Gotovina et al Judgement Volume I - ICTY

39186Croatian Court found that Dukić fired two shots at Bota, killing him. 898 Dukić’sacquittal in the Sava Babić case was based on, inter alia, the County Court’s findingthat Mario Dukić purchased the pistol used to kill Sava Babić in mid-September 1995while Sava Babić died, according to the County Court, between 1 and 5 September1995. 899238. The evidence indicates that sometime between 1 and 4 September 1995, SavaBabić died from gunshot wounds to the head in Mokro Polje, a hamlet in Ervenikmunicipality. In this regard, the Trial Chamber is aware that part of the evidence refersto Mokro Polje as being located in the Kistanje area, however it has concluded that thiswas due to clerical errors and/or to the fact that Mokro Polje is situated roughly at thesame distance from both Ervenik and Kistanje. The evidence also indicates that SavaBabić was of Serb ethnicity and that, on 1 September 1995, she told internationalobservers that HV soldiers had mistreated her. The Trial Chamber received evidencethat, at the time, Croatian investigators suspected Mario Dukić, a member of the 3rdbattalion of the 134th Home Guard Regiment, of murdering Sava Babić because a 7.62-millimetre cartridge identified as being fired from his gun was found in the vicinity ofher body. However, the same source also indicates that Mario Dukić purchased the gunused to kill Sava Babić sometime after her death, and that this led, together with otherfactors, to Dukić’s acquittal. Under these circumstances, there is insufficient evidence asto by whom the victim was killed. Therefore, the Trial Chamber will not furtherconsider this incident in relation to Counts 1, 6, and 7 of the Indictment.4.1.7 Gračac municipalityDušan Brkić (Further Clarification no. 22)239. The Trial Chamber has received relevant evidence with regard to the allegedmurder of Dušan Brkić, through the testimonies of Laila Malm and Bogdan Brkić, aswell as forensic documentation. Laila Malm, a UNCIVPOL member working in Knin,Benkovac, Gračac, and Obrovac municipalities between 26 August and December898 P2611 (Documentation on legal proceedings against Dukić, Ljutić, and Brčić for the murder of PetarBota and Sava Babić), Part III, p. 1.899 P2611 (Documentation on legal proceedings against Dukić, Ljutić, and Brčić for the murder of PetarBotar and Sava Babić), pp. 51-52.129Case No.: IT-06-90-T 15 April 2011 `