1 Tuesday, 20 June 2006

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 9.00 a.m.

5 JUDGE MOLOTO: Yes, Mr. Whiting?

6 MR. WHITING: Thank you, Your Honour. Prosecution calls its next

7 witness, Mina Zunac.

8 [The witness entered court]

9 JUDGE MOLOTO: May the witness please make the declaration.

10 THE WITNESS: [Interpretation] I solemnly declare that I will speak

11 the truth, the whole truth and nothing but the truth.

12 WITNESS: MINA ZUNAC

13 [Witness answered through interpreter]

14 JUDGE MOLOTO: Thank you. You may be seated.

15 Yes, Mr. Whiting?

16 MR. WHITING: Thank you, Your Honour.

17 Examination by Mr. Whiting:

18 Q. Good morning, Ms. Zunac. Could you please state your name for the

19 record.

20 A. My name is Mina Zunac.

21 Q. Ms. Zunac, can you understand me clearly in a language that you

22 can understand?

23 A. Completely so, yes.

24 Q. If at any time you're unable to understand me or if you don't

25 understand one of my questions, please let me know, okay?

1 A. Yes, of course,.

2 Q. Ms. Zunac, I'm just going to go through a little bit of your

3 background and if you can just confirm that it's accurate. You were born

4 on the 5th of November 1974 and you are of Croatian ethnicity; is that

5 correct?

6 A. That is correct.

7 Q. You've lived in Zagreb all your life?

8 A. Yes.

9 Q. In 1992, did you start working?

10 A. Yes.

11 Q. What was -- what did you start working at? What was the job that

12 you started to do?

13 A. The official title of my job is a customs broker or a certified

14 custom representative as they call it now.

15 Q. Are you still working in that position today?

16 A. Yes.

17 Q. In May of 1995, were you working in that position?

18 A. Yes, I was.

19 Q. I want to turn now to the 2nd of May 1995. Were you working on

20 that day?

21 A. Yes.

22 Q. In the morning of that day, the 2nd of May, can you tell us what

23 you did and where you went?

24 A. It was a routine working day. We had something to do at the

25 customs office, then I was supposed to go to the bank and then to the

1 national audit office.

2 Q. Before I ask you any more questions about this, could you tell me,

3 if you remember, what kind of a day was it in Zagreb?

4 A. Just like any other. The weather was fine. It was spring, sunny.

5 Q. You said it was a routine working day. Was it a working day for

6 everybody or was it a holiday?

7 A. For everybody.

8 Q. There was a -- it's a little unclear in the translation, what was

9 it for everybody, a working day or a holiday?

10 A. A working day for everybody, a regular day in mid-week.

11 Q. Were there people out in the street?

12 A. Yes, certainly. It is the centre of town and also the business

13 area. Therefore, there were a lot of people moving about, going about

14 their business.

15 Q. Before that date, the 2nd of May, 1995, to your knowledge, had

16 there been any warning that Zagreb could be attacked?

17 A. No. There were no indications that anything could take place.

18 Furthermore, it was actually after all the air raids had finished and we

19 enjoyed a relatively quiet period.

20 Q. When had there been air raids, how long before, if you recall?

21 A. I can't say exactly.

22 THE INTERPRETER: Interpreter's correction: The alarm was sounded

23 not the actual raids were made.

24 MR. WHITING:

25 Q. Do you remember if it had been that year or previous years or --

1 that the alarm was sounded?

2 A. I can't be specific. It was a while ago, and the very events

3 immediately before that and after I was wounded left some gaps in my

4 memory. It is difficult for me to say exactly what had happened before

5 that.

6 Q. I understand. In any event, on that day, on the 2nd of May, 1995,

7 as you went about your business, did you have any reason to expect that

8 there could be an attack on Zagreb that day?

9 A. No.

10 Q. Now, you said in your previous answer that -- when I asked you

11 what you were doing that day you said you were supposed to go to the

12 national audit office. Did you get to the national audit office?

13 A. Yes, I did. Yes.

14 Q. And can you tell me where that is located in terms -- you have

15 some water there. Don't hesitate to -- if you need to drink some water.

16 Can you tell me where that -- where the national audit office is

17 located, in terms of what street and even if you know the address?

18 A. The address is Schollosserove Stube number 1. It is in the centre

19 of town at the crossroads Krizaniceva and Vlaska street. It is some five

20 minutes away from Ban Jelisic square.

21 Q. Now what did you find when you got to the national audit office?

22 A. It was a busy day in the centre. We took our car. That is my

23 mother and I. We parked at Vlaska street and I went to the audit office

24 to have some papers stamped. Then there was quite a queue at the audit

25 offers and I went back to my mother to tell her that she should move on

1 with her vehicle because she wasn't park in a marked spot and I told her

2 that she can go on and that I would return home by foot.

3 Q. Okay. Before we go on with your story, I'm going to make you look

4 at some maps. If we could look at the map that is ERN 06010266 on

5 e-court. This is a nicer version of a map which is in evidence as Exhibit

6 382. It's such a nice map, it takes a few seconds to load on e-court.

7 If we could leave it just like that for the moment, Ms. Zunac, can

8 you tell me just -- what this is in front of you, if you can see it? What

9 is it a map of?

10 A. I can see the map. It is the map of the centre of town, of the

11 town of Zagreb.

