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The prosecution and the defense didn’t have any objections to the competency of the cantonal court of Novi Travnik. However, the trial chamber took a different stance.
“Following a discussion, this court declares itself incompetent in this case,” trial chamber chair Suada Kahric said.
The trial chamber said that a Bosnian state court decision, which was issued in the name of Ivan Topic, was disputable. When the investigation was expanded, Milorad Topic’s name was included as that of a potential suspect. An indictment against Milorad Topic was filed later on, while the criminal prosecution of Ivan Topic was discontinued.
The case will be submitted to the state court, which will be asked to render a decision on the court’s competency to process the case.
The cantonal court of Novi Travnik confirmed the indictment against Milorad Topic (also known as Cica), a former member of the Croatian Defense Council. Topic has been charged with the assault of a captured member of a medical unit of the Bosnian Army in a school building in Pajic Polje, near Gornji Vakuf/Uskoplje, in 1993.
This is the second time in less than a month that the cantonal court of Novi Travnik has declared itself incompetent to try a war crimes case.
On October 16, 2015, the court declared itself incompetent to handle the case of Muhko Velagic and Safet Velagic, former members of Bosnian Army who’ve been charged with crimes against prisoners of war in Bugojno in 1993.
