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Jovo Rebrača about what had happened and Rebrača seemed upset. Čubrilo visited the witness on<br />

two occasions while the latter lived in Montenegro – in 1997 and 2000 and told him to keep what<br />

he had seen to himself, threatened him, asked him to testify that he had delivered the prisoners to<br />

regular army troops. On 10 November 2007, the witness wrote a letter describing everything he<br />

knew about the crime and addressed it to institutions in Serbia, Croatia and Montenegro, in case<br />

something should happen to him. With respect to the murder of war prisoner Đuro Kiš, of which<br />

Božo Vidaković is accused, the witness said that on 7 July 1991, Đuro Kiš was confined in the<br />

movie theater in Tenja. The witness went on to say that he had heard volleys of gunfire while<br />

walking by the movie theater. When he asked a passer by what the noise had been, the latter<br />

replied that Božo Vidaković had just killed Đuro Kiš.<br />

Witness Savo Šarčević, a member of the Tenja TO at the time, stated that on 7 July 1991 he saw<br />

Đuro Kiš being captured during the attack on Tenja. Later he heard that Đuro Kiš had been killed<br />

by Vidaković and that Milan Macakanja had also killed some civilians. He claimed that he did<br />

not know who had told him that.<br />

In his testimony, witness Dragutin Makarić, who lived in Tenja at the time, refuted the claims by<br />

Čubrilo’s defense that Čubrilo had left Tenja on 8 July 1991, saying that he met Čubrilo in Tenja<br />

on 12 or 13 July 1991. Čubrilo on that occasion, was wearing a blue working overall and carried<br />

a ‘Thompson’ rifle. Witness Miroslav Momčilović, a policeman in Tenja at the time, said that<br />

Đuro Kiš had been taken prisoner on 7 July 1991 and confined in the movie theater. He had been<br />

in a yard, some 10-15 meters from the theater, when a shot rang out. He saw Božo Vidaković<br />

leave the movie theater in the company of Boško Surla, who said: “This idiot has killed the man”,<br />

referring to Vidaković. He had never heard that anyone else had killed Đuro Kiš.<br />

The other witnesses, mainly members of the TO and civilian defense force in Tenja said they had<br />

no knowledge of the events in question.<br />

Analysis of proceedings<br />

The trial will continue with the examination of more witnesses. Unique to this case so far is the<br />

fact that the Court returned the indictment to TRZ three times to correct errors and omissions,<br />

before it eventually confirmed it.<br />

26

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