12 Q. Thank you.

13 MR. WHITING: Your Honour, what I'd like to do is admit into

14 evidence one clean, unmarked verse of the map and then I'm going to ask

15 the witness to mark it and that will be a separate exhibit. But I think

16 it would be nice to have in evidence an unmarked version so if this could

17 be admitted into evidence and given a number, please.

18 JUDGE MOLOTO: The map on the screen is admitted into evidence.

19 May it please be given an exhibit number.

20 THE REGISTRAR: Yes, Your Honour, that will be Exhibit number 814.

21 JUDGE MOLOTO: Thank you very much, yes, Mr. Whiting.

22 MR. WHITING: Thank you, Your Honour.

23 Q. Now if we could zoom in on the map and I'm interested in the part

24 that is the -- it's really the upper right but not all the way upper

25 right. Where it says Salata, before that if you take the arrow below,

1 further down, further down, now to the right, there. That's -- I'd like

2 to zoom in on that area, please. Yeah, a little bit more to the left.

3 Sorry.

4 Perfect. Thank you.

5 Do you -- Ms. Zunac, are you able to recognise this area on the

6 map, what is depicted there?

7 A. Yes, of course. We can see here Stara Vlaska and Vlaska street as

8 well as Draskoviceva street and the centre of town as well as the location

9 where I was hit, I was wound.

10 Q. I'm going to ask you to take our special pen and make a few

11 markings if you could. First, are you able to see where Ban Jelacic

12 square is on this map?

13 A. There it is.

14 Q. Thank you. Can you put an A next to that?

15 A. [Marks].

16 Q. Okay. Are you able to see Ilica Street on here?

17 A. Yes, we can see the beginning of it.

18 Q. Can you draw a line where it begins and put a B? And if you could

19 put the B as close to the line as you can, please?

20 A. This is Ilica that's where it begins.

21 Q. If the record could reflect that the witness has drawn a line on

22 the road leading from Ban Jelacic square and drew a line across the line

23 indicating where the Ilica begins. So does is it your testimony then just

24 to be clear about it that the Ilica goes from the Ban Jelacic square off

25 in the direction to the left of the map?

1 MR. MILOVANCEVIC: [Interpretation] Your Honours --

2 THE WITNESS: [Interpretation] Yes.

3 JUDGE MOLOTO: Just hold on, Witness. Yes, Mr. Milovancevic?

4 MR. MILOVANCEVIC: [Interpretation] An objection. I believe the

5 witness should say herself what she marked on the map and what the lines

6 and the markings concern, and not the Prosecutor.

7 THE WITNESS: [Interpretation] I've marked the Ilica with a line

8 which starts from Ban Jelacic square and moves on to -- towards the west,

9 and in this case to the left of the map.

10 JUDGE MOLOTO: Mr. Whiting, I hear what Mr. Milovancevic is

11 saying. I'm not quite clear I understand what he's saying. My concern is

12 that I think you have been testifying. The concept of Ilica, the name

13 Ilica first came from you and not from the witness. And I understand that

14 this is all background information. But, you know, when we started I

15 thought we were zooming in just below Salata, more to the right. Now

16 we've gone to the -- you asked her to show this square and from then on

17 you have been leading her. Maybe if you could ask her questions, please.

18 MR. WHITING: I will, Your Honour, though I do think that with

19 respect to the Ilica street I just simply asked her if she knew -- could

20 point to where it was and that's how we got into it. That was the first

21 question, but I will continue and I will focus on the area where I've

22 asked to zoom in on.

23 Q. Witness, are you able to see on here on the map where the national

24 audit office was?

25 JUDGE MOLOTO: Is it no more? Is that national audit office no

1 more? Does it no longer exist?

2 MR. WHITING: I don't know. I have -- actually don't know. I'm

3 just interested in May of 1995. I don't know if it exists, if it's still

4 there. I actually don't know.

5 Q. But in May of 1995, you testified that you went to the national

6 audit office on the 2nd of May. Can you see where it is on the map?

7 A. Yes. I can see the audit building on the map, and it is there,

8 even today, but the institution merely changed its name. It is no longer

9 the ZAP as it used to be referred to in Croatian. It is now called, FINA,

10 F-I-N-A, but basically the same office.

11 Q. Can you take the pen and circle it and put a C next to the circle

12 that you make?

13 A. This is the audit office.

14 Q. Now finally you testified earlier that you left the national audit

15 office and went to speak to your mother who was in a parked car. Are you

16 able to see on the map where approximately your mother was parked and

17 where you went to speak with her?

18 A. Yes. I can see it here. And more or less I can determine where

19 the car was parked. Do you want me to mark that spot?

20 Q. Yes, if you would. If you could mark the spot and put a little D

21 next to the spot where the car was parked?

22 A. This is the approximate location of the car.

23 MR. WHITING: If the record could just reflect that the witness

24 has put an X saying this is the approximate location of the car and has

25 put a D above it.

1 Your Honour, could this marked exhibit be admitted into evidence,

2 please?

3 JUDGE MOLOTO: The marked exhibit is admitted into evidence. May

4 it please be given an exhibit number.

5 THE REGISTRAR: Yes, Your Honour. That will be Exhibit number

6 815.

7 JUDGE MOLOTO: Thank you very much. Yes, Mr. Whiting.

8 MR. WHITING: If we could just leave it on the screen.

9 Q. I see on the map that Draskoviceva Street runs south from the

10 point you've marked as C. Can you tell me, describe for me what that

11 street was and any significance of that street?

