The Supreme Court said in a statement on Tuesday it had granted an appeal by Radak's defence, quashing the sentence over incomplete facts and returning the case to the Special Tribunal for War Crimes for retrial.
A former Yugoslav People's Army volunteer, Radak was found guilty of involvement in the murder of 200 Croatian POWs at Ovcara farm in eastern Croatia. His trial was separated from that of another 16 persons accused of the crime at Ovcara given that he had been arrested after the trial against them had already begun.
Fourteen of those 16 defendants were also found guilty by the said Belgrade tribunal, but the Supreme Court quashed this verdict too over incomplete facts and a misapplication of substantive law, ordering a retrial.
The only sentence which the Supreme Court upheld was against Milan Bulic. He was convicted to eight years' imprisonment, but the Supreme Court reduced the sentence to two years due to his grave condition.