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30 May 2013 - ICTY

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49436<br />

1934. The Trial Chamber will first address the Defence’s submissions with regard to the<br />

reliability of Goran Stoparić. The Stanišić Defence claims that Stoparić’s testimony was<br />

internally inconsistent and contradicted by the testimony of Witness JF-024. 3933 The<br />

Simatović Defence claims that Goran Stoparić is an untrustworthy witness, who admitted<br />

before a court in Belgrade to having lied in a criminal case against a certain individual, and<br />

claimed that he had been persuaded to do so by the Defence counsel. 3934 The Trial Chamber<br />

notes that Stoparić had confessed to his lie prior to appearing before the Trial Chamber and<br />

confirmed these allegations when testifying in Court, stating that he had lied in the Podujevo<br />

murder case against Saša Cvjetan. 3935 The Trial Chamber considers that the witness’s previous<br />

conduct need not necessarily affect the reliability or credibility of his evidence given in the<br />

present case and in a different context. In relation to the Stanišić Defence submissions, the<br />

Trial Chamber notes some inconsistencies within the witness’s testimony, but does not<br />

consider them significant enough to affect the overall accuracy and the essence of his<br />

evidence in relation to the Skorpions. Furthermore, the Trial Chamber notes that it has already<br />

reviewed some of Stoparić’s evidence in chapters 3.2.6 and 3.7.1, where it considered it<br />

sufficiently credible and consistent to be able to rely on in its findings. In the present case,<br />

Stoparić presented himself as commander of a special reconnaissance unit of the Skorpions<br />

and testified that he was given a Skorpions ID booklet. His evidence in this respect is<br />

contradicted by that of Witness JF-024. The Trial Chamber acknowledges that certain parts of<br />

Stoparić’s evidence may have been exaggerated, including those parts relating to his position<br />

within the Skorpions. The Trial Chamber will remain mindful of these exaggerations.<br />

Nevertheless, in view of the entirety of his evidence, as well as other evidence received, the<br />

Trial Chamber has no doubt that Stoparić was indeed a member of the Skorpions at the<br />

relevant time. The Trial Chamber will treat the inconsistencies in the witness’s testimony, as<br />

well as any assumptions he has made based on the interpretation of the events that he<br />

witnessed or was told about, 3936 with caution. The Trial Chamber will also keep in mind,<br />

when making its findings, that the witness admitted to lying on the stand and will weigh his<br />

evidence against the entirety of the evidence reviewed, including that of Witness JF-024.<br />

3933 Stanišić Defence Final Trial Brief, 17 December 2012, para. 1075; Annexes III-D and III-E.<br />

3934 Simatović Defence Final Trial Brief, 14 December 2012, paras 892-893.<br />

3935 Goran Stoparić, T. 10540-10541.<br />

3936 For example, in relation to salaries received by the Skorpions, he failed to provide any basis for his<br />

conclusion that a reference to the Serbian MUP automatically implied the Serbian DB. See the testimony of the<br />

witness in chapter 6.5.5.<br />

Case No. IT-03-69-T 682<br />

<strong>30</strong> <strong>May</strong> <strong>2013</strong>

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