12 A. It is a very busy street in the centre. What is important about

13 it is that many tram lines intersect there from various parts of town. It

14 is quite a busy street and it is a part of the business area. Do you want

15 me to mark it on the map?

16 Q. I should have done it before, I'm sorry. Yes. If you could

17 mark -- are you able to see -- you said the trams intersect. Do you know

18 what point on that street they intersect?

19 A. In principle, those tram lines intersect in this part. Could we

20 please zoom out?

21 Q. Yeah. Could we zoom back out? I think -- I think that's fine.

22 Now, we lost your prior markings but that's okay. They are in

23 evidence. If you're able now on this version to mark where the trams

24 intersect on that street, Draskoviceva Street?

25 A. Trams come from the direction of Vlaska which continues on towards

1 Draskoviceva Street, then there is another line coming from up above, from

2 Riblek [phoen] and another one from Borongaj, and also from the bottom of

3 the map up the Draskoviceva there are trams coming from the trains --

4 central station, and then some of them go on towards Ban Jelacic square.

5 So all these lines intersect in this area and a lot of people change trams

6 right here in this street.

7 Q. Can you -- just so our record is clear, you've drawn some arrows

8 and a circle, can you put an A next to the area where these various trams

9 intersect?

10 A. This area marked with the letter A represents a tram stop on both

11 sides of the street where many tram lines meet and where people usually

12 change tram lines and that's the central portion of the Draskoviceva.

13 Q. Thank you, Ms. Zunac.

14 MR. WHITING: Your Honour could this marked map now be admitted

15 into evidence and given a number.

16 JUDGE MOLOTO: This marked map is admitted into evidence. May it

17 please be given an exhibit number.

18 THE REGISTRAR: Your Honour, that will be Exhibit number 816.

19 JUDGE MOLOTO: Thank you very much.

20 MR. WHITING:

21 Q. Now I'm going to ask you to look at another map and this is

22 Exhibit 805, please, in evidence, and we need to look at page 7. If we

23 could just zoom in on it a little bit, not too much but just make it a

24 little bit bigger?

25 Now, Ms. Zunac, do you recognise this map? Are you able to orient

1 yourself on this map?

2 A. I recognise this map and I can get my bearings on it easily.

3 Q. On this map, could you mark -- are you able to see where the

4 national audit office was on this map? Was and is.

5 A. It is clearly visible where the audit office is.

6 Q. Could you just mark it with an A?

7 A. [Marks].

8 Q. Is it visible on this map where your car was, where your mother

9 was parked, where you went to speak with her?

10 A. Yes. That can be seen here. I can determine an approximate

11 location of the car.

12 Q. Could you mark that with a B, please?

13 A. [Marks].

14 Q. Thank you.

15 MR. WHITING: Your Honour, could this marked map now be admitted

16 into evidence and given a number, please?

17 JUDGE MOLOTO: The marked map is admitted into evidence. May it

18 please be given an exhibit number.

19 THE REGISTRAR: Your Honours, that will be Exhibit number 817.

20 JUDGE MOLOTO: Thank you very much. Yes.

21 MR. WHITING: Thank you, Your Honour.

22 Q. Okay, we're done with maps. Ms. Zunac, I want to continue now

23 with the story of what happened that day. When I interrupted you, you

24 said that you had returned to the car and you were speaking to your mother

25 at the car. What happened next?

1 A. We exchanged but a few words and after that, first we heard an

2 explosion and then everything fell silent. It seemed as if everything had

3 stopped and as if we were in a vacuum. It lasted for a few seconds, but

4 to us it appeared to be much longer. After that, we heard a series of

5 small explosions. It all happened within a moment of time. After that I

6 felt pain in my leg and I could see that my leg had been blown apart. At

7 first, I wasn't clear as to what was happening. It was so unexpected and

8 it was such a surprise. I was in a state of shock. After that, people

9 began panicking, one could hear screams, and mayhem was created.

10 Q. Ms. Zunac, when the explosion occurred, where were you precisely

11 in relation to the car?

12 A. I was next to the driver's seat, outside of the car.

13 Q. And where was your mother?

14 A. My mother was inside the car, sitting in the driver's seat.

15 Q. And after people began panicking and mayhem was created, what's

16 the next thing that happened?

17 A. My mother was in a state of shock and panic. One could hear more

18 explosions in the background, and I tried walking towards other cars that

19 were parked there because I was in the open, but I couldn't stand on the

20 leg, and I realised that it had been shattered to pieces. I threw myself

21 on the ground and I crawled to find a place between the cars. Fuel was

22 leaking from all the tanks, and all the cars around me were damaged.

23 People were screaming around me.

24 Q. What happened next?

25 A. Something was ablaze and somebody started yelling, "Fire," which I

1 found terrible because I was lying in a pool of fuel that was leaking from

2 the surrounding vehicles, and I saw a man running by the vehicles with an

3 extinguisher. I grabbed him by his leg and I asked him to spray the area

4 around me because I was afraid that I would be caught by the fire. When

5 the man saw the condition I was in, he stopped my bleeding, he did it with

6 his belt, and he sprayed the area around me with the fire extinguisher.

