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Dec 20th Report from UN Tribunal -Milosevic vs. Mayor of Dubrovnik
Jurist.com ^ | 20. Dec 2002 | VM

Posted on 12/21/2002 6:31:36 AM PST by vooch

Friday December 20, 2002 at 10:43 pm

Let's go to Dubrovnik cross-examination report.

Milosevic asked Poljanic [ Mayor of Dubrovnik ] whether he's aware that two Dubrovnik judges had investigated several dozens of cases of the Serb houses being demolished by explosive since the summer of 1991. Poljanic answered he was not aware of that. Milosevic claimed that more than 50 houses were demolished in the area of Cavtat alone. Poljanic hurried with 'it's not true' answer, but then he noticed Milosevic singled out one particular paper from the pile on his desk, so he quickly added: "I'm not aware of that."

Milosevic said: "Very well. Here I have a statement from the Dubrovnik District Court judge Dragan Gajic, given to this here institution in November 2000." And he started to quote incidents of mining, hand-grenades, mostly when houses were empty, but few times some of the inhabitants got wounded, more than 50 Serb houses demolished between the summer of 1991 and 1992 … Poljanic tried to wiggle out stating that it was impossible for judges to investigate, while the JNA was keeping the area under occupation.

Milosevic put in: "And what are we to do about the summer? Poljanic then tackled differently: "Perhaps that was the case of these unauthorized buildings?" [earlier on, Poljanic admitted he ordered some unauthorized erections to be removed] Milosevic: "But surely you didn't use hand-grenades to put down unauthorized erections? This is your judge giving his statement before this here institution."

This same judge Gajic was furthermore quoted that he was ordered to release some criminals, who subsequently joined Croatian armed forces. Poljanic said he really didn't know about that, it's such a large municipality…And, anyways, 'I really don't believe this is true.' Milosevic: "I'm only quoting the statement I've received from the opposite side." This was the beginning.

Milosevic reminded Poljanic that he claimed in his examination-in-chief a certain number of civilians got killed; but the truth was most of them were in Croatian uniforms. Poljanic got extremely upset, declared emphatically that 'not a single man got killed in uniform; in the list we have discussed here were 2 soldiers in civilian clothes, who came to the rescue of civilians shelled, that's all'. Milosevic tried to calm him, saying that 'it's unfortunate anybody got killed', and Poljanic agreed 'Sure, sure', thinking this is where the issue will end, but then Milosevic started to read some papers about the autopsy of 150 soldiers.

He asked whether the name of one Dr Ciganovic is familiar to the witness. Poljanic confirmed. Milosevic said it was the autopsy official, assisted by one Ms Damira Poljanic, police photographer, 'a cousin of yours'. Baffled, Poljanic said: "I thought you were talking about your autopsies." What a revealing, Freudian slip of the tongue: he knows his forces killed many JNA soldiers, although he testified there was but a handful of defenders surrounded within the town, with one mortar and one cannon.

Tthe Prosecution actually included in the documents also the autopsy reports of the Croatian side, revealing the autopsy of 150 Croatian soldiers! So much about only 43 civilians killed in the unprovoked shelling of the Pearl of the Adriatic. More like it, the Croats were engaged in a full-fledged 3-month battle against the JNA around Dubrovnik, where at least 150 of their soldiers got killed and exactly 158 Montenegrins, as claimed by Milosevic, who presented the list of names (most of the JNA units consisted of the Montenegrins, being the closest). That's why the suburbs of Dubrovnik got destroyed and the Croat units would simply retreat within the Old Town after each clash (an English journalist saw them, but that would be explained later on, when 2 videos are introduced).

You know what was the comment of Poljanic to this 150 soldiers autopsy fact? He actually said: "Ah, if only just one got killed, it's one too many." Milosevic insisted: "This means that the JNA was exposed to sustained attacks?" Poljanic: "Well, not all the time were they sustained, but from time to time they were sustained."

At that moment, Nice begun his jumping-up exercise: he tried to muddle the issue, 'explaining' this is a rather long statement that could be important, but also could burden the quantity of documents, and in short he is not opposed to it, but could it be tendered only a segment of it, although this would be out of context… Basically, Prosecution tried to ban their own document from the evidence! But, May surprisingly decided to accept this statement as a whole, being made by a professional. Take a note of that, this consists a precedent over which further battles would ensue.

