SAKIC TO PRESENT DEFENCE AT TRIAL - DEFENCE ATTORNEY

ZAGREB, Oct 27 (Hina) - Dinko Sakic will most probably not present his defence during pre-trial proceedings, as we believe it is much more advisable to do so during the trial, Zagreb attorney Ivan Kern told Hina on Tuesday. Kern has been appointed by the court to defend the former commander of Jasenovac, a World War Two concentration camp in Croatia, extradited from Argentina in June. After closely analysing the testimonies of 46 witnesses, we will agree on a defence strategy, the attorney said, adding Sakic was very actively taking part in the analysis to compare the witnesses' statements with his knowledge on the matter. The investigating judge of the Zagreb County Court has questioned all witnesses suggested by the County state attorney. Still to be examined are five witnesses from Yugoslavia and Bosnia-Herzegovina suggested by the representative of an injured party. These examinations will take place in November. "Our analysis is especially focusing on facts from the period when the defendant was commander (of Jasenovac)," said Kern, adding the most concrete fact put forward so far was the murder of Mile Boskovic. The defence accepts the fact that the court-martial ruling on Boskovic was carried out at the time Sakic was commander of Jasenovac, Kern said, but added the details did not correspond to facts, especially those stating that Sakic had personally shot Boskovic. Commenting on the issue of objective and commanding responsibility, the attorney said "the proceedings so far have not provided evidence beyond doubt as to (Sakic's) commanding responsibility." Kern said the fact that Sakic was commander of the camp did not imply his criminal responsibility, which has to be founded on guilt. The attorney said a factual basis must be established beyond doubt that crimes took place at the time Sakic was camp commander. Criminal responsibility cannot be construed otherwise because nothing cannot and must not be supposed, he stressed. "This is the meaning of criminal responsibility", said Kern, stressing there was no evidence that Sakic had ordered or committed a crime. "Individual excesses cannot lead to his guilt on commanding responsibility either, since it must be individualised as guilt based on somebody's position, when he is held responsible for what his subordinates have done and failed to react appropriately," the attorney said. (hina) ha