7 After that, my mother got out of the car. He [as interpreted] was in a

8 total shock, in a state of panic. And the people in the cars realised

9 that something had happened to me. They got out of their cars, they came

10 closer to me but they were not moving. They didn't know what to do with

11 me.

12 After a while, the man who had stopped my leg from bleeding

13 returned with a young policeman and they tried to help me. They tried to

14 call an ambulance but this was not possible because traffic was in a state

15 of collapse and the telephone lines were down and although hospital was

16 near, they could not get an ambulance. So they decided to transport me

17 themselves, but they did not have a vehicle handy that they could use.

18 All the cars in the vicinity were damaged and were not in driving

19 condition. This young policeman went somewhere and he returned with a

20 vehicle that he could use, but then they had another problem. They could

21 not carry me to that vehicle and they could not bring that vehicle towards

22 me because there were a lot of debris and unexploded bomblets around me

23 and they didn't dare enter the street with that vehicle. They tried to

24 find a stretcher. They couldn't, and after a while, they took a door from

25 a building, they put me on the door and they started carrying me slowly

1 from that street towards that car that they had been able to locate.

2 Q. You said that something was ablaze. Were you able to determine

3 what it was that was ablaze?

4 A. No. At that moment, I was focused on myself and my wounds, and I

5 did not pay too much attention to what was burning around me. I only

6 heard people repeating, "fire, fire."

7 Q. You said that the man stopped the bleeding in your leg with his

8 belt. Can you tell us exactly how he did that, if you remember?

9 A. First he removed his belt, and then he ligated my wound on my hip.

10 He tried to tie as a knot as tightly as possible without aggravating my

11 wound even further.

12 Q. Are you able to tell us in what direction you were carried on this

13 door that they used for a stretcher?

14 A. They carried me in the direction of west, towards the Ban Jelacic

15 square. They went in that direction because I assume that the situation

16 was even worse towards Draskoviceva. I suppose they didn't even attempt

17 to go along Draskoviceva but rather decided to carry me westward and

18 that's where the vehicle was that they had managed to stop.

19 Q. And where did they take you?

20 A. After that, they took me to the trauma centre, to the hospital

21 that is in Draskoviceva, south of the intersection of Draskoviceva and

22 Vlaska, approximately five to ten minutes' walk from the place where I was

23 wounded.

24 Q. After you were injured and while you were being carried on that

25 door, did you -- do you recall seeing any other injured people?

1 A. I wouldn't be able to tell you whether I saw any wounded. I saw

2 a man lying next to a car parked in Vlaska. There were no people around

3 him, nobody came to his assistance, and I suppose that he was already

4 dead and that's why they focused their attention on me rather than him.

5 Q. Before the explosion occurred, did you see any military personnel

6 or any military vehicles in the area where you were?

7 A. No. This is the centre of town. There were no uniformed men

8 there. There were no military there. There are no military facilities

9 there. The only uniformed person that I could see there was this young

10 policeman, but he was not a military policeman, he was a police officer,

11 maybe a traffic police officer.

12 Q. Can you describe for us now the injuries that you received as a

13 result of the explosion?

14 A. I suffered serious injuries in my right leg. My right foot was

15 shattered. One part of my foot was amputated. My lower right leg was

16 heavily damaged. I had a fracture of my right knee, right hip, my right

17 fist, and I also sustained head injuries. I had a head full of shrapnels.

18 My whole back was black and blue with contusions. I was fortunate enough

19 to have been wearing a leather motorcycle jacket, so quite a number of

20 shrapnels could not penetrate that thick jacket.

21 Q. I want to start with the injury on your right fist and then we'll

22 talk about your leg and your foot. Is there any -- today is there any

23 visible sign of the injury to your hand? Your right-hand?

24 A. Yes. There are scars. You can see a plate let in my right fist.

25 I am missing a bone so this has been replaced. I cannot close my fist and

1 I have a lot of problems when I write because I cannot hold a pen for any

2 length of time, and I can't write for any length of time.

3 Q. Do you think you could hold up your right hand for us and we will

4 be able to see it on the monitor. If you could just sort of show where

5 the -- and if you could just point to us where the injury is, where the

6 scar is and the injury on your hand?

7 A. [Indicates] This is my right fist and this part is a metal plate.

8 These are scars on this part, and on the upper part of my fist, the

9 mobility of my fingers has been reduced. I cannot close my fist properly.

10 Also, after that injury, I stopped playing the piano.

11 Q. I'll ask you more about that in a moment. I want to ask you about

12 the injury to your leg and foot, and to spare you from having to remove

13 your shoe in court, we've taken some photographs.

14 MR. WHITING: And if we could show them on the E court it's ERN

15 06010262 to 0265.

16 We are looking at the photograph which -- the first photograph in

17 the series which has the number 0262.

18 Q. Ms. Zunac, do you recognise that, what's depicted in the

19 photograph?

20 A. Yes. This is my right leg.

21 Q. Could we turn to the -- could we look at the next page, please?

22 This is 0263. Do you recognise that?

23 A. Yes. My right foot.

24 Q. Could we look at the next picture 0264? What is that, in 0264?

25 A. You can see the big scar that I have on the right knee.

1 Q. Finally if we could look at 0265, please? What is that?

2 A. This is the sole of my right leg, and you can again see a big scar

3 there.

4 Q. By the way, can you tell us what kind of a shoe were you wearing

5 on that day?

