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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY

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39208that he was too old and wanted to stay in his home, whereupon the Croatians threatenedto kill him and fired in the air to scare him away. 710 Stegnajić then ran away, leaving hiswife behind. 711 Later that evening, Stegnajić heard gunfire coming from the direction ofhis house. 712 The following morning, Canbat members of the Canadian camp escortedStegnajić to his house, where they found his wife’s dead body in a well. 713 SergeantVaughan examined the body and found no extern<strong>al</strong> signs of force and the Canbat reportconcluded that she had committed suicide. 714204. The evidence indicates that on 21 August 1995, around 3 p.m., in Stegnajić,Ljubica Stegnajić was threatened by two armed men, with long hair, dressed in civilianclothes and that she died on 21 or 22 August 1995. Her body was found in a well anddid not have any gunshot wounds or other signs of extern<strong>al</strong> force. This, in combinationwith the observations around the well, does not <strong>al</strong>low for a conclusion that LjubicaStegnajić was killed. Under these circumstances, the Tri<strong>al</strong> Chamber will not furtherconsider this incident in relation to Count 1 of the Indictment.P<strong>et</strong>ar Bota205. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to the <strong>al</strong>legedmurder of P<strong>et</strong>ar Bota primarily through the testimony of Ive Kardum and documentationrelated to a Croatian crimin<strong>al</strong> investigation into the matter.206. The Tri<strong>al</strong> Chamber considered the relevant evidence, including from Kardumand Bajić, reviewed in Chapters 4.1.6 (Sava Babić) and 6.2.5.207. On the basis of exhibits P2611, D802 and the evidence of Ive Kardum, the Tri<strong>al</strong>Chamber finds that in Kolarina on 28 September 1995, Mario Dukić, a member of theHV 134th Home Guards Brigade shot P<strong>et</strong>ar Bota, a Serb, twice, once hitting his chest,which resulted in Bota’s death. The Tri<strong>al</strong> Chamber notes in this regard that the CountyCourt in Zadar convicted Dukić on 31 January 1998 for the murder of Bota and that710 P308 (Jacques Morneau, witness statement, 27 August 1996), p. 5; Jacques Morneau, T. 3950-3951;P320 (Annexes to Canbat report on human rights abuses, August 1995), p. 2.711 P308 (Jacques Morneau, witness statement, 27 August 1996), p. 5; P320 (Annexes to Canbat report onhuman rights abuses, August 1995), p. 2.712 P320 (Annexes to Canbat report on human rights abuses, August 1995), p. 2.713 P308 (Jacques Morneau, witness statement, 27 August 1996), p. 5; Jacques Morneau, T. 3949-3950;P318 (Canbat report on human rights abuses, August 1995), p. 2; P320 (Annexes to Canbat report onhuman rights abuses, August 1995), p. 2.107Case No.: IT-06-90-T 15 April 2011 `

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