After this, more documents were pulled out of the stack made by the brave Prosecution, who didn't bother to comb out the paperwork for the undesirable traces.

The next statement was by one Mr Simonovic, a citizen of Dubrovnik, who among other things, undoubtedly supportive to the Prosecution's case, also claimed that the Croatian military strongholds were deployed throughout the Old Town as well and he named 5 locations. Furthermore, the Croatian soldiers were heavily equipped with German rifles, Land Rovers and transporters; that they were breaking into houses, looting, even raping a woman.

Poljanic was shocked, tried to deny everything, but Milosevic calmly informed him these are not his info, 'I also do not know that particular witness, but I've got all this from the opposite side here.' He proceeded to squeeze Poljanic: "You claim the JNA was not fired upon from the positions within the Old Town?" Poljanic: No!

Milosevic read out from another statement by one Gajic about 'couple of dozens of shells fired on 6 Dec. early in the morning' [the provocation on the notorious day of 'destruction']. Obviously, these Dubrovnik characters blabbed too much in their statements. Poljanic blew the top: "Not even a single revolver bullet was fired then. It's a shameless lie! It was the greatest tragedy in the 2000-year long history…." Milosevic: "Please, do not get excited that much. Here I have yet another statement.."

Poljanic: 'Is it again some Gajic bloke?!"

Milosevic: "No, this one is from Simonovic."

Poljanic lost all his poise: "Aaaa, it means another one just like him." Milosevic instructed him: "This is a witness of this here institution, just like you are, and you are free to judge the similarity between you two."

From now on, Poljanic sat up, arms crossed, eyes tightly squeezed, measuring up each move of Milosevic, answering by pure instinct, not thinking anymore of the whole story, but only how to come out from the current question.

Milosevic slammed the point even harder: "I'm just asking you the questions on the basis of the statements of witnesses such as you yourself are. Here is, for example, a statement from one Stipe Jelavic, a witness for this false indictment." [at that moment, an inspired TV frame was shown - Nice in a close-up, hurriedly reading the same statement, heavily sighing]

This Jelavic guy stated there was a machine-gun nest on top of the St. Anne church in Brgat and in two WW2 bunkers. Poljanic allowed the possibility there was 'our army in Brgat' but not in the church. Jelavic even described how these units in Brgat were visited by a certain Croat military/paramilitary celebrity: 'Cengija came to survey the troops and to decide who is to be killed.' Poljanic stated: "Cengija is an honourable man."(?!)

Robinson understood the enormity of what was going on and said to Milosevic: "These statements have a key importance for your defence and you should summon witnesses." Milosevic pointed out that he now speaks on behalf of the JNA, wrongfully accused here; this has nothing to do with him or Serbia.

He proceeded to quote this Jelavic: an anti-aircraft gun was brought to Brgat, there were 6 other guns at 6 other points in the town, he even enclosed a drawing… Poljanic crumbled gradually: 'there was one cannon moving on a truck', 'maybe there were soldiers at the hotel', 'all these 6 locations are at Lapad', 'I was not in the Military Command, 'I accept it was so, but I wasn't aware of that'…

Then, Kwon spoke to Milosevic: "Do you want all these statements to be tendered as exhibits?"

May tried to gather some wool: "We shall hear your opinion, Mr Nice, whether witnesses should be summoned…"

Nice again tried to muddle: "The general policy being not to admit them as exhibits, just to perhaps enlarge the passage quoted…"

Kwon: "There are certain limitations regarding the statements given to the Prosecution. Are these statements accurate? [enigmatic oriental smile]

Nice: "I shall not object, if you doubt the accuracy of these statements."

Robinson: "It seems to me that now both of you are holding the same position regarding these statements."

Nice: "I wasn't saying anything, I just mentioned the context; I don't mind if the Trial Chamber admits the statements, it's only the question of the weight that is to be attributed…"

May: "We have already accepted one statement today, from a professional, thus we considered it to be truthful. Maybe Mr Kay might assist us after the cross-examination."

