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Podujevo 1999 – Beyond Reasonable Doubtber 2003, who said that after the shooting in the yard, he saw witnessesDragan Medić, Borojević, Demirović, and defendant Cvjetan coming outof the yard. They were all, except Demirović, changing the clips of their rifleswhile walking.However, as it was already said, the court failed to evaluate the statementsgiven by, first of all, Dragan Medić and Borojević, who denied, as it is visiblefrom the documents, their involvement in this event. Because of this,their statements are contradictory to the defence presented by the defendantand accepted by the court, as well as to the witness Goran Stoparić’sstatement. When there are contradictory statements and the defendant’sstatement is considered evidence, in line with Article 327 of the CriminalProcedure Code, especially when the defendant’s defence accepted by thecourt is inconsistent with the aforementioned witnesses’ statements, thenit is necessary to have the substantial analysis of each individual piece ofevidence, then reciprocal analysis, and finally the analysis in regard of otherevidence adduced, which was missing in this particular case and by thisthe first instance court committed a grave violation of the criminal procedurepursuant to Article 368 Paragraph 1 Item 11.In relation to the aforesaid, not only that the first instance court failed toconduct the overall evaluation of individual pieces of evidence, but it alsofailed to conduct the substantial evaluation of individual pieces of evidence,again when we had contradictory evidence. In view of this, thecourt’s allegations in paragraph 3 on page 24 of the verdict are vague.“When the weapons were issued, the serial numbers of rifles were notregistered anywhere, and when the weapons were being returned, theywere not identified...” This court’s allegation is contradictory to witnessRadoslav’Olujićs statement, who gave the following statement in the previoustrial on 11 February 2002 (page 55 of the case file): “After the weaponswere cleaned, we issued our soldiers with weapons the same eveningaccording to the numbers we had. The following morning we received anorder to go to Kosovo”.Željko ukić claimed the same. He said on the record on 28 March 2000,“I think we were also issued with weapons according to the numbers, but Icannot recall whether we signed for it right away or Sro made the record...When we were returning the weapons, we had the same procedure. Sro215