6 A. This is very important for the way I was injured. I was wearing a

7 motorcycle boots with protector parts, very thick leather with a very

8 thick sole, and I believe that those boots were the one that is saved my

9 leg.

10 MR. WHITING: Your Honour, could these photographs be admitted

11 into evidence and given a number, please?

12 JUDGE MOLOTO: The photographs are admitted into evidence. May

13 they please be given an exhibit number?

14 THE REGISTRAR: Yes, Your Honours. That will be Exhibit 818.

15 JUDGE MOLOTO: Thank you very much. Yes, Mr. Whiting?

16 MR. WHITING: Thank you, Your Honour.

17 Q. Ms. Zunac, and they can be taken off the screen now.

18 Ms. Zunac, did the doctors remove the shrapnel from your foot and

19 leg?

20 A. No. For the most part, no. I have over 45 shrapnels still in my

21 leg, which are impossible to remove. One could remove one by one, if

22 there is pain or further impairments but it is in practical terms

23 impossible to remove all those shrapnels from my leg.

24 Q. How long did you spend in the hospital?

25 A. All in all, about a year. It is important to stress here that I

1 would be discharged from time to time because the hospitals were crowded

2 and they needed beds, so between surgeries I would be discharged and also

3 I live some ten minutes from the hospital and in case of any complications

4 that might have occurred, I could have been transported back to the

5 hospital in no time.

6 Q. You made a reference to surgeries in that last answer. How many

7 surgeries did you have?

8 A. I had seven surgeries during the first couple of months, and after

9 that three more, and then I stopped counting after that.

10 Q. Ms. Zunac, I want to show you some photographs. There are Exhibit

11 386 and if we could start with page 4 of that exhibit?

12 A. Very well.

13 Q. And if we could zoom in a little bit on photograph F1, the one on

14 the top, Ms. Zunac, do you recognise that, what's depicted in photograph

15 F1?

16 A. F1 depicts Draskoviceva street.

17 Q. Could we look now, please, at page 18 of this exhibit? And I'm

18 looking for photograph F30, if we could zoom in on that. Can you tell us

19 what's depicted in this photograph, F30?

20 A. This is the crossroads of Draskoviceva and Vlaska and in the

21 background you see the building of the audit office where I was headed.

22 Q. Could we go to page 28, please? I want to look at photograph F50.

23 And could we zoom in more on this? Maybe even more, if we could, just one

24 more. On those cars in the middle there. That's perfect. Ms. Zunac, do

25 you recognise anything in this photograph?

1 A. This is Vlaska street, where I got injured, and you can see my

2 vehicle, if you look at the middle line, the third vehicle from the front,

3 the green Renault, the first car is white, and then the green one, that's

4 my car.

5 Q. Could we ask with the assistance of the usher maybe you can mark

6 it with a pen. I think your description was clear but just so we are

7 sure. If you could just draw an arrow pointing to your car in this

8 photograph?

9 A. Here it is. This is my car.

10 Q. Thank you.

11 MR. WHITING: Your Honour, could this marked photograph now be

12 admitted into evidence, please?

13 JUDGE MOLOTO: The marked photograph is admitted into evidence.

14 May it please be given an exhibit number.

15 THE REGISTRAR: It will be Exhibit number 819, Your Honours.

16 JUDGE MOLOTO: Thank you very much. Yes, Mr. Whiting?

17 MR. WHITING: Thank you, Your Honour.

18 Q. Could we now go to page 30? And I want to look at photograph

19 F52. Actually, if I could just have a moment, that wasn't the one I had

20 in mind.

21 A. You can see my vehicle in this photo as well.

22 Q. Okay. Well, can you describe for us where it is in this

23 photograph? This is F52.

24 A. The vehicle is left to the cars parked on the right-hand side of

25 the road. In other words, it is the third car in the middle of the photo,

1 approximately.

2 MR. WHITING: Your Honour, I'm not inclined to have the witness

3 mark it unless Your Honours would prefer. Okay, thank you. The

4 photograph I had in mind was the next photograph, it's F53 on the next

5 page.

6 Q. Do you recognise anything in this photograph, F53?

7 A. Yes. Again, this is Vlaska street taken from a different angle,

8 and you can see the car and the man lying on the street that we passed as

9 they were carrying me. He's dead, and you can see that he's lying next to

10 his car.

11 Q. And finally, could we go to page 36 and look at photograph F65?

12 Do you recognise anything in that photograph?

13 A. Vlaska street and in the left bottom corner you can see my

14 vehicle, and this is the place where I was injured.

15 Q. Thank you. I have no further questions about those photographs.

16 So they can be taken off the monitor.

17 Ms. Zunac, I want to talk to you about the present day, about

18 today. Do you have any physical or psychological effects from your

19 injuries today? Maybe start with the physical.

20 A. I do. I have constant pain in my leg. I have problems walking.

21 I limp. From time to time, I feel strong pain in the toe that was

22 amputated, and this pain is the worst because I feel pain in the part of

23 my body that no longer exists. I can feel changes when the weather

24 changes. I also have problems with my right hand, problems with writing,

25 as I've already told you. I can no longer play the piano. My leg

1 injuries have changed my way of life. I can no longer ski. I can no

2 longer engage in a majority of physical activities that I used to enjoy.

