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Presenting its closing statement before the Bosnian state court appeals chamber, Milun Kornjaca’s defense attorney said it hadn’t been proven that the defendant had effective control over the Plavi Orlovi (Blue Eagles) paramilitary formation in Cajnice.
Under a first instance verdict from May 2014, Kornjaca, the former commander of the Plavi Orlovi unit, was acquitted of charges that he failed to punish his subordinate Veljo Tadic for killing 27 civilians in a hunting lodge on May 19, 1992, and that he contributed to the murder of civilians in the village of Brdo. The court found a lack of evidence to support these allegations.
However, Kornjaca was found guilty of detaining and beating Bosniak civilians held in a metal container in Mostina. He was sentenced to five years in prison as a result.
The first instance verdict was partially repealed upon appeal and a retrial was called for the counts charging him with the Mostina murders.
Presenting his closing statement, Kornjaca’s defense attorney Rade Golic said there was no evidence that indicated Kornjaca had effective control over the Plavi Orlovi unit, or that he ordered the murder of civilians in the hunting lodge. He added that there was also no evidence that the Plavi Orlovi formation guarded metal containers or the hunting lodge – he said police forces guarded them.
“It hasn’t been proven that Veljo Tadic was a member of the Plavi Orlovi unit, which excludes any association between him and the defendant,” Golic said.
Golic said witness Zeljko Kuvelja was a member of the Plavi Orlovi unit, but not Veljko Tadic, Kornjaca’s alleged subordinate.
“The existence of a superior and subordinate relationship between Kornjaca and Tadic cannot be proven,” he said.
Golic reminded the court of Desimir Djeric’s testimony, who said he was present when Kornjaca found out about the murders. Djeric said Kornjaca told him “Whoever did it should be shot” and also said he was worried everyone would think the Plavi Orlovi unit was responsible.
“There’s no evidence that unknown members of the Plavi Orlovi unit participated in the murder and burial of civilians. If they are unidentified, it remains unclear how the prosecution has concluded that the unknown persons were members of the Plavi Orlovi unit,” Golic said.
Golic also said it hadn’t been proven that Kornjaca didn’t provide instructions to police forces regarding Brdo, or orders to murder civilians.
Kornjaca will present his closing statement on July 14.
