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Prosecutor Dzemila Begovic said that, while at liberty, the indictee might influence witnesses or accomplices. She said that several witnesses had already been granted protection measures.
“Even the smallest influence could make these witnesses hesitate or even give up testifying. All that could influence the course of the criminal proceedings,” Begovic said, adding that the witnesses should not be burdened or influenced in any way when giving their statements.
As she said, a statement given by one of the protected witnesses indicated that the indictee had previously threatened witnesses.
The Defence said that the indictee had not committed the crime charged upon him, adding that he attended a funeral at that time and that he had an alibi for that.
“He was examined about these circumstances back in 2004. Therefore, he knew that he was a suspect. So, has he tried to influence anyone during the past ten years? Regarding the stories that somebody said something, they should specify who the witness heard it from,” said Slavisa Prodanovic, Defence attorney of the indictee.
The Court of Bosnia and Herzegovina, BiH, confirmed the indictment against Fundup on January 7. He is charged with having participated, in his capacity as a member of the First Focanska Light Infantry Brigade with the Republika Srpska Army, in the murder and mental abuse of several Bosniak civilians in the Foca area from April to June 1992.
As previously announced by the Prosecution, Fundup, who was accompanied by two other soldiers, killed seven people, including two children and five women, by shooting them from an automatic gun in Cohodar Mahala in June 1992.
Besides that, he is charged with having taken, acting in collaboration with another solider, three Bosniaks, including two minors, from a house in Gornje Polje village and taken them to Spila location, near River Drina. They allegedly lined them up and cocked their rifles while keeping them pointed towards them.
The Defence said that it did not deny that the crime charged upon Fundup really happened, but it claimed that it was not done by the indictee, but by his cousin.
“He expected that his cousin would report himself and admit that he committed the crime. We shall file a request, asking the Prosecutor to examine the indictee in the upcoming days,” Prodanovic said.
The Court will render a decision concerning the custody motion at a later stage.
Fundup surrendered to the State Investigation and Protection Agency, SIPA, on December 11 last year. He has been held in custody since.