Kay indeed assisted later on, practically leaving it to the judges;

May said they will have to reconsider it;

Kwon further troubled them by asking: "Are there any hindrances to the acceptance of these statements, particularly since they had been taken by the investigators?", and Kay pricked Nice: "The Prosecution, as far as I understood, is renouncing its objection."

Finally, after conferring a bit, May announced they accept Jelavic statement as well, 'but this will not be a precedent in further procedure'. [again?]

After finishing his pleasant reading of the Prosecution's statements, Milosevic asked the technicians to please play two videos. One was a medley of Dubrovnik footage and the statements from some foreign journalists (I managed to write down the name of one Phil Davidson from the London Independent; there was also a former US Intelligence Service official, whose name escaped me, who spoke into the camera how the whole Dubrovnik story was a Croatian propaganda scam, how they cowardly attacked the JNA within Montenegro, then withdrew and proceeded with incursions from Dubrovnik, all the while spreading stories about the destruction of the town by heavy shelling. Davidson was a member of a large group of journalists invited to visit Dubrovnik in October, after the stories of 15,000 shells were spread by friendly Slovenian, Austrian and German press; he personally counted 15 small mortar traces; the town was in nearly pristine condition.

He saw heavy machine-guns and soldiers within the town coming and going and during the night a heavy cannon was heard shooting from the rooftop of their hotel. When this video ended, May tried to dismiss it by asking: "What was it that we saw? We don't know who these people are."

Silly Poljanic prevented him by saying: "Yes, I know even the day when this was filmed, I received these people in Dubrovnik. Yes, we made some loud noise earlier, although not a single shell fell on the Old Town before 23 Oct., but there were thousands of them that fell around the town; I picked up the journalists at the port myself, they came by sea and not through Konavli; they filmed the Old Town and sent that monstrosity to the world. Only after that the Old Town was terribly shelled." In other words, yes we did lie at first, but then we told the truth, please believe us.

But, see how even this presumption of telling the truth the second time around was proven to be lie again. The second video played was the one filmed on 25 March 1992, only few short months after the 'greatest tragedy in the 2000-year long history' of Dubrovnik. This was made by the Professor of the Northeaster Illinois University, one John Peter Maher (yes, Alexei, the one you've pointed out in your post). It was a short home video, no sound, depicting the Old Town alone, walking slowly through its streets, showing every famous place and building - all nearly spotless, except for few shrapnel scars in pavement slabs, rails and walls. The only completely destroyed building, gutted by fire, was the library of the Serbian Orthodox church.

To all that, Poljanic could only say that this gutted building is not the library, but a private house, that he doesn't know whether the library was actually burned down or by whom, and even if it was, he can 'guarantee with everything it could be guaranteed with' that the members of the ZNG (National Guard Units) didn't do it; and that an expert in architecture is expected to testify here soon, who will explain everything…[another one?]

He again started to throw out numbers of shells from the 'official version' of the Dubrovnik story: 1,056 on the Old Town, 53 on the Franciscan Convent… When Milosevic asked him how come no buildings were destroyed with all those shells, Poljanic said: "Well, you know how solidly built these houses are, difficult to destroy, and densely packed, so they can not fall…"(?!)

So, our brave witness finished shamefully. But, it was not over yet.

Kay started his short questioning as the amicus curiae and focused it entirely on the first video. This was too painful a subject for Poljanic, so he started to answer quite rudely; I'm sure nobody so far spoke that way to Kay, not even May. [wow, rhymes & poetry!] When Kay put to him that those journalists alleged old tyres were burnt on purpose, in order to denigrate the Serbs and create the effect of the town burning, Poljanic exploded against Kay: "Well, let's finally agree and accept this truth that Dubrovnik was devastated as never before in its history!"

Undeterred, Kay proceeded: "Were the guns placed on the rooftops, to provoke the reaction?"

Poljanic, in a tone of impertinent biting, that could be used to address a street thug: "I don't know what you're talking about, which buildings, I don't understand the question, will you repeat?"

Kay asked in his suave English utterances, perfectly unimpressed: "You've heard that journalist saying a heavy machine-gun had been placed on top of his hotel, in order to provoke reaction?"