3 At first I could not move properly. Now this has improved but this has

4 had an impact on my social life. I could not go out. I could not keep

5 pace with my friends. I could no longer engage in the things that we used

6 to do together in the past. This was no longer possible. I still have a

7 lot of problems with choosing my foot wear because in addition to my right

8 foot being painful, I cannot move my right ankle and therefore, I cannot

9 wear most of the shoes that are available, and that is what creates a lot

10 of problems in my life.

11 Q. Ms. Zunac, have there been any psychological effects?

12 A. Of course. At first, after I was injured, I had problems with

13 open spaces. I did not dare go out too much, and when I did, I would

14 always stick to the buildings. I fretted open spaces, although I knew in

15 my mind that nothing else could happen, I still felt the discomfort in

16 open spaces. I had a lot of problems with short-term memory, with events

17 that took place in the not-distant past. Sometimes I have problems with

18 chronologically putting things in order. I have a lot of problems

19 sleeping. I suffer from insomnia. Any sudden, unexpected noises cause

20 discomfort and fear. Initially, if, for example, the doors slammed or the

21 windows slammed, this sudden noise would make me throw myself on the

22 floor, which was so silly. Later on it stopped but at first I really felt

23 uncomfortable with that. And also, another thing that is very traumatic

24 is, for example, celebration of new year, when there are crackers being

25 fired and that period of year re-enacts my trauma and, if I possibly can,

1 I don't like being in town around new year.

2 Q. Thank you, Ms. Zunac. Those are all my questions.

3 MR. WHITING: Thank you, Your Honours.

4 JUDGE MOLOTO: Thank you, Mr. Whiting.

5 Mr. Milovancevic?

6 MR. MILOVANCEVIC: [Interpretation] Defence has no questions for

7 the witness, Your Honour. Thank you.

8 JUDGE MOLOTO: Thank you, Mr. Milovancevic.

9 Judge?

10 JUDGE HOEPFEL: No questions, thank you.

11 JUDGE NOSWORTHY: No questions.

12 Questioned by the Court:

13 JUDGE MOLOTO: Ms. Zunac, are you able to tell us what happened to

14 your mother on that day?

15 A. Fortunately, she wasn't injured, but she suffered a great shock.

16 JUDGE MOLOTO: And was your mother's car or your car, was it also

17 not damaged?

18 A. The car had been almost completely destroyed, but I don't believe

19 that to be important. It's but a vehicle.

20 JUDGE MOLOTO: You told us that you still have shrapnel in your

21 body that has not been removed. Does it have any effect on you,

22 physically or otherwise?

23 A. The problem with the pieces of shrapnel is that there are too

24 many, and the doctors do not dare try and remove them. More or less, I

25 have to be alert all the time. I have to be watchful because should there

1 be any pain or any significant change, I need to contact my physicians.

2 The problem is that they cannot offer any sort of advice as regards those

3 pieces of shrapnel. I can do everything but at the same time I can't do

4 anything. I have to be on constant alert to watch for any sudden changes

5 in my leg, and should that happen, I have to get in touch with them as

6 soon as possible.

7 JUDGE MOLOTO: I understand. I guess what I want to find out is

8 whether they hurt. Do you hurt as a result of this shrapnel, even today,

9 or don't you feel anything? That's what I meant by what effect do they

10 have on you.

11 A. The pain in my leg is a constant one, and I don't perceive it

12 solely as something caused by shrapnel, because I can't locate the exact

13 source. It is always there but one gets used to it. You feel it, but you

14 are no longer hindered by it, although on occasion you are sharply

15 reminded of it because it increases in intensity and then it starts

16 obstructing your activities.

17 JUDGE MOLOTO: Are you able -- can you tell us what you work --

18 you told us that you work as a customs broker or certified customs

19 representative. What do you do in your work?

20 A. I prepare documentation concerning the goods that need to be taxed

21 by the customs. I usually work as an administrator. I prepare the

22 documentation needed for import or export of goods in and out of the

23 country, including the shipping, the forwarding, and I submit those papers

24 to the customs office, as well as I follow the goods through from point A

25 to point B, from the person selling to the person buying and the other way

1 around.

2 JUDGE MOLOTO: As a result of the injuries that you sustained, are

3 you -- let me put it differently. Are you able to do your work now after

4 your injuries as you were able to do it before the injuries?

5 A. Not any longer, because it included a lot of work being done in

6 the field, whereas now I work mainly in the office and I go to only one

7 customs office. Before that, I could perform my duties in a better way,

8 could move about physically much more. Unfortunately I can no longer do

9 that any more. Therefore I spend most of the time in my office, and in

10 the customs office that is nearby. To make this clearer perhaps, there

11 are in total eight customs offices in Zagreb, five principal ones and

12 three branch offices in various locations but I only go to that one.

13 JUDGE MOLOTO: I know you've told us that you are not able to

14 write for any length of time. You've told us that you're not able to play

15 the piano. Are you able to type on the computer?

16 A. In principle, yes, because what I need to do in the course of my

17 work is fill out forms, and I have to do that in handwriting, so I have to

18 do that more than typing on a computer itself. Therefore, the typing is

19 not that much of a problem.

20 JUDGE MOLOTO: Thank you very much, Ms. Zunac. I don't have any

21 further questions for you.

