Gotovina et al Judgement Volume I - ICTY

39182Čanak about the weapons before he shot him. The Trial Chamber notes in this regardthat the District Court in Zadar convicted Petrić on 27 May 1997 of the murder of ðuradČanak and that there is no indication in the evidence that this judgement in respect ofPetrić did not become final under Croatian law. On the basis of P1076 and the evidenceof Perković, the Trial Chamber finds that Ivica Petrić was a member of the HV 15thHome Guard Regiment, 2nd Battalion, 2nd Company, and was engaged in mop-upoperations in the area of Zrmanja on the day he killed ðurad Čanak. Based on a numberof similarities, the Trial Chamber considers that UNCIVPOL’s incident report of 6September 1995 in relation to the shooting of ðuro Canak relates to the same incident.According to this report, Dušan Suica, who was also from Zrmanja, referred to ÐuradĆanak as a Serb. Based on this evidence, the Trial Chamber finds that Ðurad Čanak wasa Krajina Serb. The Trial Chamber will further consider this incident in relation toCounts 1, 6, and 7 of the Indictment in chapters 5.3.2 and 5.8.2 (b) below.247. The evidence suggests that Vlado Milanović was killed by persons referred to asCroatian soldiers in early August 1995. There is insufficient relevant evidence as towhere, the circumstances under which, and by whom the victim was killed. Under thesecircumstances the Trial Chamber will not further consider this incident in relation toCounts 1, 6, and 7 of the Indictment.Milan Marčetić and Dušan Šuica (Further Clarification nos 27-28)248. The Trial Chamber has received relevant evidence with regard to the allegedmurder of Milan Marčetić and Dušan Šuica primarily through the testimonies of PeterMarti and Maria Teresa Mauro as well as HRAT and UNCIVPOL reports.249. Peter Marti, an UNMO and later a member of HRAT in Sector South from 19June to 27 November 1995, 920 testified that on one of his missions after OperationStorm, he and his team met Milan Marčetić, a Serb male born in 1948, in the hamlet ofGudura in Zrmanja village, Gračac municipality. 921 Marčetić explained to them that he919 Although the spelling of the victim’s first name differs somewhat in different pieces of evidence, asdoes the age of the victim in P1076 and P252, the Trial Chamber is convinced, based on the description ofthe relevant events, that the different pieces of evidence refer to the same person: ðurad Čanak.920 P415 (Peter Marti, witness statement, 13 February 1996), pp. 1-2; P416 (Peter Marti, witnessstatement, 29 June 1997), pp. 1, 6; P417 (Peter Marti, witness statement, 14 December 2007), paras 1, 5,9, 17.921 P415 (Peter Marti, witness statement, 13 February 1996), pp. 2-3; P417 (Peter Marti, witnessstatement, 14 December 2007), paras 11-12; P425 (UNCIVPOL incident report, S05-95-282, 7 October1995 and HRAT report, 9 October 1995), pp. 1-2.133Case No.: IT-06-90-T 15 April 2011 `