12 September 2008 The Defence hears the statement of an additional witness as the retrial of Marko Samardzija continues.
Bosko Kuridza, a former member of the Third company of the Sanica battalion of, what was at the time the Army of the Serb Republic of Bosnia and Herzegovina, stated that he saw Marko Samardzija on 10 July 1992 in Biljani village, after ''he, together with his company, brought Muslims from Brkici village into the Biljani school''.
''I lived by the school, and I did not participate in these actions, so Marko came to my house together with some soldiers to drink a cup of coffee. They told me that they brought Muslim men to school to make a list and create passes for their work or movement, I am not sure'', stated Kuridza.
The Court of Bosnia and Herzegovina sentenced Marko Samardzija in a first instance verdict to 26 years in prison for crimes against humanity in the Kljuc area but the Appellate council in May 2007 annulled the verdict and called for a retrial.
The Prosecution charges Samardzija that he, as commander of the Third company of the Sanica battalion in the Army of the Serb Republic of Bosnia and Herzegovina, on 10 July 1992 in Biljani village ordered all of the Bosniak population to leave their houses after which they were directed towards the local school where they were held and murdered.
According to Kuridza's statement, the additional Defence witness, Samardzija was sitting in the house for a couple of the hours and during that time ''you couldn't hear any shooting'', but after Samardzija and the soldiers moved, ''bursts and shots started from the direction of the school''.
Prosecutor Vesna Ilic, during the cross-examination, showed the witness, the statement he gave just six days before, in which he stated that the ''bursts and shooting lasted while Marko was sitting and were silent after he went away''.
Kuridza answered that a lot of time has passed since the war so he could not remember at all ''when precisely the shooting started''.
The witness added that ''the shooting last several hours and then there was silence'', and on the same evening he saw ''the excavator and military truck passing the house towards the school'', but he did not recognise Samardzija amongst them.
At this hearing, an additional Defence witness hearing was set for a witness who wanted to testify with protection measures but the Defence was forced to withdraw the motion due to the witness's attitude.
Azra Miletic, chairman of the Court council explained that ''any means of protection proposed by the Court were not enough''.
The trial continues on 22 September 2008.
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