WAR CRIMES TRIBUNAL TO REOPEN TRIAL IN FURUNDZIJA CASE

( Editorial: --> 7534 ) THE HAGUE, July 14 (Hina) - Court procedures against Anto Furundzija will be reopened following a procedural mistake committed by the prosecution, the International Criminal Tribunal for the former Yugoslavia (ICTY) trial chamber in charge of the case announced on Tuesday. Furundzija's trial ended on June 22. Furundzija has been accused of being present during a rape committed on May 15, 1993 at the headquarters of a Croatian Defence Council (HVO) brigade "Jokers", of which he was commander, and of allegedly conducting an interrogation of the victim while she was being sexually maltreated. Last Friday (July 10) the defence demanded that the testimony of key Witness A, the alleged rape victim, be withdrawn. The defence said the prosecution had withheld information that the witness was suffering from psychological trauma and that at least a year and a half after the rape she was under psychiatric observation and suffered from a memory disorder and post-traumatic stress. Because of this the defence had sought her testimony be struck out or, in case Furundzija is found guilty, a new trial. Presiding judge Florence Mumba said the judges could only reopen the court procedure. It would be best for Witness A to again come to the ICTY so that the defence could question her in relation to the subsequently uncovered facts and call up additional witnesses, Mumba said. She added that the first hearing could take place on August 31. Defence attorney Luka Misetic strongly objected to the court decision on reopening the procedure, adding that such a resolution would enable only a partial reconstruction of events. The defence believes that the trial chamber did not rectify the damage done to the defence, but gave the prosecution time to prepare against the defence. Judge Mumba has told the defence to wait for a written decision by the trial chamber on reopening the trial and then, if it wishes so, appeal he decision to the ICTY Appeals Chamber. (Hina) mbr jn /rml 141549 MET jul 98