Gotovina et al Judgement Volume I - ICTY

39165found lying next to Uroš Ognjenović’s, indicates that the same two men killed UrošŠarić.277. The evidence of Radoslav and Mirko Ognjenović on the two men’s clothing isinconsistent: Mirko Ognjenović testified that the two men both wore camouflageuniforms, while Radoslav Ognjenović stated that one of the men wore a uniform and theother civilian clothes. Further, the UNMO report of a villager telling an UNMO teamthat two HV soldiers had killed two individuals in Kakanj on the evening of 18 August1995 appears to relate to the same incident, but does not provide further details as to thefactual basis for the villager’s qualification of the two perpetrators as HV soldiers.Consequently, the Trial Chamber cannot assess whether this qualification was made ona proper factual basis. The Trial Chamber has received no other reliable evidence aboutwhich armed forces, if any, the perpetrators belonged to. Nor has the Trial Chamberreceived sufficient evidence about which armed forces, if any, were present in or in thevicinity of Kakanj at the time. The Trial Chamber is therefore unable to draw anyconclusions regarding the identity or affiliation of the perpetrators. Under thesecircumstances, the Trial Chamber will not further consider this incident in relation toCounts 1, 6, 7, 8, and 9 of the Indictment.Vojin Šarić (Further Clarification no. 84)278. The Trial Chamber has received relevant evidence on the alleged murder ofVojin Šarić primarily through the testimony of Mirko Ognjenović, and and fromdocumentation related to a criminal investigation in Croatia. Mirko Ognjenović, a Serbborn in 1921 from the village of Kakanj in Kistanje municipality, 1043 stated that he wasinformed that Vojin Šarić (born in 1911) had been found dead in a well. 1044 Accordingto the witness, Vojin Šarić was the only person left in Kakanj when the witness left on26 August 1995. 1045 According to a criminal report, signed by Ive Kardum and dated 201043 P989 (Mirko Ognjenović, witness statement, 24 January 1999), pp. 1-2; P990 (Mirko Ognjenović,witness statement, 12 July 2004), p. 1; Mirko Ognjenović, T. 10701; D873 (MUP official note ofinterview with Mirko Ognjenović, 6 May 2004), p. 1; D874 (Letters from the Police Administration ofŠibenik-Knin with official notes), p. 6.1044 P989 (Mirko Ognjenović, witness statement, 24 January 1999), pp. 3, 9; D873 (MUP official note ofinterview with Mirko Ognjenović, 6 May 2004), p. 2; D874 (Letters from the Police Administration ofŠibenik-Knin with official notes), p. 4.1045 P989 (Mirko Ognjenović, witness statement, 24 January 1999), p. 9; D873 (MUP official note ofinterview with Mirko Ognjenović, 6 May 2004), p. 2; D874 (Letters from the Police Administration ofŠibenik-Knin with official notes), p. 4.150Case No.: IT-06-90-T 15 April 2011 `