The third (second repeated) trial against Milan Jurjević and Davor Tošić. The defendants are indicted for committing a war crime against civilians.

On 8 June 2011, the War Crimes Council of the Zadar County Court pronounced the verdict in which the defendants were acquitted.

On 16 November 2011, the VSRH's Appeals Chamber rejected the State Attorney's appeal and upheld the first instance verdict. 

INDICTMENT (SUMMARY)

The Indictment issued by the County State Attorney's Office charges the defendants Milan Jurjević and Davor Tošić that on 19 December 1991 in the village of Kruševo, as members of the 4^th Light Obrovac Brigade of the so-called RSK Army, they killed a Croat Mile Brkić-Kuzman born in 1911, who offered no resistance, by firing shots from firearms. The 2^nddefendant Tošić fired several bullets from a handgun and the injured person fell on the ground. Then, the 1^st defendant Jurjević fired three more bullets from his semi-automatic rifle at him and this caused the death of Brkić. Following to that, the defendants left the site by truck and left the body of the victim at the place of the crime.

See the Indictment issued by the Zadar State Attorney's Office, No. KT-266/97 of 18 June 1997, in Croatian language here.

GENERAL INFORMATION

Zadar County Court

Case file number: K-44/07

War Crimes Council: judge Enka Moković, Council President; judges Boris Babić and Dijana Grancarić, Council Members

Indictment: No. KT-266/97 issued by the Zadar County State Attorney's Office dated 18 June 1997.

Prosecution: Radovan Marjanović, Zadar County Deputy State's Attorney

Criminal act: war crime against civilians under Article 120, paragraph 1 of the OKZRH ¹

Defendants: Milan Jurjević (in detention from 26 May until 1 December 1997) and Davor Tošić (fugitive from justice, tried in absentia)

Defence: lawyers practicing in Zadar: Ivica Ivanić representing the 1^st defendant Jurjević; and Rikardo Perković representing the 2^nd defendant Tošić

Victim-killed: Mile Brkić

TRIAL MONITORING REPORTS

See more information and the monitoring reports from the repeated trial (held in 2005) (in Croatian language) here.

The third (second repeated) main hearing began in May 2010.

VERDICTS

On 1 December 1997, the Zadar County Court acquitted the defendants.

On 13 September 2000, the Supreme Court quashed the acquitting verdict of the Zadar County Court. See the Supreme Court's judgment (in Croatian language) here.

On 15 September 2005 following the conclusion of a repeated trial, the Zadar County Court reached a verdict of conviction against the defendants. They were found guilty of committing the war crime against civilians under Article 120, paragraph 1 of the OKZRH. The 1^st defendant Jurjević was sentenced to 4- , and the 2^nd defendant Tošić to 15 years in prison.

On 14 March 2007, the Supreme Court accepted the defendants' appeals, quashed the disputed verdict and reversed the case to the Zadar County Court for a retrial. See the Supreme Court's judgment (in Croatian language) here.

On 8 June 2011, the War Crimes Council of the Zadar County Court pronounced the verdict in which the defendants were acquitted.

On 16 November 2011, the VSRH's Appeals Chamber rejected the State Attorney's appeal and upheld the first instance verdict.

^{1. Translator's note: Basic Criminal Law of the Republic of Croatia (OKZRH) ↩}

Zločin u Kruševu - Izvještaji s trećeg suđenja

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