Gotovina et al Judgement Volume I - ICTY

39077410. The evidence indicates that Jovan Dmitrović was killed by gunshots on 5 August1995, in Dmitrovići hamlet in Žagrović, Knin municipality, following extensiveshooting in the hamlet that lasted for about half an hour. The evidence further indicatesthat Stevo Dmitrović, who was about 50 years old at the time, and two unidentifiedmen, aged between 55 and 60, were killed by gunshots in Žagrović some time before 16August 1995. Based on their relatives’ identifications, the Trial Chamber finds thatStevo Dmitrović and Jovan Dmitrović were both of Serb ethnicity. However, the TrialChamber has received insufficient reliable evidence regarding the circumstances underwhich the four men were killed, especially in light of the extensive shooting in thehamlet on 5 August 1995. Although Ilija Mirković stated that Croatian soldiers enteredthe village on 5 August 1995, he also acknowledged that he did not see this. The TrialChamber will therefore not rely on the witness’s testimony in this respect. According toa report issued at 6 a.m. on 5 August 1995 by General Gotovina, the 4th Guards Brigadehad reached an area near or in Dmitrović. The Operations Log of the 4th GuardsBrigade corroborates this aspect of Gotovina’s report, indicating troop presence in ornear Dmitrović on 5 August 1995. However, despite this HV presence, in the absence offurther evidence in relation to the circumstances under which Jovan Dmitrović waskilled, the Trial Chamber is unable to draw any conclusions regarding the identity oraffiliation of the perpetrators. Under these circumstances, the Trial Chamber will notfurther consider this incident in relation to Counts 1, 6, and 7 of the Indictment.Ika and Vera Dondur (Further Clarification nos 136-137)411. The Trial Chamber has received relevant evidence with regard to the allegedmurder of Ika and Vera Dondur primarily through an HRAT report and forensicdocumentation. HRAT reported on 21 November 1995 that when it was on patrol inKnin municipality someone reported that on 5 August 1995 Ika Dondur and VeraDondur, two women 70 and approximately 50 years old respectively, were killed byCroatian militaries in their hamlet, Bradas, in Knin municipality. 1829 One person saidthat the women had refused to leave their house as instructed by the HV, after which thesoldiers opened fire, killing both of them. 18301829 P1099 (Maria Teresa Mauro, witness statement, 6 February 2008), para. 56; P1109 (HRAT dailyreport, 21 November 1995), p. 2.1830 P1099 (Maria Teresa Mauro, witness statement, 6 February 2008), para. 56; P1109 (HRAT dailyreport, 21 November 1995), p. 2.238Case No.: IT-06-90-T 15 April 2011 `