Case No IT-95-14
1 Wednesday, 23rd July 1997
2 (10.00 am)
3 (In open session)
4 JUDGE JORDA: Registrar, would you please have the accused
5 brought in?
6 (Accused enters court)
7 JUDGE JORDA: (No translation). Is everything all right?
8 Can you hear me?
9 GENERAL BLASKIC: Good morning, your Honours. I hear you
11 JUDGE JORDA: I would like to repeat just for our schedule
12 that tomorrow, Thursday, there will not be a hearing
13 because the room is going to be occupied and also there
14 is a plenary session of the judges in the afternoon.
15 As regards Friday, we will sit on Friday morning, partly
16 for the same reasons. I would also like to say,
17 because it is now official, that as the weeks come there
18 should be fewer complications in the courtroom, since a
19 new courtroom -- I am looking to be sure I am saying the
20 right thing at the Registrar -- a new courtroom will be
21 built quickly and perhaps there might even be a third
22 one. Therefore we are experiencing some delay right
23 now. My colleagues and I want to encourage you to get
24 to the essentials every time there is an examination and
25 a cross-examination, but we might then be able to catch
1 up -- make up for the delays. So does everybody
2 understand that now? Yes.
3 Therefore, we can resume our work now. I give
4 the floor to the Prosecution, that is Mr. Harmon.
5 MR. HARMON: Good morning, Mr. President, your Honours,
6 counsel. Your Honour, I would like to call Mr. Simon
7 Leach back to the stand.
8 JUDGE JORDA: Registrar, would you have the usher bring in
9 Mr. Simon Leach, please?
10 (Witness enters court)
11 Mr. Simon Leach (continued)
12 Examined by Mr. Harmon.
13 JUDGE JORDA: Mr. Simon Leach, please be seated. You are
14 under oath already and therefore we do not have to ask
15 you to take the oath again. Where were we, Mr. Harmon,
16 in the questioning of Mr. Simon Leach? We were
17 interrupted for organisational matters. Could you
18 recall where we are before we continue?
19 MR. HARMON: Mr. President, we were -- Mr. Leach was
20 testifying about Vitez. At the conclusion of his
21 testimony I moved to introduce two exhibits. There
22 were objections to the introduction of those two
23 exhibits and I informed the court that I would return to
24 those exhibits when I started, and I intend to do so at
25 this time. So if we could have, your Honour, exhibits
1 30, 30A and 30B, then I can start with that exhibit and
2 Mr. Leach can testify about it.
3 JUDGE JORDA: Excuse me for a moment and after that
4 I promise I won't interrupt you any further. About how
5 long do you think you are going to need to complete your
6 examination? Then I will ask Mr. Hayman and Mr. Nobilo
7 how long they are planning for so that we can organise
8 the work properly.
9 MR. HARMON: Your Honour, I intend to finish with Mr. Leach
10 today. It is difficult, depending on the number of
11 potential objections, if any. I would anticipate
12 I would finish with Mr. Leach by late afternoon.
13 JUDGE JORDA: Mr. Hayman, Mr. Nobilo?
14 MR. HAYMAN: Not knowing what testimony is to come today,
15 your Honour, it's difficult. Based on the testimony
16 that Mr. Leach has given so far, I would estimate under
17 an hour of cross, if that; perhaps under half an hour,
18 but again I do not know what's to come.
19 JUDGE JORDA: Yes, of course but I understand that I'm
20 going to ask for each of the witnesses not so that you
21 are prevented from saying what you want to say, but in
22 order for us to maintain a strict schedule.
23 I understand that one cannot say exactly how long it's
24 going to take, but we can assume that the testimony of
25 Mr. Leach will be concluded by Friday morning. Today
1 will be devoted to the questioning by Mr. Harmon and then
2 on Friday morning you think perhaps you will be finished
3 perhaps even before the morning break. Of course we
4 will operate in respect of what the witness says.
5 I give you the floor, Mr. Harmon.
6 MR. HARMON: Thank you very much. If we could have
7 Exhibits 30, 30A and 30B returned to the easel, then
8 I'll start my examination of Mr. Leach. All right,
9 Mr. Leach. Could you just refresh my recollection and
10 the court's recollection of what that exhibit is and
11 what it represents?
