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Closing arguments presented in trial of Croatian journalist accused of contempt

Autor: ;half;
ZAGREB/THE HAGUE, July 11 (Hina) - The prosecution requested on Tuesday that Slobodna Dalmacija daily former editor-in-chief Josip Jovic be found guilty of obstructing justice and violating an order from the Hague war crimes tribunal by publishing the testimony of protected witness Stjepan Mesic, while the defence called on the UN court's judges to reject the indictment unless they wanted to ban journalists around the world from informing the public.
ZAGREB/THE HAGUE, July 11 (Hina) - The prosecution requested on Tuesday that Slobodna Dalmacija daily former editor-in-chief Josip Jovic be found guilty of obstructing justice and violating an order from the Hague war crimes tribunal by publishing the testimony of protected witness Stjepan Mesic, while the defence called on the UN court's judges to reject the indictment unless they wanted to ban journalists around the world from informing the public.

Croatian President Mesic was the prosecution's protected witness in the 1998 Tihomir Blaskic trial and the Hague tribunal revoked that status last year. Slobodna Dalmacija published transcripts of his testimony in November and December 2000, when he had already been elected Croatian president.

Prosecutor David Eckerson said in his closing arguments that although Jovic had received a crystal clear order from the Hague tribunal prohibiting further publication of the transcripts, Slobodna Dalmacija intentionally and insolently violated that order in 22 issues.

If found guilty of contempt, Jovic could be imprisoned for up to seven years or fined up to 100,000 euros.

Eckerson dismissed the defence's claims that Croatia's State Prosecutor's Office, government and legal experts explained to Jovic in December 2000 that publication of Mesic's testimony did not break Croatian laws and that the testimony was not protected.

The prosecutor said if there was a deliberate obstruction of justice and someone defied the court, journalists could not be allowed to seek a third opinion. He added breach of a decision on witness protection undermined court proceedings and the possibility of the Prosecutor's Office to call witnesses.

Defence counsel Kresimir Krsnik cited protection of the right to information in EU and UN conventions.

He said Jovic had had no intention to breach the Hague tribunal's order and blamed the Prosecutor's Office for revoking Mesic's protected witness status five years after he had become president and long after the end of the Blaskic trial. He also expressed regret that the Croatian government had not reacted to the tribunal's order to Slobodna Dalmacija.

Krsnik said the main culprit was the person who took the transcript from the courtroom, the person he added would remain unpunished. He added it was hypocritical and disgraceful that the other newspaper which published the testimony was not accused too.

Defence counsel said Mesic could not have been endangered by the publication of the transcripts and that he had always openly stated his position and been a brave politician.

Jovic said the Hague tribunal's order had been ambiguous and that he had expected an order from the Croatian judicial authorities and a decision against further publication. He said he would have acted on them if he had received them.

Presiding judge Iain Bonomy said things were pretty clear and announced a verdict soon.

(Hina) ha

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