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The Defence suggested that the verdict of the Cantonal court in Mostar, which sentenced Scuk to six years in prison, should be quashed and that the case should be taken to the Supreme Court.
On April 17, the Cantonal court in Mostar ruled that Scuk, a former member of the Bosnian Army, was guilty of murder of Iva Pavlovic in the hamlet of Krkaca in July 28, 1993.
“The Defendant came into the yard of Anica and Stipe Zelenik, where Ruza Tutus and her sister Iva Pavlovic were. He asked them whether they have a rifle, and Iva replied that they did not. Scuk then entered the house and since he found the riffle, he approached Iva and said: ‘Now you will get hurt’. After that he shot her in the neck, and as the result of the injury Iva Pavlovic died,” the Cantonal Court in Mostar concluded.
Scuk was previously convicted for this crime also for six years in prison, but this verdict was quashed by the Supreme Court and the trial was renewed before the Cantonal Court in Mostar.
Federal prosecutor Tihomir Jurko pointed out that Cantonal court in Mostar removed shortcomings which were indicated by the Supreme Court.
“The Cantonal prosecutor said in appeal that mitigating circumstances are overrated. Aggravating circumstances were not taken into account by the Court and in my opinion the sentence is inadequate for the crime which was committed,” Jurko said.
Almin Dautbegovic, defence attorney of the accused, suggested that the prosecution’s appeal should be dismissed as unfounded.
“This case is not ready for adjudication. In renewed trial shortcomings were not eliminated when establishing the facts, time is disputable, the position of the perpetrator and his distance,” Dautbegovic said.
The Supreme Court will make the decision at later date.