12 A. Yes. This is a map produced by Shell Multi Company.
13 It's a 1:250,000 map of the Netherlands. On it there
14 are two overlays. The first one to the bottom
15 left-hand corner is the three municipalities of Vitez,
16 Busovaca and Kiseljak, which are inverted. The larger
17 overlay at the top right-hand corner is the Central
18 Bosnia operative zone. In orange are highlighted the
19 municipalities again of Vitez, Busovaca and Kiseljak and
20 then to the top left-hand area you will see an area
21 that's shaded by a series of lines. That was the
22 municipality of Jajce, which fell to the Bosnian Serb
23 army around November of 1992 and thereafter fell outside
24 the operative command area of General Blaskic at that
1 Q. Mr. Leach, there was a question when we left this exhibit
2 last time, as to whether the scale of the map of the
3 Netherlands was the same as the scale of the overlays?
4 A. Yes, your Honours. What has been done is that the
5 opstina boundaries came from a map which was 1:500,000,
6 i.e. twice as small as the shell map. That overlay has
7 been created by increasing the size of the opstina
8 boundary material on a photocopying machine by copying
9 it at 200 per cent. Therefore, the scale for the
10 overlays matches the scale for the map.
11 Q. Then, your Honour, I would move to introduce Exhibit 30A
12 and 30B.
13 JUDGE JORDA: Weren't these already put into the record?
14 THE REGISTRAR: Well, they were presented but not yet
15 admitted by the Trial Chamber, because the Defence had
16 expressed an objection.
17 JUDGE JORDA: Mr. Hayman, you had expressed your
18 objection. Do you continue to object or what?
19 MR. HAYMAN: I would intend to question the witness about
20 the photocopy enlargement, because I never trust those
21 150 per cent and 200 per cent items, but I think the
22 court can admit them and I can go into that on cross,
23 your Honour.
24 JUDGE JORDA: Let me remind you that in general in this
25 Trial Chamber the three judges have agreed that almost
1 all exhibits will be put into the record and each of the
2 parties will argue as to the credibility of those
3 exhibits. However, of course, there could be
4 exceptions, which is why I asked the question. So
5 theoretically in any case we will accept these maps as
6 exhibits. Under what numbers?
7 THE REGISTRAR: It will be 30, 30A for the overlap and 30B
8 for the little map which the witness is holding.
9 JUDGE JORDA: Thank you. Would you go on, please?
10 MR. HARMON: Yes, your Honour. Now, your Honour, I'll turn
11 to exhibits 29, 29A, 29B and 29C. There was an
12 objection to those exhibits being entered into
13 evidence. If I could have 29A, 29B and 29C placed on
14 the easel, then I could proceed. Mr. President, the
15 objection that had been raised to this particular
16 exhibit was the village of Sivrino Selo was marked in
17 orange. It was available for counsel to inspect. It
18 has been changed. I am informed it has been changed by
19 the Registrar's office. If counsel is satisfied with
20 the changes, then I would seek to introduce this
21 particular exhibit.
22 MR. HAYMAN: May we look at it, your Honour?
23 JUDGE JORDA: Yes, of course. (Pause.)
24 MR. HAYMAN: It looks fine, your Honour. Thank you.
25 JUDGE JORDA: Therefore we'll accept this into the
1 record. Fine. It will be under what number,
3 THE REGISTRAR: This is 29, 29A for the first overlay with
4 the concentric circles, 29B for the second and 29C for
5 the little map, which was also changed, and which is on
6 the witness bench.
7 MR. HARMON: Thank you, Mr. President. Mr. Leach, I would
8 ask you to keep the small maps with the concentric
9 circles -- I think it is 29C and D -- with you at your
10 witness stand, because I'm going to be asking you a
11 number of questions about those.
12 Returning to the large exhibit, Mr. Leach could you
13 refresh the court's recollection as to what the centre
14 point of each of those two sets of concentric circles
16 A. I will have to realign them. Just one moment,
17 please. (Pause.)
18 Q. Can you answer my question, Mr. Leach?
19 A. Yes. The concentric circles, the exhibit to the top
20 left-hand corner of the main map is centred on the Hotel
21 Vitez. The second overlay with concentric circles is
22 centred on the barracks at Kiseljak.
23 Q. What is the significance of each of those locations?
24 A. They are both -- the Hotel Vitez in Vitez was the main
25 command of General Blaskic and there was also a command
1 at Kiseljak.
2 Q. Now referring to the large map, Mr. Leach, after the HVO
3 launched attacks in that area on 16th April, did the
4 Armija, the army of the Muslims, cut the road between
5 those two areas represented by the concentric circles?
