the law, after which the Court released Djukic.
After that, a hearing was held on February 21 at which evidence was supposed to be presented in relation to the duration of Djukics sentence, but the session was adjourned because the Defence asked that the Trial Chamber be exempt.
A new date was scheduled for April 11.
