30 May 2013 - ICTY

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from late November 1994 onwards and (2) the witness changed the testimony on material
aspects. 3855 The Simatović Defence argues that exhibits D1356 and D1357 (e-mails sent by
the witness to the Stanišić Defence and the Prosecution following the witness’s testimony)
where the witness mentions a “deal” with the Prosecution about testifying in the instant case,
“dramatically challenge the admissibility of the testimony given by this witness”. 3856 The
Simatović Defence adds that witnesses Pelević and Dimitrijević challenged Witness JF-057’s
inconsistent evidence. 3857 In the closing arguments, the Prosecution responds that exhibits
D1356 and D1357 do not negate the witness’s reliability. The Prosecution points to the fact
that the witness’s evidence in a prior statement and testimony, which was given before the
circumstances discussed in the letters, are consistent with the testimony in the instant case. 3858
The Prosecution adds that the witness’s evidence is corroborated by other evidence, including
the Serbian DB payment records. 3859 Lastly, the Prosecution submits that exhibits D1356 and
D1357 do not say that the witness was untruthful when providing evidence. 3860 In relation to
witnesses Pelević and Dimitrijević, the Prosecution submits that Dimitrijević’s evidence about
Witness JF-057 is lacking in foundation and speculative. 3861 According to the Prosecution, the
evidence of Borislav Pelević is overshadowed by his apparent bias in favour of Arkan. 3862
1909. The Trial Chamber acknowledges that Witness JF-057 only possesses direct
knowledge about the SDG from late 1994 onwards. The Trial Chamber kept this in mind
when assessing the witness’s evidence which related to other time periods. The witness was
very precise in giving answers and exhibited a good memory. The Trial Chamber allows for
the reasonable possibility that the witness was not informed of all details of the SDG’s
actions. As for the alleged internal inconsistencies in the evidence, the Trial Chamber finds
that on the whole the witness’s accounts are credible and that the alleged inconsistencies are
often more appropriately qualified as clarifications of inaccuracies. 3863 As for the alleged
“deal” between the witness and the Prosecution, the Trial Chamber notes that neither exhibit
D1356 nor D1357 states that the witness provided untruthful testimony. The Trial Chamber
further notes that even prior to any alleged “deal” the witness provided evidence consistent
3855 Stanišić Defence Final Trial Brief, 17 December 2012, paras 1048, 1229, 1231, Annex III.
3856 Simatović Defence Final Trial Brief, 14 December 2012, paras 647-648.
3857 Simatović Defence Final Trial Brief, 14 December 2012, paras 649, 663, 684 et seq.
3858 T. 20215.
3859 T. 20215-20216.
3860 T. 20216.
3861 T. 20216-20217.
3862 T. 20217-20218.
3863 See e.g. in relation to the number of SDG members who went to Banja Luka in 1995 – cf. Stanišić Defence
Final Trial Brief, 17 December 2012, para. 1229.
Case No. IT-03-69-T 671
30 May 2013