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Radoman Fundup, a former member of the Focanska Brigade of the Bosnian Serb Army, has been charged with the murder and abuse of civilians in the Foca area. The indictment alleges that he participated in the murder of two children and five women and injured a woman in Cohodar Mahala, in collaboration with two other persons.
Fundup has also been charged with the abuse of three civilians, including two children. According to the indictment, he also intimidated and threatened civilians in the village of Gornje Polje. He ordered civilians in Gornje Polje to form a line, and accompanied by another person, cocked his rifle in order to simulate their execution.
Presenting his closing statement at today’s hearing, prosecutor Adis Nuspahic said sufficient evidence had been presented to find the defendant guilty. He said the defense hadn’t denied that the crimes described in the indictment occurred, but only denied the identity of the perpetrator.
Nuspahic pointed to contradictions in the testimony given by defense witnesses and described the testimony of defense witnesses Bahra Rikalo, Fadil and Safet Djedovic as “irrelevant” to the case. Nuspahic said the court should also disregard the testimony of defense witnesses Dragan and Dojcilo Fundup.
He said the defense incorrectly argued that Danilo Fundup had committed the crimes in Cohodor Mahala. He said while testifying in his own defense, Radoman Fundup didn’t have any questions and incriminated Danilo Fundup by saying he would have told him everything if he had been present.
Nuspahic also reviewed the testimony given by a protected state prosecution witness known as C-1. In her testimony, C-1, visibly traumatized, described the injury and murder of her mother-in-law and neighbour.
The testimony of another protected state prosecution witness, C-2 was closed to the public. Nuspahic said C-2 witnessed the crimes that took place in Cohodor Mahala and identified Radoman Fundup as the perpetrator.
“The witnesses gave their testimony in a fully objective manner without any signs of desiring revenge,” Nuspahic said with regards to the state prosecution witnesses.
Defense attorney Slavisa Prodanovic said the portion the indictment referring to the crimes in Cohodar Mahala “was written exclusively on the basis of C-2’s false statements.”
“The defense does not deny that the event occurred, but it denies that the witness could see it,” Prodanovic said. He said it was an unfortunate coincidence that the defendant’s brother had been killed a few days earlier, as C-2 alleged that Fundup committed his crimes out of revenge.
In his closing statement, Prodanovic said that after the trial the defense would file a criminal report against C-2 for giving false testimony.
Prodanovic said C-1, on the other hand, had “obviously mixed up the identities.”
Prodanovic said his client’s testimony was confirmed in its entirety by witnesses Borislav Fundic, Dragan Fundup and Dojcilo Fundup, who attended the funeral where Danilo Fundup allegedly called for the murder of civilians.
“Danilo’s close relatives, Dragan and Dojcilo Fundup, confirmed that Danilo really committed this crime,” Prodanovic said.
Prodanovic said he didn’t believe his client would have been accused of crimes in Gornje Polje if he hadn’t been accused of crimes in Cohodor Mahala. He said the crimes themselves were indisputable, but that his client’s participation was.
Prodanovic said testimony given by state prosecution witness Sadika Bico contradicted statements given by her sons Selvedin and Edin. He said she was in exile when others told her that Fundup was also the perpetrator of crimes in Cohodor Mahala.
“I find it horrible to hear about it, let alone to do something like that…I think I helped you find out who did,” Fundup said.
