Defence attorney Rajko Jelusic said in a written motion that there were reasonable grounds to doubt the impartiality of the panel of judges consisting of judges Vesko Krstajic, Vinka Beraha Nikicevic and Gordana Bozilovic Petrovic.
Jelusic recalls that the Serbian Supreme Court upheld appeals by the special war crimes prosecutor and defence counsel, and claims that the court had reason to order that the retrial be conducted by an entirely new panel of judges.
The attorney claims that the existing panel of judges was prejudiced with regard to the guilt of the accused and that this could result in grave breaches of the criminal procedure.
A decision on the motion to exempt the current panel of judges will be made by the president of the Belgrade District Court by Tuesday.
The trial verdict in the Ovcara massacre case, which in December 2005 sentenced 14 members of Vukovar's Territorial Defence and "Leva Supoderica" paramilitary unit and acquitted two for lack of evidence, was quashed by the Serbian Supreme Court in October 2006. The Supreme Court upheld appeals by some of the accused, as well as by the prosecution, which asked for the maximum sentence, 20 years' imprisonment, for all accused.