Gotovina et al Judgement Volume I - ICTY

39015provided by a relative, whose source of knowledge in respect of the date of death isunclear.523. Two old women told Dawes that a person in HV uniform with a lightning bolt onhis shoulder had killed Milan Balić. Although the level of detail provided by the twowomen could be interpreted to indicate that they directly observed the events, theevidence does not sufficiently establish the women’s source of knowledge in respect ofthese events or the perpetrator. The Trial Chamber further notes, in this respect, thatDawes did not remember the date or location of this incident and that his testimonyregarding the name and ethnicity of the victim appears inconsistent with other evidence.The Trial Chamber further considers that the hearsay evidence regarding the perpetratoris uncorroborated and that, as the date of the incident is not specified, this hearsayevidence cannot be corroborated by evidence of troop presence in or near Riñane at anyspecific time. For the above reasons, the Trial Chamber considers that there isinsufficient reliable evidence relating to by whom Milan Balić was killed. Under thesecircumstances, the Trial Chamber will not further consider this incident in relation toCounts 1, 6, and 7 of the Indictment.Predrag Simić (Further Clarification no. 271)524. The Trial Chamber has received evidence with regard to the alleged murder ofPredrag Simić through the testimony of Stevan Zarić. This witness, a Serb, born in1922, from Zarići hamlet in Orlić village, 2266 stated that a few days before the war inAugust 1995 he heard a speech by President Tuñman on the radio in which Tuñman toldall Serbs who had committed no crimes to stay in their homes and that they and theirfamilies would be safe. According to the witness, people in the village were saying thattheir lives would change when the Croats arrived, and talked about events during theSecond World War when “Ustashi” killed many Serbs. Also according to the witness,many people were fearful and decided to leave, and they suggested to the witness thathe and his family members leave as well. The witness told his two sons, his daughter-inlaw,and his grandchildren that they must leave. 2267 On 4 August 1995, the witnessstated that he and others heard shelling around Knin. 2268 During the evening of the same2266 P2516 (Stevan Zarić, witness statement, 10 September 2003), p. 1, para. 1.2267 P2516 (Stevan Zarić, witness statement, 10 September 2003), para. 3.2268 P2516 (Stevan Zarić, witness statement, 10 September 2003), para. 5.300Case No.: IT-06-90-T 15 April 2011 `