Gotovina et al Judgement Volume I - ICTY

39114incident in relation to Counts 1, 6, and 7 of the Indictment in chapters 5.3.2 and 5.8.2(b) below.351. Witness 69 last saw Ilija Petko and Milica Petko, on 5 August 1995 in Žagrović.Ilija Petko was unarmed. After he witnessed the HV soldier taking Dmitar behind thehouse, Witness 69, who was hiding in the woods, saw a group of people referred to asHV soldiers in the village. In this respect, the Trial Chamber recalls its findings inchapter 4.2.9 that these soldiers were HV soldiers. Around 10 p.m. on the same day andon 11 or 12 August 1995, Witness 69 saw in a yard in Žagrović Ilija Petko’s dead bodylying on its back in a puddle of blood. According to the forensic evidence, both IlijaPetko and Milica Petko died of gunshot wounds to the chest. The Trial Chamber hasconsidered the HV soldiers’ presence and behaviour in Žagrović on 5 August 1995, aswell as Witness’s 69 evidence that on that day “there was shooting all around” and thefact that, as in the case of Dmitar Rašuo, gunshot wounds to the chest caused the deathof Ilija and Milica Petko. The Trial Chamber has further considered the fact that IlijaPetko was found dead on the day when Dmitar Rašuo was killed. On this basis, the TrialChamber finds that one or more members of the HV present in Žagrović on 5 August1995 shot and killed Ilija and Milica Petko. The Trial Chamber will further consider thisincident in relation to Counts 1, 6, and 7 of the Indictment in chapters 5.3.2 and 5.8.2(b) below.352. ðuro Rašuo’s body was found and identified by a fellow villager on 13 August1995 at the doorstep of ðorñe Rašuo’s house. The body was about two metres from thebody of Dmitar Rašuo. The Trial Chamber has received no evidence concerning theexact time of ðuro Rašuo’s death, nor has it received evidence concerning hiswhereabouts on 5 August 1995. In addition, it cannot be established with sufficientcertainty whether the forensic evidence pointed out in paragraph 674 of theProsecution’s final brief relates to ðuro Rašuo. The Trial Chamber has also receivedinsufficient evidence to make any finding on the unidentified body in Schedule no. 3 ofthe Indictment. Under these circumstances, the Trial Chamber will not further considerthese parts of this incident in relation to Counts 1, 6, and 7 of the Indictment.201Case No.: IT-06-90-T 15 April 2011 `