Gotovina et al Judgement Volume I - ICTY

38793alleged perpetrators. Under these circumstances, the Trial Chamber will not furtherconsider this incident in relation to Counts 1 and 4 of the Indictment.998. The evidence indicates that on 31 August 1995, a person described as a Croatianpoliceman wearing a normal civilian police uniform loaded items from a house ownedby Milan Glumac, into a small trailer attached to a white VW Golf vehicle. The TrialChamber notes Witness 136’s information on the prevalence of Croatian check-pointsall over the region at the time. The Trial Chamber notes that this person was acting onhis own and loaded a trailer attached to a civilian vehicle. For these reasons, the TrialChamber is not satisfied that this evidence is sufficient to establish that this person wasindeed affiliated with the Croatian police. Under these circumstances, the TrialChamber will not further consider this incident in relation to Counts 1 and 4 of theIndictment.999. The evidence indicates that on 18 August 1995, about 40 houses in Žagrović,including Bradaši, showed signs of looting (open doors, broken windows, and the roomsin general disarray) and that on 11 September 1995, a lot of houses in Gornji Žagrovićin Knin municipality had been torched and looted and a lot of livestock killed. However,there is insufficient evidence as to whether, when, by whom and the circumstancesunder which the houses were emptied of goods or torched and the livestock killed.Under these circumstances, the Trial Chamber will not further consider these incidentsin relation to Counts 1, 4 and 5 of the Indictment.1000. According to an HRAT and an UNMO report, at 9:50 a.m. on 12 September1995, persons in HV uniform drove two cars with the license plates SI-702-U and SI-600-L and looted houses in Bradaši in Knin municipality, which the Trial Chamberunderstands to mean that they took items away. The evidence does not provide furtherdetails as to the factual basis for the HRAT qualification as “HV”. Consequently, theTrial Chamber cannot assess whether this qualification was made on a proper factualbasis. The Trial Chamber has received no other reliable evidence about which armedforces, if any, the alleged perpetrators belonged to, including evidence about whicharmed forces, if any, were present in or in the vicinity of Žagrović at the time. The TrialChamber is therefore unable to draw any conclusions regarding the identity or affiliationof the alleged perpetrators. Under these circumstances, the Trial Chamber will notfurther consider this incident in relation to Counts 1 and 4 of the Indictment.522Case No.: IT-06-90-T 15 April 2011 `