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EMBEZZLEMENT TRIAL OF BOSNIAN CROAT OFFICIALS STARTS IN SARAJEVO

SARAJEVOSARAJEVO, Sept 24 (Hina) - The trial of a former member of the Bosnianstate presidency, Ante Jelavic, and four other Bosnian Croatssuspected of embezzling funds in the Mostar-based Hercegovacka Banka,started at the Court of Bosnia-Herzegovina in Sarajevo on Friday.
SARAJEVO, Sept 24 (Hina) - The trial of a former member of the Bosnian state presidency, Ante Jelavic, and four other Bosnian Croats suspected of embezzling funds in the Mostar-based Hercegovacka Banka, started at the Court of Bosnia-Herzegovina in Sarajevo on Friday.

The three-member trial chamber conducting the trial of Jelavic, Miroslav Prce, Miroslav Rupcic, friar Ivan Sevo and Ivica Karlovic, is chaired by Judge Malcolm Simmons of Great Britain. The other two members of the trial chamber are Carolyn Temin of the United States and Branko Peric of Bosnia-Herzegovina.

The indictment charges the five senior Croat officials and former members of the Hercegovacka Banka management board of embezzling aid which Croatian authorities sent via Hercegovacka Banka to Croats in Bosnia-Herzegovina.

Apart from the embezzlement of the aid, whose value is not expressly stated in the indictment, but is speculated to amount to around 100 million euros, Jelavic and the others are also charged with financial wrongdoings, tax evasion and abuse of office, as well as with unconscientious dealings.

The reading of the indictment was preceded by a discussion during which the accused and their defence tried to challenge the legal basis of the trial and the lawfulness and constitutionality of the Court of Bosnia-Herzegovina and the composition of the trial chamber.

Zarko Bulic, defence counsel for Miroslav Prce, said it was unconstitutional for foreign judges to prosecute Bosnian citizens before a domestic court. He insisted on the fact that the Court of Bosnia-Herzegovina was not authorised to conduct proceedings which were punishable under the laws of the Federation of Bosnia-Herzegovina.

Bulic went on to say that such a trial could be conducted only in case the accused were charged with embezzling funds belonging to Bosnia-Herzegovina, which he said was not the case as they belonged to Croatia.

The Sarajevo attorney also insisted on his client's right to immunity.

Bulic and Jelavic's attorney Josip Muselimovic again moved that their clients, who have been in prison since January, be released, which the trial chamber refused as it did other requests.

Jelavic then addressed the trial chamber in a political speech challenging the lawfulness of the fact that the trial was conducted by foreign judges and in a language which he did not understand.

He accused the court of being an instrument of an international protectorate in his country.

Jelavic also claimed that he was a victim of a political conspiracy aimed at discrediting him politically and morally for not "obeying the dictate of the international community" and agreeing to help in the disintegration of the Croat people in Bosnia-Herzegovina.

Friar Ivan Sevo was the only other indictee who addressed the trial chamber, but only to read a letter the head of the Franciscan order in Herzegovina, Ivan Soldo, wrote in his support after he was indicted in May this year.

Although he allowed the accused to address the trial chamber, Judge Simmons warned that he would no longer tolerate turning the courtroom into a forum for political speeches.

The trial will resume with the introduction of witnesses for the prosecution and the defence.

After the trial chamber ruled that the trial will continue next week, attorney Muselimovic told reporters he would most probably withdraw from the trial because he did not believe in the impartiality of the court.

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