6 A. Yes, they did, your Honours. There was Armija control
7 of areas from an area known as Kacuni down the Kiseljak
8 road past the area called Bilalovac. I'll indicate that
9 on the road now. That area there is Kacuni (indicating)
10 and in this region here is the area which -- this region
11 here was in the control of the Armija.
12 Q. Now, Mr. Leach, I would like to return --
13 MR. HAYMAN: Your Honour, I apologise for interrupting.
14 I had understood this witness' testimony was in the
15 nature of a percipient witness, not an expert. Could
16 I enquire was I wrong? Is this witness being offered as
17 an expert in that he is testifying clearly to matters
18 either of a summary nature or certainly far outside his
19 own personal knowledge. If he is being tendered as an
20 expert, that will affect our preparation for
22 MR. HARMON: Your Honour, he is not being tendered as an
23 expert. He is indicating particular locations on
24 physical exhibits on maps. We could have marked the
25 map with that particular location. He could have
1 testified about that.
2 MR. HAYMAN: I have no difficulty with him identifying any
3 number of locations. It is simply when he adds other
4 commentary about events that happened in 1992 or 1993
5 that are not based on his personal knowledge. Then
6 that will require me on cross to perhaps go into matters
7 at greater length than were necessary than if he would
8 limit his answers to the type that counsel is
9 describing. That's all, your Honour.
10 JUDGE JORDA: In general, Mr. Hayman, we cannot interrupt a
11 witness. If a prosecution witness answers in such a
12 way that when you ask questions in cross-examination,
13 that's one thing, but he has not really yet begun to ask
14 questions of the Prosecutor. You are already thinking
15 ahead about what will be your handicap during
16 cross-examination. I think this is not something which
17 would help move the proceedings along. I do not
18 sustain your objection and I ask the Prosecutor to
19 continue asking his questions. You will make decisions
20 as to your own strategy as you feel necessary, and if
21 you need some more time, the Trial Chamber will give
22 that time to you. Therefore, please, let us allow the
23 examination by the Prosecutor to continue. Mr. Harmon,
24 please go on.
25 MR. HARMON: Thank you, your Honour. Your Honours, when
1 Mr. Leach also concluded his testimony the last time, he
2 had introduced Exhibit 32, which was a map of the Vitez
3 town plan, and Exhibit 33, which was a photo album
4 containing 11 photos of Vitez. Could I have
5 Exhibit 32, please, shown to Mr. Leach again? Mr. Leach,
6 just to return briefly to this exhibit, what does that
7 exhibit represent?
8 A. That's a town plan of the town of Vitez, in Vitez
10 Q. Does that map illustrate all of the buildings that are
11 located in Vitez itself?
12 A. No, it does not.
13 Q. All right. Now, your Honour, I would now offer as my
14 next exhibit a large -- a series of large photographs.
15 I would like to have the usher present these photographs
16 to the Registrar?
17 JUDGE JORDA: This is the photo album?
18 MR. HARMON: No, your Honour. This is an entirely new
20 JUDGE JORDA: Thank you.
21 MR. HARMON: There is in the course of -- your Honour, there
22 are five copies of this exhibit. There is one
23 photograph original for the exhibit itself, one original
24 photograph for your Honours and two photocopies, and a
25 photocopy for defence counsel.
1 JUDGE JORDA: Let's go on, please, Mr. Harmon.
2 MR. HARMON: Mr. Leach, can you identify that exhibit,
4 A. That's an aerial photograph of the main area and town of
5 Vitez and Stari Vitez.
6 Q. What is the source of that photograph?
7 A. The photograph was provided to the Office of the
8 Prosecutor by the British Ministry of Defence in 1995.
9 Q. Was that pursuant to Rule 70?
10 A. Yes, it was.
11 Q. What was the date that the photograph was taken?
12 A. That was taken on or about 9th November 1994.
13 Q. You've been to Vitez a number of occasions; that is
14 correct, in Leach?
15 A. Yes, I was.
16 Q. On how many occasions approximately have you been to
18 A. Ten, fifteen, maybe more.
19 Q. You had had an opportunity to examine this particular
20 exhibit before you came into court?
21 A. Yes, I have.
22 Q. Does that photograph accurately show the town of Vitez
23 and the structures that are identified on it?
