ZAGREB, July 2 (Hina) - The Croatian Supreme Court has dismissed a request by the chief state prosecutor that the Lora military prison abuse case be transferred from the Split County court, ruling that there was no justified reason
for the trial not to remain in Split.
ZAGREB, July 2 (Hina) - The Croatian Supreme Court has dismissed a
request by the chief state prosecutor that the Lora military prison
abuse case be transferred from the Split County court, ruling that
there was no justified reason for the trial not to remain in Split.
#L#
The Supreme Court ruled the request for transferring competence
over the trial to another court was without foundation, since the
chief state prosecutor failed to give valid reasons for such a
decision to be made.
For the Supreme Court to make such a decision, the reasons must be
important, that is, it must be evident and indisputable that the
trial would be conducted more easily before another court, the
Supreme Court said.
The mood of observers in or outside the courtroom, the expression of
stances of certain associations or the media do not represent
important reasons for which the trial should be transferred, nor
would the situation change by a transfer, the court said.
The Supreme Court does not see differences in witnesses'
testimonies from their earlier statements as unusual either. When
passing a verdict, every court is obliged to consider all
affidavits, and dissatisfied parties, even the State Prosecution,
may appeal against the verdict, the court says.
Threats against witnesses from Yugoslavia, who did not arrive in
Split because of them, also do not constitute a valid reason for the
trial to be transferred to another court, because the feeling of
insecurity of some witnesses cannot be a basis for another court to
be appointed. The court should have requested protection of such
witnesses from the interior and justice ministries. The Croatian
Embassy in Belgrade should have also guaranteed protection, the
Supreme Court said.
Transferring the trial due to possible future incidents is also
unfounded and doubts the efficiency of security measures, the court
said.
Even claims by the chief prosecutor about the case increasingly
becoming a judicial farce "for which we shall all be responsible in
the end," are unacceptable pressure on judicial independence, not a
reason for adopting his suggestion for transferring the trial to
another court, said the Supreme Court.
(hina) lml sb