Poljanic: "It's nonsense, why would we do that, there's no logic…

Kay: "In order to blame the Serbs and to create provocations?"

Poljanic: "Bah, I don't understand any of this."

I sincerely doubt such display of rudeness from Poljanic helped the Prosecution's case a bit.

Nice then got the opportunity to ask few additional questions and he desperately sought to restore his crumbling case: "In regards the alleged connections with Serbia, could you please state these details?"

But it was all in vain, Poljanic was shattered, still in his quarrelling mode, continued to answer in the same way as he did to Kay: "Bah, all that was connected to the programme of the Greater Serbia." [so much for details!]

Nice: "Did anybody apologize, a President, perhaps?" [hint, hint, help the raging witness]

Poljanic, totally lost, started to quote the song that the Lilliputian Montenegrin party sang at its rally in praise of Dubrovnik, but collected himself enough to remember that the President of Montenegro, noble mobster Djukanovic, indeed did apologize 'for the destruction of Dubrovnik'.

Nice asked: "Do you remember whether he mentioned Serbia? If you don’t, I'll play the tape for you."

Poljanic: "I don't remember, but play the tape for me and then I'll tell you."(?!)

Nice, destroyed: "Some other time. Thank you."

Then the discussion already described ensued, about the admissibility of statements. May also said they'll reconsider whether to admit these two tapes; 'maybe the one without sound could be accepted, and the other one, being with the comments, maybe will not be accepted'. Then the troika conferred, and announced to mark both videos for identification.

I have addressed here only two segments of Milosevic's cross-examination: witness' statements and videos; but there were equally great lines regarding the Amnesty International reports and war editions of Dubrovnik local paper (read the transcript). Do you think that the Prosecution proved Dubrovnik had been devastated without provocation as never before in its history?

Vera Martinovic
Belgrade
Yugoslavia


TOPICS: Crime/Corruption; Culture/Society; Foreign Affairs; Miscellaneous; News/Current Events
KEYWORDS: balkans; campaignfinance; clintons; warcrimes

1 posted on 12/21/2002 6:31:36 AM PST by vooch
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To: *balkans; Tamodaleko; LA-Lawyer; robbinsj; joan; Hoplite; Torie; ABrit; Supercooldude; Destro
bmp..........pass it on
2 posted on 12/21/2002 6:33:40 AM PST by vooch
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To: vooch
Interestingh to hear the "ailing Milosevic" tell his accuser to take it easy, calm down, (you could have a stroke)...
3 posted on 12/21/2002 9:03:35 AM PST by norton
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To: vooch
This so-called international tribunal has no legitimate authority. It is a kangaroo court.

Why should Milosevic be considered a war criminal for trying to keep the Yugoslavian Federation from falling apart? And if he is a war criminal, why did the United States fly him to Dayton, Ohio, in 1995 and ask him to formulate a peace agreement — which, by the way, he successfully did? This, as far as I know, is the first time in history that a man who negotiated an end to a war has been charged as a war criminal.

What you see in The Hague is one man being made a scapegoat by a kangaroo court for the sins of the world powers: USA, Germany and Great Britain.

Based on country’s Constitution, Milosevic had an obligation to defend Yugoslavia and it's people against the Imperial Powers terrorist's threat operating in his own country.

He should be allowed to return home to Serbia, where he will be rightly welcomed as the patriot he really is.
4 posted on 12/22/2002 7:24:25 AM PST by uplandgame
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To: uplandgame
excellant point..........and GWB appears to agree for since he was elected virtiually the entire KLA leadership has been thrown into prison, under Clinton the KLA-jihadists recieved billions of US taxpayer funds.
5 posted on 12/24/2002 5:42:48 AM PST by vooch
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To: *balkans
someone should foteward this to Mirko Klarin (soros lapdog at IWPR_ before he sdcripts his version of the Mayor's testimony :)
6 posted on 01/02/2003 6:55:13 PM PST by vooch
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To: vooch
One word....OUCH!

Tough days at the office for the prosecution.

7 posted on 01/03/2003 9:56:51 AM PST by FireWall
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To: FireWall
it has been that wat every day for the amatuerish overpaid un prosecutors
8 posted on 01/03/2003 8:26:14 PM PST by vooch
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