24 A. As regards 9th November 1994, I would say that is
25 probably an accurate portrayal. Since that photograph
1 was taken there has obviously been some reconstruction
2 of damaged property and new property has been
3 constructed in certain areas.
4 Q. Before you get into a description of that, Mr. Leach,
5 your Honour, I would move to introduce this photograph
6 into evidence?
7 JUDGE JORDA: Mr. Hayman, do you have any objections? All
8 right. It will be placed into the record.
9 THE REGISTRAR: As 45.
10 JUDGE JORDA: Thank you.
11 MR. HARMON: Now, Mr. Leach, would you begin describing the
12 various buildings? There is a legend on the upper
13 left-hand corner of that. Would you just take us
14 through the legend?
15 A. Number A -- sorry, letter A on the legend is the Hotel
16 Vitez itself (indicating). The A is actually situated
17 where I would say the main entrance to the hotel is from
18 the road.
19 Letter B is the -- what I would call the Cinema
20 complex, which is just to the right of the letter B and
21 is almost a T-shaped building. Those two buildings are
22 joined (indicating).
23 Q. Was that a military headquarters?
24 A. Yes, part of that building was the headquarters of the
25 military commander at the time, Mario Cerkez.
1 Letter C is the PTT building, which is the
2 telecommunications building for national telephone lines
3 and international telephone calls.
4 Letter D is the situation of the Chess Club in
5 Vitez. That location will become more apparent to your
6 Honours during the testimony of other witnesses
8 Letter E --
9 JUDGE RIAD: Where is D exactly? Where it D?
10 A. D. (Indicating).
11 JUDGE JORDA: Yes, all right.
12 A. Letter E is an indication of the approximate location of
13 the confrontation line, the front line, which developed
14 after the morning attacks on the 16th April
16 Letter F is the location of the mosque in Stari
17 Vitez (indicating).
18 Letter G is the location of a large grave site,
19 where Muslim civilians were buried after their bodies
20 were collected after the attacks on 16th April
22 Letter H is the approximate location where a truck
23 filled with explosives exploded in the Main Street into
24 Stari Vitez on 19th April 1993 (indicating).
25 Q. Do you mean letter I?
1 A. My apologies. Yes, letter I. (Indicating).
2 Going back to letter H, that's the location of a
3 Bosnian army headquarters in Stari Vitez (indicating).
4 Q. All right. Thank you very much. Your Honours,
5 I would like to move to my next exhibit. Mr. Leach, can
6 you identify this exhibit, please, and explain to the
7 court what it is?
8 A. The front page of the exhibit, your Honours, it a
9 photocopy of this document here. This is a book
10 produced in Zagreb, Croatia, which details the ethnic
11 composition and census figures for The Republic of
12 Bosnia-Herzegovina in 1991. The second page is a
13 breakdown of relevant figures for the three
14 municipalities of Busovaca, Vitez and Kiseljak. The
15 remaining pages, which are in A3 size, are the copies
16 for those municipalities photocopied from the book
17 I have in front of me.
18 Q. Your Honour, I would move to introduce Exhibit 46 into
19 evidence. Your Honour, now I would like to move to the
20 Ahmici phase of the evidence. We concluded in large
21 part with that on the last occasion. I would now like
22 to return to that.
23 Mr. Leach, referring to Exhibit 46, can you tell me
24 what the 1991 census figures were in respect of the
25 village of Ahmici?
1 A. The figures for Ahmici were a total number of 466. The
2 Bosnian Muslims were 356. Bosnian Croats were 87.
3 Yugoslavs were 2. Mixed origins were 21.
4 Q. All right. Now do the figures of 1991 -- were they the
5 same, to your knowledge, as the number of Muslims living
6 in Ahmici in 1993?
7 A. No. My understanding is that there were a number of
8 refugees using houses in Ahmici in 1993.
9 Q. To your knowledge are there any Muslims living in Ahmici
11 A. No.
12 Q. Now what is the distance again from the Hotel Vitez to
14 A. That's 4.8 kms by road.
15 Q. And how much time does that take to get to by car from
16 the Hotel Vitez to Ahmici itself?
17 A. Under normal driving conditions on a normal road,
18 driving at safe, normal speed, about seven minutes.
19 Q. Your Honour, if the usher could present the next
20 exhibit. Mr. Leach, can you identify that exhibit,
22 A. This is a selection of photographs that were taken in
23 May 1996. I was present when the photographs were
24 taken. They were taken by two officers from the Dutch
25 national police. They are a selection of photographs
1 from the village of Ahmici.
