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Defence says Gotovina, Cermak, Markac not guilty as charged in amended indictment

ZAGREB/THE HAGUE, Dec 5 (Hina) - Defence counsel for Croatian generals Ante Gotovina, Ivan Cermak and Mladen Markac told the Hague war crimes tribunal on Tuesday their clients were not guilty as charged in an amended joint indictment. The status conference also heard that the trial might start in May 2007.
ZAGREB/THE HAGUE, Dec 5 (Hina) - Defence counsel for Croatian generals Ante Gotovina, Ivan Cermak and Mladen Markac told the Hague war crimes tribunal on Tuesday their clients were not guilty as charged in an amended joint indictment. The status conference also heard that the trial might start in May 2007.

The amended indictment charges the three generals with murder as a crime against humanity and inhumane acts as violations of the laws and customs of war, committed during and after Operation Storm against Serb civilians in the wider Knin area from August to November 1995.

At the first status conference after the joinder of the Cermak-Markac and Gotovina cases, the presiding judge said the trial was expected to start next May.

This information surprised everyone, Gotovina's lawyer Gregory Kehoe said, adding that defence counsel were first officially notified of this possibility at a meeting with ICTY representatives shortly before the status conference.

Speaking on behalf of the three defence counsel, Kehoe said it was impossible for the defence to start the trial in May and that the earliest acceptable date would be September 2007, notably due to the fact that not all evidence had been presented yet.

Cermak's lawyer Cedo Prodanovic said the earliest possible date for the trial would be spring 2008.

The status conference also heard that the trial might last 12-14 months.

After hearing the arguments of the defence and the prosecution, the presiding judge said he was still not convinced that September 2007 was a good time to start the trial.

He called on the prosecution to consider the possibility of downsizing the indictment so that the UN court could meet its exit strategy goals.

The status conference did not discuss the potential conflict of interest among defence counsel given that the Appeals Chamber has still not ruled on this issue.

Gotovina was in the courtroom, while Cermak and Markac attended via videolink from Zagreb. Markac said his medical condition was not good.

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