Gotovina et al Judgement Volume I - ICTY

39119Dmitar Rašuo, Milka Petko, Ilija Petko, ðuro Rašuo, and one unidentified person(Schedule no. 3)342. The Trial Chamber has received relevant evidence with regard to ScheduledKilling number 3 through the testimony of Witness 69 and documentation related to theCroatian criminal investigation into the matter.343. Witness 69, a Serb from a village in Knin municipality, 1421 heard shooting fromautomatic weapons in Žagrović, in Knin municipality, between 4 and 6 p.m. on 5August 1995, and saw a soldier in camouflage uniform with Croatian insignia from adistance of about 30 metres. 1422 The soldier forced the villager Dmitar (Mile) Rašuo(born in 1914), who was dressed in civilian clothes, to go with him behind a houseabout 50 metres from where Witness 69 was standing. 1423 Dmitar Rašuo explained tothe soldier that he was exempted from military obligations. 1424 About half a minute afterthe Croatian soldier had taken Dmitar behind the house, Witness 69 heard a burst ofautomatic gunfire. 1425 When asked to further describe the sound of gunfire and to clarifywhere it had come from, he stated that “it’s like it was half a kilometre away when infact it was 50 metres”. 1426 He also stated that “there was shooting all around”, and thatwhen he heard the burst this triggered him to run away, in panic. 1427 Around 10 p.m. on5 August 1995, and on 11 or 12 August 1995, Witness 69 saw the body of Ilija Petkolying on his back in a puddle of blood in a yard in Žagrović; the witness had met Petkoand his mother Milica Petko earlier on 5 August 1995 in Žagrović, when he noticed thatPetko was unarmed, and dressed in a short-sleeved checkered shirt and jeans. 1428 Petkowas about 40 years old, not in the army, and had a “bad eye”. 1429 In addition to the1421 P179 (Witness 69, witness statement, 31 May 1997), pp. 1-2; P180 (Witness 69, witness statement, 18October 2004), p. 1; Witness 69, T. 2707.1422 P179 (Witness 69, witness statement, 31 May 1997), p. 2; P180 (Witness 69, witness statement, 18October 2004), paras 2-3; D180 (Documentation of Croatian authorities’ investigation of murders of Ilijaand Milka Petko, and Dmitar and ðuro Rašuo), pp. 18, 24; Witness 69, T. 2707.1423 P179 (Witness 69, witness statement, 31 May 1997), p. 2; P180 (Witness 69, witness statement, 18October 2004), para. 3; Witness 69, T. 2747, 2749; D180 (Documentation of Croatian authorities’investigation of murders of Ilija and Milka Petko, and Dmitar and ðuro Rašuo), pp. 18-19, 24.1424 P179 (Witness 69, witness statement, 31 May 1997), p. 2.1425 P179 (Witness 69, witness statement, 31 May 1997), p. 2; Witness 69, T. 2747-2749.1426 Witness 69, T. 2747-2749.1427 Witness 69, T. 2747-2749.1428 P179 (Witness 69, witness statement, 31 May 1997), pp. 2-3; P180 (Witness 69, witness statement, 18October 2004), para. 2; Witness 69, T. 2699, 2721-2723, 2727, 2730; P183 (Photograph of a house, seenfrom outside the walls surrounding the yard); P184 (Sketch by Witness 69 of where he found a body in ayard); D180 (Documentation of Croatian authorities’ investigation of murders of Ilija and Milka Petko,and Dmitar and ðuro Rašuo), p. 18.1429 P179 (Witness 69, witness statement, 31 May 1997), p. 3; Witness 69, T. 2728-2729.196Case No.: IT-06-90-T 15 April 2011 `