2 Q. Do those photographs accurately represent the conditions
3 of the buildings on 26th May 1996?
4 A. Yes, they do.
5 Q. Do the photographs contained in that particular exhibit
6 represent photographs of all of the buildings that were
7 destroyed in Ahmici?
8 A. No, they do not. This is a selection of photographs.
9 Q. I would move to introduce Exhibit 47, your Honour.
10 JUDGE JORDA: Thank you. Then the whole booklet is number
12 MR. HARMON: That's correct, your Honour.
13 JUDGE JORDA: Because there is a little label on the bottom
14 that says 47. That's the whole thing.
15 MR. HARMON: For clarification there are numbers marked on
16 each of the photographs. In the course of Mr. Leach's
17 evidence he is going to refer to certain number of those
18 that are marked. Why don't we do that? Mr. Leach,
19 would you please refer to P47? Could you place that on
20 the ELMO? I'm not sure the ELMO is on. There it is.
21 All right. Can you explain what that photograph is,
22 Mr. Leach?
23 A. That is a photograph of the lower mosque in Ahmici.
24 One can see the minaret, which is tilted and has been
25 blown up from the main part of the building.
1 Q. Where does that main mosque sit in relation to the road
2 that goes from Vitez to Busovaca?
3 A. It's approximately 150-200 metres from the main road.
4 One can quite clearly see it from the main road.
5 Q. All right. Mr. Leach, could you now turn to photograph
6 P114 and place that on the ELMO and explain what it is?
7 A. That is a much closer picture of the lower mosque in
8 Ahmici, taken from just a few feet, 10, 15 feet.
9 There's a road that passes the mosque. Again you can
10 see the structure of the minaret in the centre picture
11 just to the right.
12 Q. All right. Mr. Leach, will you turn to PH77? Would you
13 explain what that photograph represents?
14 A. Again this is another photograph taken from very close
15 by the building, 10, 15 feet away. This is the upper
16 mosque in Ahmici. This mosque did not have a minaret
17 attached to it.
18 Q. How many mosques were there in Ahmici?
19 A. Two.
20 Q. Okay. Could you now turn to Exhibit PH78 and place
21 that on the ELMO? Again what is that, Mr. Leach?
22 A. Taken from the road next to it that runs past it, that's
23 again the upper mosque in Ahmici taken from another side
25 Q. Also turn to PH79 now and place that on the ELMO.
1 Could you explain what that photograph represents,
2 Mr. Leach?
3 A. That is again the upper mosque in Ahmici photographed
4 from the south side, I would say. The first photograph
5 was from the north, the next photograph was from
6 adjacent to the mosque. We have now moved further down
7 the road and are looking back up towards the mosque.
8 Q. All right. Could you next turn to photograph PH109?
9 What does that photograph represent, Mr. Leach?
10 A. That is a photograph of the school in Ahmici.
11 Q. Where was that school in relation to the main road?
12 A. Again that's approximately 200 metres from the main
13 road. If you are driving to Ahmici, it's to the left
14 of the road that goes into Ahmici, very close to the
15 lower mosque.
16 Q. All right. Mr. Leach, now the other photographs that
17 are contained in Prosecutor's Exhibit 47 show a number
18 of damaged or destroyed houses; is that correct?
19 A. Yes, they do, your Honours.
20 Q. Okay. Then I would like to conclude with that
21 particular exhibit, Mr. Leach, and once it's reassembled,
22 we will proceed with your examination. Mr. Leach, one
23 final question in respect of that exhibit. I may not
24 have made myself perfectly clear in my question. The
25 damaged houses depicted in Prosecutor's Exhibit 47 are
1 houses that are damaged in the village of Ahmici; is
2 that correct?
3 A. That is correct, yes.
4 Q. Now, Mr. Leach, I would like to move into date order to
5 some, but not all, of the villages that were attacked in
6 the Lasva Valley on 16th April 1993. I would like to
7 start with the village of Santici. If you would be so
8 kind as to place map 29C, which is the map of Vitez with
9 concentric circles on the ELMO, the small map. All
10 right. I am going to ask you to point to something.
11 I am not sure I can do that with the current state of
12 the exhibit. All right. First of all, I would like
13 to turn to Santici. Mr. Leach, can you use your pointer
14 and show the court where Santici is located on that
15 particular exhibit?
