FIRST WITNESS FAILS TO SHOW UP FOR SAKIC HEARING

( Editorial: --> 4467 ) ZAGREB, June 29 (Hina) - The first witness in preliminary investigation proceedings against Dinko Sakic, the Jasenovac concentration camp commander during World War II, failed to show up for Monday's hearing at the Zagreb County Court. The county investigating judge will continue the hearing of witnesses tomorrow. Along with the county state attorney and Sakic's defender, the defendant also is allowed to attend the hearings. Ivan Kern, Sakic's court-appointed attorney, has confirmed that the first witness did not show up for the hearing. The witness has not sent any note apologising for not attending the hearing and the court does not know whether he was handed the subpoena or not because the subpoena was not returned and no one answered phone calls at the witness's address, Kern said. The witness will be handed a subpoena by a court messenger next time. Should he again fail to show up for the hearing he will be delivered by the police. The witness, whose name is kept secret because of the investigation procedure principles, has already given his testimony to the county state attorney. Kern added that his client would talk with his potential defenders during this week. Asked about the candidates, Kern mentioned Zeljko Olujic and Zvonimir Hodak. As soon as Sakic signs the letter of attorney, I will no longer be his attorney and on the same day the County Court President will relieve me of my duties as court-appointed attorney, Kern said. For the time being, the defence is still "passive" because it wants to hear what witnesses have to say first, Kern said. (hina) rml /mbr 291806 MET jun 98