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The Appellate Chamber of the Court of Bosnia and Herzegovina, BiH, has decided that the retrial of Marko Samardzija, former commander of the Third Unit with Sanica Battalion of the Serbian Republic of BiH Army, who is charged with crimes in Kljuc municipality in 1992, is due to start on May 13.
In November 2006, a first instance verdict was announced against Samardzija, sentencing him to 26 years imprisonment. In May 2007 the Appellate Chamber revoked it, “partially upholding the appeals filed by the indictee and his Defence attorney,” and ordered a retrial.
As suggested by Appellate Chamber Chairwoman, Azra Miletic and accepted by both parties, not all statements given by witnesses, who were examined in the course of the first trial, will be heard at the retrial.
Miletic said the Chamber made a list of witnesses who “should be heard again,” according to the Chamber’s opinion. She asked both parties to select the witnesses whose statements they considered worth listening to by all parties to the proceeding.
At this hearing the Prosecution informed the Court that it would not present any additional pieces of evidence. Defence attorney Zlatko Knezevic said that he intended to examine one additional witness only.
“The first instance Trial Chamber approved protective measures in favour of this witness but it refused to examine him at a closed session. We gave up on this witness, as we were afraid for his life. Now we insist on having him examined at the retrial,” said Knezevic but he did not want to present any details about this witness in public.