16 A. (Indicating).
17 Q. All right. Thank you very much. Mr. Leach, could you
18 now refer to the census figures and inform the court
19 what the 1991 census were for the village of Santici?
20 A. The total population was 1008. Of that, 193 were
21 Bosnian Muslims; 4 were Bosnian Serbs; 782 Bosnian
22 Croats, 12 Yugoslav and 17 other origins.
23 Q. What was the distance from the Hotel Vitez to the
24 village of Santici?
25 A. Approximately 4.4 kms by road.
1 Q. And by car, travelling by car, how much time would it
2 take to get from the Hotel Vitez to Santici?
3 A. Again using the same conditions as I described earlier,
4 about six minutes.
5 Q. Is the village of Santici visible from the main road?
6 A. Yes.
7 Q. Once again, Mr. Leach, I am going to ask you to return to
8 Exhibit 29C and place that back on the ELMO. Actually
9 let me ask you one other question in respect of
10 Santici. When did the attack take place on Santici?
11 A. 16th April 1993.
12 Q. Now I would like to ask you, Mr. Leach, to point out to
13 the court on that exhibit the village of Nadioci.
14 Where, Mr. Leach, is Nadioci in respect to Vitez? How
15 far away is it?
16 A. Nadioci is approximately 6 kms from Vitez, from the
17 Hotel Vitez.
18 Q. You can finish with that particular exhibit, Mr. Leach.
19 How many minutes by car is it from the Hotel Vitez to
21 A. Under normal driving conditions, seven minutes
23 Q. What were the 1991 census figures in respect of that
25 A. The total population, 474. Bosnian Muslims, 42;
1 Bosnian Serbs, 27; Bosnian Croats, 386; Yugoslavs, 6;
2 other origins 13.
3 Q. Mr. Leach, I'm now going to in just a minute ask that
4 there be tape number 7 played for the court. Can you
5 explain to the court in advance what they'll be seeing
6 on video tape number 7?
7 A. Yes, your Honours. In the village of Nadioci a certain
8 number of houses were destroyed, which were adjacent --
9 between the road and adjacent to the River Lasva.
10 These are often referred to by eye witnesses as weekend
11 houses. They would normally be used by residents
12 throughout the area to have a break during the weekends
13 before the conflict took place and are therefore
14 referred to as weekend houses.
15 Q. Who resided in those weekend houses in April of 1993?
16 A. At that time refugees, Bosnian Muslim refugees from a
17 variety of locations in Central Bosnia.
18 Q. All right. Now if we could have the lights lowered,
19 please, and we could play tape number 7. Mr. Leach, if
20 you want to narrate as we go along in this, please feel
21 free to do so?
22 A. These pictures were taken with a hand held video camera,
23 again by assistants from the Dutch national police. At
24 the time of the year the vegetation, as you can see, was
25 quite extensive. We are travelling from the direction
1 of the Busovaca T-junction towards the village of Ahmici
2 and Santici, if we were to look at a map or at other
3 exhibits, and the villages are there seen from the road
4 -- sorry -- the houses are seen from the road and the
5 River Lasva is behind the houses.
6 Q. Your Honour, I would ask now to have the usher present
7 our next exhibit, and I would also ask that that tape,
8 which would be Exhibit 48, be introduced into
10 JUDGE JORDA: All right. That will be P48.
11 THE REGISTRAR: I think that this is Section 7 of the
12 cassette which is numbered 34 and it is 34/4, since the
13 other four were already admitted.
14 JUDGE JORDA: Is that all right, Mr. Harmon.
15 MR. HARMON: That's quite all right, your Honour.
16 JUDGE JORDA: Yes, all right.
17 MR. HARMON: Mr. Leach, could you please identify what this
18 exhibit is?
19 JUDGE JORDA: Is there a difficulty, Mr. Hayman?
20 MR. HAYMAN: It is just helpful to know what number has been
21 assigned to the exhibits before the testimony about it
22 commences your Honour. Perhaps we could have a
23 statement when an exhibit is given to the witness that
24 "the witness is being provided with Exhibit 47" or
25 whatever. That would be very helpful to me.
1 JUDGE JORDA: Yes, Mr. Harmon?
2 MR. HARMON: This should be Exhibit 48; is that correct?
3 THE REGISTRAR: Yes, that's right.
4 MR. HARMON: Then referring to Exhibit 48, Mr. Leach, can you
5 identify what this exhibit represents?
