Gotovina et al Judgement Volume I - ICTY

38858evidence is not sufficient to establish that these persons set fire to the houses. Accordingto a VP log book, on 1 September 1995 someone saw several persons in VP cars withlicense plates “HV 283 VP” and “HV 719 VP” close to some burning houses inGolubić, and according to the same log book it was later established that the VPmembers had discovered the burning houses and were looking for the perpetrators. Theproximity between the VP members and the fires is not sufficient to establish that thesepersons set fire to the houses. Finally, the evidence indicates that a house near Golubićwas burning on 25 September 1995. However, there is insufficient evidence as to thecircumstances under which the house was set on fire. Under these circumstances, theTrial Chamber will not further consider these incidents in relation to Counts 1, 4, and 5of the Indictment.855. On the basis of P2610, the Trial Chamber finds that on 8 September 1995 fivemembers of the HV based in the Golubić area took, for their personal gain, a largenumber of items (listed on pages 7-8 of P2610) from houses in Golubić, loaded themonto a truck and drove towards Zadar. The Trial Chamber notes in this regard that theMunicipal Court in Knin convicted them of aggravated theft, and that there is noindication in the evidence that this judgement did not become final under Croatian law.Based on evidence from Mauro, the Trial Chamber further finds that on 5 September1995 persons referred to as Croatian military were looting in the Golubić area, whichthe Trial Chamber understands to mean that they took unspecified items away. Maurodid not provide further details as to the factual basis for her qualification of thesepersons as Croatian military. However, considering the presence of the HV in the areaof Golubić at the time, the Trial Chamber finds that these persons were members of theHV. Considering the ethnic composition of Golubić in 1991, the Chamber finds thatmost if not all of these items were owned by Krajina Serbs. The Trial Chamber willfurther consider these incidents in relation to Counts 1 and 4 of the Indictment inchapters 5.5.2 5.6.2 and 5.8.2 (f) below.Knin town856. The Trial Chamber has received large amounts of evidence relevant to thealleged destruction and plunder in Knin. The Trial Chamber has considered all of thisevidence, but only reviews and discusses parts of it below, focusing on the best457Case No.: IT-06-90-T 15 April 2011 `