22 Mr. Whiting?

23 MR. WHITING: No, Your Honour, no further questions, thank you.

24 JUDGE MOLOTO: Mr. Milovancevic?

25 MR. MILOVANCEVIC: [Interpretation] No questions, Your Honour.

1 JUDGE MOLOTO: Ms. Zunac, thank you so much for coming. This

2 brings us to the end of your testimony in court. On behalf of the

3 Tribunal and the Chamber, I would like to say thank you to you for

4 availing yourself to come and testify and let us know what happened to

5 you. As I say we have come to the end of your testimony. You are excused

6 from further attending court and you may stand down. Once again, thank

7 you very much.

8 THE WITNESS: [Interpretation] Thank you.

9 [The witness withdrew]

10 JUDGE MOLOTO: I suppose I don't have to say Mr. Whiting?

11 MR. WHITING: You do, Your Honour, I'm afraid. There are a few

12 small housekeeping matters that we need to take care of before we rest our

13 case.

14 JUDGE MOLOTO: Okay.

15 MR. WHITING: The first is that at long last, we have a clean,

16 nice version of the agreed facts that we need to admit into evidence as an

17 exhibit as requested by the Trial Chamber. So if I could hand this up,

18 and I have a copy for the Defence which, of course, they already have it

19 but if I could just provide it to the court so that it could be made an

20 exhibit.

21 JUDGE MOLOTO: Thank you very much.

22 JUDGE MOLOTO: Has this been filed?

23 MR. WHITING: I'm filing it now, Your Honour, if it could be given

24 a number now.

25 JUDGE MOLOTO: Okay do you want this to be given to the Registry?

1 MR. WHITING: Yes. I have extra copies for Your Honours if

2 that --

3 JUDGE MOLOTO: Okay.

4 THE REGISTRAR: Your Honours that will be --

5 JUDGE MOLOTO: Just before you do that I'm sorry, I beg your

6 pardon, I've got to find out from Mr. Milovancevic if he confirms the

7 agreed facts.

8 Mr. Milovancevic?

9 MR. MILOVANCEVIC: [Interpretation] Your Honour, we've agreed with

10 the OTP on the facts. Since I have been given this document at the same

11 time you are, I believe it to be containing the facts that we have agreed

12 on but therefore, yes, I can confirm that we agree with it.

13 JUDGE MOLOTO: Thank you, Mr. Milovancevic.

14 May -- I beg your pardon. The document headed agreed facts is

15 admitted into evidence. May it please be given an exhibit number.

16 THE REGISTRAR: Yes, Your Honours. That will be Exhibit number

17 820.

18 JUDGE MOLOTO: Thank you very much.

19 Mr. Whiting?

20 MR. WHITING: Thank you, Your Honour. Just so there is no

21 confusion I've been dealing with Mr. Sekulic on the Defence team on this,

22 and we've been going back and forth and he confirmed this morning by

23 e-mail that this was what the Defence would agree to, just not to leave

24 the impression that I dropped this on the Defence this morning because

25 it's actually been going back and forth for some weeks now.

1 Just a few other small matters that needs to be dealt with. We of

2 course the Prosecution decided to drop Witness Slobodan Lazarevic and at

3 the time we did, we agreed that his testimony -- his written evidence and

4 his exhibits would drop out of the case. We never formally said which

5 exhibits those were. I think it would be good to clear that, make that

6 clear on the record.

7 Exhibits 429 through Exhibit 544 [sic] should drop out. They

8 should be taken out, removed from the record. And I think that's

9 something that the registrar can do outside of court but I think it's

10 important that it be on the record that those exhibits no longer are part

11 of the record.

12 JUDGE MOLOTO: May Exhibits 429 through 544 please be dropped out

13 of the exhibit list.

14 MR. WHITING: Your Honour I'm sorry before that happens there is

15 a -- was an error on the transcript or else I misspoke. It's actually 429

16 to 455.

17 JUDGE MOLOTO: Okay 429 to 455. Those exhibits must be dropped

18 out and that can be done out of court?

19 THE REGISTRAR: Yes, Your Honour.

20 JUDGE MOLOTO: Thank you very much.

21 MR. WHITING: The third matter, Your Honour, is that as I

22 understand it, everything is being done with respect to Exhibits 24, 476

23 and 238. Those are the three books where each party -- each side made

24 selections and I think those are still in the process of being -- the

25 selections are being put into e-court and given assigned numbers. But I

1 don't think there is -- I just wanted to note on the record that that

2 process is still being done and it will be completed, I think, in the next

3 few days.

4 Secondly, the Trial Chamber at one point inquired about Exhibits

5 258 and 380, which it quite correctly observed were the same exhibit. I

6 think what's been done with that is that the exhibit will be now known as

7 258 and exhibit 380 will be eliminated as a duplicate. So that will drop

8 out and that evidence will be -- that exhibit will just be 258.

9 There was also a problem with respect to Exhibits 396 and 397.

10 The 92 bis statement of a witness, MM-044, had been divided up into two

11 parts. The way that's been resolved is that it's being re-uploaded, the

12 exhibit's been re-uploaded and will be exhibit 396 and so exhibit 397 will

13 become free and will no longer be a number, no longer be an exhibit.

14 JUDGE MOLOTO: Thank you very much. Yes, the Chamber is aware of

15 that and I believe that Registry is also going on, both -- on both issues,

16 that is exhibits 24 to 38 and 476. It's working on that and the Chamber

17 is also is aware the Registry is presumed working on exhibits 258 to 380,

18 396 through to 397.

