"Croatia has an agreement with Kosovo on cooperation in criminal matters, however, the agreement does not foresee the extradition of own citizens to face criminal prosecution," Judge Mile Soldo explained to reporters after a hearing on Tuesday.
The bus driver is most likely to stand trial in Croatia, although it is possible that the trial will be held in Kosovo.
"This is something that cannot be decided by the defence. The defence can request this in court, but the motion must come from the state," Judge Soldo said, adding that an ad hoc hearing would be held today to hear the testimonies of the passengers who were scheduled to leave Croatia.
Reporters asked the bus driver's attorney to comment on the claims by the prosecution that the driver admitted to having fallen asleep.
"According to the information my client has provided me with, he had never admitted, not once, to falling asleep," lawyer Igor Cviska told the press, declining to reveal details of the conversation with his client.
The Kosovo-registered bus with 69 passengers and two drivers on board, travelling en route from Frankfurt, Germany to Kosovo, swerved off the motorway at Slavonski Brod, eastern Croatia, at 6.20 am on Sunday, as a result of which nine passengers and the driver who was resting were killed. Forty-four passengers were injured, including 15 seriously.
Slavonski Brod Hospital deputy director Boris Hrečkovečki confirmed today that the condition of the 15 seriously injured passengers was stable.
About 20 passengers from the Kosovo bus are scheduled to leave Slavonski Brod on a charter flight from Osijek to Kosovo at 2100 hrs. Some of the passengers have already left Croatia with the assistance of their friends and families.