30 May 2013 - ICTY

49374
2082. The Trial Chamber has also considered the Serbian DB payment lists referred to above
and the evidence of Witness JF-050 and Dejan Slišković who recognized SDG members listed
thereon. Having further regard to the evidence of Witness JF-027 suggesting that the Serbian
MUP DB paid the SDG during Operation Pauk and the evidence of Witness JF-035 that the
SDG collected their salaries from the Red Berets at Petrova Gora, the Trial Chamber finds
that during the operation, in addition to payments received from Fikret Abdić, members of the
SDG were paid by the Serbian DB.
2083. Having reviewed the above payment lists, the Trial Chamber finds that the names of
the SDG and the JATD members appear on the same JATD payment lists, at the bottom of
most of which, “JATD Deputy Commander Milan Radonjić” is typed. In this respect the Trial
Chamber recalls its finding in chapter 6.3.2 that Milan Radonjić held a command position
within the JATD. It further considers that most of these lists are signed by Radonjić. Some of
them are signed by other persons for Radonjić. The Prosecution submits that in the BCS
versions of four of these payment lists, 4371 Franko Simatović’s signature or initials on behalf
of Radonjić are visible. 4372 The Prosecution refers to the evidence of Dragoslav Krsmanović,
who authenticated the signature of Frenki on a chart of exhibits. 4373 In this regard, the Trial
Chamber recalls its considerations about the reliability of Dragoslav Krsmanović’s evidence,
outlined in chapter 2. At the same time, the Trial Chamber notes that the Simatović and the
Stanišič Defence do not, as such, dispute the authenticity of Simatović’s signature/initials on
these lists. The Simatović Defence argues that the percentage of the lists allegedly signed by
Simatović is negligible, and that the word “for” next to the signature would indicate that
Simatović was not a deputy commander of the JATD. 4374 It further submits that it is a
“notorious fact” that a commander would not sign a document instead of his deputy. 4375 In
view of the evidence received, the Trial Chamber considers it to be possible that a document
would be signed for somebody by this person’s superior. 4376 As to the Defence’s argument
about the negligible number of lists allegedly signed by Simatović, and leaving aside whether
Simatović’s signature in fact appears on these lists, the Trial Chamber considers that even if
4371 P454 (List of the JATD Members to be Paid Daily Allowance for 16 to 31 December 1994); P456 (List of
the JATD Members Who Are Receiving Daily Allowance for 16 to 31 January 1995); P457 (List of JATD
Members Who Are Receiving Daily Allowances for 1 to 15 January 1995); P465 (JATD List of Employees to be
Paid Daily Spending Allowance for 16 to 31 May 1995).
4372 Prosecution Final Trial Brief, 14 December 2012, para. 909.
4373 Prosecution Final Trial Brief, 14 December 2012, para. 909. See also Dragoslav Krsmanović, T. 14708-
14710; P3039 (Chart of signatures shown to Dragoslav Krsmanović).
4374 Simatović Defence Final Trial Brief, 14 December 2012, paras 997-999.
4375 Closing Argument, T. 20370-20371.
Case No. IT-03-69-T 744
30 May 2013