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Podujevo 1999 – Beyond Reasonable Doubtthe same date; the findings and the opinion of expert witnesses, psychologistStanko Ivandić and Dušanka Garić; the official note of the Secretariat ofthe Interior of Kuršumlija, dated 25 November 2002; ballistic testimony ofexpert witness Milivoje Vučković, employed by the Institute of Security dated12 May 2003; the minutes of the lineup identification dated 8 July 2003;inspection of the sketch attached to the minutes of the hearing of the plaintiffsdated 9 July 2003; the findings and the opinion of the commission ofexpert witnesses, neuropsychiatric expert and clinical psychologist dated 4February 2004 and the report from the police record of the defendant; theletter of the United Nations International Criminal Court dated 16 July 2003with the reports on the autopsy performed by the prosecution.In view of the fact that first instance verdict K. broj 792/02 dated 17 March2004 had been repealed with the decision of the Supreme Court of the Republicof Serbia KŽ. number 687/04 dated 22 December 2004, the criminalproceedings have been repeated.Following the remarks from the decision of the Supreme Court on the basisof which the earlier verdict has been repealed, the court, at the main trial,heard witnesses Miroslav Nikolić, Mijat Bajović, Aleksandar orević, RadicaMarinković and the witness Živorad Šubaranović, procured the recordfrom the Ministry of the Interior of the Republic of Serbia dated 17 May1999 about the issuance of rifles to the members of the Scorpions unit anda photocopy of the record of visits to arrested persons from 20 May to 28May 1999 in the District Prison in Prokuplje, and a photocopy of the page ofthe duty roster of the Prokuplje prison security detail for 24 May 1999 andhad all those written documents read at the main trial.After a comprehensive analysis of the evidence presented at the trial andtaking into account the defence of the accused the court has arrived to thefacts presented in the wording of the verdict.The events which are the subject matter of the indictment took place on 28March 1999 on the territory of Podujevo. The facts concerning the existenceof the armed conflict and the state of war as well as the status of the Scorpionsunit have been determined on the basis of the letter of the Ministryof the Interior of the Republic of Serbia. Thus the fact that there existed anarmed conflict on the territory of Podujevo has been determined on the ba-291