Presiding Judge Branimir Zorica said it was not proved beyond reasonable doubt that Radak had committed war crimes, although he had participated in the attack on the village.
The court ruled that the participation in the attack did not in itself mean that he had committed the crimes he was charged with and that it did not mean that Radak, resident of Benkovac, was a war criminal.
The witnesses said they had not seen the accused in Skabrnja on the day in question, and the other evidence did not indicate that he had participated in executions of civilians.
Judge Zorica said that it was beyond doubt that Radak was commander of the Second Special Volunteer Platoon and a member of the Serb Democratic Party, but that it was not enough for a prison sentence.