Gotovina et al Judgement Volume I - ICTY

38810Consequently, the Trial Chamber cannot assess whether this qualification was made ona proper factual basis. The Trial Chamber recalls its findings with regard to the hamletof Cvijanovići. Based on the foregoing, the Trial Chamber finds that members of theHV 4th Guards Brigade took the items away. Considering the ethnic composition ofPlavno in 1991 and Jovan Grubor’s evidence on the amount of Serb families in Plavno,the Trial Chamber finds that the vast majority, if not all, of the items taken was ownedby Krajina Serbs. The Trial Chamber will further consider this incident in relation toCounts 1 and 4 of the Indictment.954. The Trial Chamber considered whether Tor Munkelien’s account of allegedlooting in an unnamed hamlet in the Plavno Valley around the end of August orbeginning of September 1995 could corroborate evidence about named incidents. Whilethere are certain similarities to the incident in Petrovići on 2 or 3 September 1995,reasonable doubt remained as to whether Munkelien referred to this incident.Nevertheless, Munkelien observed military trucks and vans on the road, several armedand uniformed persons referred to as HV soldiers entering and exiting houses, andelectronic equipment in the cars. Based on this evidence and considering the time andplace of the incident, the Trial Chamber finds that around the end of August orbeginning of September 1995, members of Croatian military forces or Special Policetook away electronic equipment from houses in a hamlet in the Plavno Valley.Considering the ethnic composition of Plavno in 1991 and Jovan Grubor’s evidence onthe amount of Serb families in Plavno, the Trial Chamber finds that the vast majority, ifnot all, of the electronic equipment was owned by Krajina Serbs. The Trial Chamberwill further consider this incident in relation to Counts 1 and 4 of the Indictment inchapters 5.6.2, and 5.8.2 (f) below.955. In relation to Cvijanovići, based on the evidence received, the Trial Chamberfinds that on 4 September 1995 one building and a barn were on fire. Next to the barn,Edward Flynn and Maria Teresa Mauro encountered two uniformed persons referred toas soldiers, relaxing. Given the description of these persons as soldiers, the TrialChamber is satisfied they wore military-type uniforms. According to Flynn’s localinterpreter, the persons wore insignia of the 4th Guards Brigade from Split. When Flynninquired about the fires, one of the persons smiled and said that some other soldiers hadstarted the fires. Considering the persons’ behaviour and statement at the scene, theTrial Chamber finds that these persons set the building and the barn on fire. Given the505Case No.: IT-06-90-T 15 April 2011 `