Dobrovoljačka Case: Prosecutor Challenged His Own Evidence, Defense Reacted

Written by: Amina Čorbo-Zećo

Ljubinko Lukić, former head of the Quartermaster Service in the 2nd Military District in Bistrik, testified today via video link from Belgrade in the Dobrovoljačka case at the Court of Bosnia and Herzegovina. At the previous hearing, the defense raised objections to the testimony via video link, arguing that it could not be conducted without special reasons as it is contrary to the Criminal Procedure Code, to which the presiding prosecutor Mladen Vukojičić stated that the witness is elderly (born 1946) and in a wheelchair.

However, today, before the video link was established, it was seen that the witness "walked into" the courtroom of the High Court in Belgrade, prompting reactions from lawyers Mirna Avdibegović and Jesenka Rešidović, who warned that in the future they would require announcements of testimony via video link with a clear explanation and accompanying medical documentation.

Prosecutor Vukojičić said that he was told so and that he could not go to Belgrade to verify it. Avdibegović emphasized that it is unacceptable to propose hearings via video link for individuals who may potentially avoid criminal responsibility in Bosnia and Herzegovina.

"It is unacceptable to allow individuals who could potentially be held accountable for the shelling of Sarajevo not to be heard in Sarajevo, all in order to avoid criminal responsibility and possible confrontation," said Avdibegović.

Lawyer Rešidović joined her objections, noting that procedural efficiency can never override the right to a fair trial.

The Court of Bosnia and Herzegovina ultimately ordered the Prosecutor's Office to submit a list of witnesses planned to be heard via video link, and that these proposals would be considered individually.

Incidentally, today's hearing also set a precedent in a court proceeding when Vukojičić objected to the submission of witness interview records, challenging their authenticity, even though these records are actually evidence of the BiH Prosecutor's Office on the basis of which the indictment was raised and later promptly confirmed by Judge Braca Stupar.

Regarding the events of May 2 and 3, 1992, the witness recounted that on May 2 there was "shooting," and that he was in the building opposite the Command of the Second Military District, and that on May 3 they received information that they were being evacuated.

He said that he was in a truck with a driver and one soldier, and that there was a medical vehicle in the column behind them, and he thinks that behind that vehicle there were several more, including a luxury one.

He recounted that they soon stopped after the column was halted, and that they were disarmed and ordered to turn towards the truck's body.

"I saw that Colonel Radulović, who was in the medical vehicle, refused to get out and locked himself in. Then a person fired and Radulović was dead. I know that both the driver and Armela Šukalo were wounded. I don't know who else was in that vehicle; there was more space behind," said Lukić, adding that he, the truck driver, and the soldier were also wounded at that time.

He was operated on at Koševo Hospital and exchanged on May 8 or 9. At that time, as he says, Juka Prazina came, cursed, and said: "I will come even to Kukanjac."

He also recounted that a van then arrived into which he was thrown, and that a person with a HOS (Croatian Defense Forces) insignia held a gun barrel to his forehead.

This witness, who made several inappropriate comments in response to the lawyers' questions, stated that he did not hear any detonations from the shelling of city neighborhoods in April nor did he know of any fighting, although in earlier statements from 1995 he said that during that period he was visiting the front lines.

Today he refused to confirm this, so the defense submitted records of his earlier testimony as evidence.

Lawyer Lejla Čović asked the witness to say whether Alija Izetbegović was captured at Sarajevo Airport on May 2, to which the witness replied that Izetbegović was detained, not captured.

In a 1995 statement, Lukić clearly said that Alija Izetbegović was captured, noting at the time that the situation was becoming complicated. Also, today the witness presented something new that he had not mentioned before – that they had a transistor radio and listened to the negotiations that took place on May 2.

However, despite the defense's efforts to get him to say whether he heard anything on the transistor about the situation in Sarajevo, the shelling, and combat operations, Lukić answered negatively.

The continuation of testimony in this case is scheduled for April 8.