19 MR. WHITING: There is just one more. The 92 bis packages of

20 witnesses MM-032 and MM-024 which the Court just admitted into evidence by

21 its decision a few days ago, those are also being uploaded into e-court

22 and will be assigned exhibit numbers by the registrar, but of course that

23 will occur in the next few days. But that is being tended to as well.

24 JUDGE MOLOTO: Thank you very much.

25 MR. WHITING: Your Honour, if those are all the housekeeping

1 matters, if I could just -- before I close I just want to make -- I just

2 want to note one thing and that is that at the beginning of the case, the

3 Prosecution predicted that its case would take 298 hours to try, which

4 amounts to approximately 80 days. We've brought it in under 260 hours, 69

5 days of testimony. I just wanted to note that before we close.

6 With that, the Prosecution rests its case against the accused

7 Milan Martic.

8 JUDGE MOLOTO: Thank you very much, Mr. Whiting. If I may take a

9 moment to also raise a housekeeping matter, on the 14th of June 2006, the

10 Prosecution filed a response to Milutinovic's motion for access to certain

11 confidential filings in this case. And in its response the Prosecution

12 also assented to the applicant's access to certain portions of the

13 requested filings. What the Chamber would like to know is whether in the

14 Prosecution's view, those portions that are being required include any

15 information which requires consent by the provider of the information

16 under Rule 70(B) because if that be the case, then the provider of that

17 information must first consent before -- do we need private session for

18 this?

19 MR. WHITING: I was thinking about that. But I think so far, no,

20 it's sufficiently vague so that I don't think that's necessary.

21 The answer -- I appreciate the inquiry, Your Honour. The answer

22 is no, consent is not required.

23 JUDGE MOLOTO: No 70(B) consent is required?

24 MR. WHITING: No.

25 JUDGE MOLOTO: You're absolutely sure of that?

1 MR. WHITING: Yes.

2 JUDGE MOLOTO: The next question would then be: Does the

3 Prosecution consent to the could accused of Milutinovic also accessing

4 those portions? Because they are going to be public information in that

5 court to the extent that those co-accused may be called public.

6 MR. WHITING: Yes, we would consent to that with the understanding

7 and I think what Your Honour just said, that that is that it would be

8 confidential in that court. That is, that it would just go to the

9 co-accused but that it would remain confidential and would not become

10 public in that proceeding.

11 JUDGE MOLOTO: Has the Prosecution made that a condition of their

12 consent?

13 MR. WHITING: Well, all the filings have been confidential so I

14 thought it was implicit in this process that it would be -- that it would

15 remain confidential in that proceeding. But if it's not clear, yes, we

16 would make that a condition that this be done confidentially, that the

17 parties in that proceeding can have it, but that it not be made public.

18 JUDGE MOLOTO: Thank you. If I remember well, Mr. Milovancevic,

19 the Defence had indicated that the Defence is not opposed to availing this

20 information.

21 MR. MILOVANCEVIC: [Interpretation] That is correct, Your Honour.

22 JUDGE MOLOTO: Thank you very much, Mr. Milovancevic.

23 In that event, then the decision will be made accordingly.

24 MR. WHITING: Your Honour, I'm sorry I just remembered that there

25 was one other housekeeping matter that was left over from yesterday. And

1 that is the evidence of MM-080. Your Honours had proposed unredacting

2 certain portions. The Prosecution has agreed and as I understood from

3 the transcript yesterday, the Defence wanted to check it one more time

4 before they took a position.

5 JUDGE MOLOTO: Thank you for that, Mr. Whiting.

6 Mr. Milovancevic yesterday you asked for time to check whether

7 what your position would be with regard to witness MM-080; correctly put,

8 MM-080's testimony that needs to be unredacted.

9 MR. MILOVANCEVIC: [Interpretation] Your Honour, we sought no

10 protective measures and we agree with the position of the Chamber that the

11 measures in this case be removed or to be more specific to have this text

12 made public.

13 JUDGE MOLOTO: Thank you very much.

14 [Trial Chamber confers]

15 JUDGE MOLOTO: Thank you very much. An oral order will then be

16 plead with respect to that evidence of MM-080 in due course. Any other

17 outstanding matters, Mr. Whiting?

18 MR. WHITING: No, Your Honour. I'm wondering if anybody knows

19 when we are sitting next Monday? I don't think we appear on the calendar,

20 just out of --

21 JUDGE MOLOTO: Next Monday?

22 MR. WHITING: Whether we are in the morning or afternoon, for the

23 98 bis submissions.

24 JUDGE MOLOTO: Next Monday is the 26th. According to my diary we

25 are supposed to be sitting in this Court at quarter past 2.00.

1 Let me just double-check.

2 Well, the schedule that is dated the 12th of June doesn't have us

3 sitting on that day, which is surprising.

4 [Trial Chamber and registrar confer]

5 JUDGE MOLOTO: The Registry has just kindly offered that they will

6 check this and let us know, because according to this latest schedule, we

7 are not supposed to be sitting on that day but earlier we were supposed to

8 be sitting, as I said, at quarter past 2.00.

9 So we will probably adjourn to Monday, the 26th, without a court

10 and time. We'll hear, okay? Is that okay?

11 In that event, then the Court adjourns.

12 --- Whereupon the hearing adjourned at 10.25 a.m.,

13 to be reconvened on Monday, the 26th day of June,

14 2006.

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