6 A. This represents a series of still photographs of the
7 houses -- a selection of the houses you've just seen
8 portrayed on the video clip.
9 Q. Were you present when those photographs were taken?
10 A. Yes, I was.
11 Q. What was the date of that, Mr. Leach?
12 A. They were taken on Sunday, 26th May 1996.
13 Q. Do these photographs accurately represent the damage and
14 destruction to the weekend houses in Nadioci on that
15 particular date?
16 A. Yes, they do.
17 Q. Your Honour, I would move to introduce Exhibit 48 into
18 evidence. Then, Mr. Leach, if you would be so kind as
19 to put on the ELMO exhibit photograph Z1/932. Would
20 you explain what that particular exhibit represents?
21 A. That is a representative sample of one of the houses,
22 one of the weekend houses, which was -- is damaged, as
23 portrayed in the photograph.
24 Q. Would you next place on the ELMO Z1/933? Mr. Leach, what
25 does that photograph represent?
1 A. That is another photograph of one of the Nadioci weekend
2 houses taken from the road. We didn't go down actually
3 any closer to that building.
4 Q. All right. Would you now turn to Z1/934? Mr. Leach,
5 please describe what that exhibit represents.
6 A. Again this is another photograph of one of the weekend
7 houses alongside the River Lasva and the main road
8 between Vitez and the Busovaca T-junction towards
10 Q. All right, Mr. Leach. Turn to Z1/961, please. Would
11 you explain what that particular photograph represents?
12 A. This is again another of the weekend houses between the
13 main road, the main highway and the River Lasva.
14 Q. Thank you. Would you turn to Z1/962, please? What
15 does that photograph represent?
16 A. That's another photograph taken from the main highway of
17 one of the weekend houses in Nadioci.
18 Q. Lastly, would you turn to Z1/964, please?
19 A. That is a close-up where we were able to get nearer to
20 the house of one of the weekend houses in Nadioci.
21 Q. Thank you very much, Mr. Leach. I'll give you just a
22 minute to reassemble that exhibit. Mr. Leach, I would
23 now like to turn to the village of Pirici. First of
24 all, can you inform the court when that attack took
25 place on the village of Pirici?
1 A. That was again on 16th April 1993.
2 Q. Would you again return to Exhibit 29C, place that on the
3 ELMO so you can direct the court to the location of
5 A. (Indicating).
6 Q. You are holding the pointer now on the village of
7 Pirici; is that right?
8 A. That is right, yes.
9 Q. Referring to the census figures in respect of Pirici,
10 Mr. Leach, what were those census figures?
11 A. The total population was 225. Bosnian Muslims at 110;
12 Bosnian Serbs, 3; Bosnian Croats, 98; Yugoslavs, 5; and
13 other origins, 9.
14 Q. How far was Pirici from the Hotel Vitez?
15 A. It is approximately 5 kms to Pirici and that would take
16 approximately eight minutes by car.
17 Q. Your Honour, I would now ask that another set of
18 photographs be marked as Prosecutor's Exhibit 49.
19 Mr. Leach, can you identify what's contained in
20 Prosecutor's Exhibit 49?
21 A. These are photographs again, your Honours, taken while I
22 was present by the Dutch National Police. These were
23 taken again on Sunday, 26th May 1996.
24 Q. Do they accurately represent damage that you observed on
25 that particular date in that village?
1 A. Yes, they do.
2 Q. Your Honour, I would move to introduce Prosecutor's
3 Exhibit 49. Now, Mr. Leach, I would like to turn to a
4 number of those photographs. I would like to start
5 with Z1/975 and ask you to place that on the ELMO,
6 please. Would you explain what is depicted in that
7 particular photograph?
8 A. Pirici is only a small hamlet rather than full village,
9 as it were. This is taken almost in the centre of the
10 main grouping of houses in Pirici. Pirici is on a hill
11 side, which overlooks the main Vitez to Zenica
12 highway. For example, it overlooks the village of
13 Santici. It overlooks the village of Ahmici. If you
14 are stood in Pirici, for example, you can see the lower
15 mosque in Ahmici quite clearly even today. The
16 photograph you have here in the far distance, you can
17 see the town of Vitez itself. You can see a grouping
18 of buildings, which is mainly red and white, in the
19 centre portion of the photograph (indicating). Then as
20 I take the pointer right, you can see what is a chimney
21 stack or a smoke stack. That is a chemical or
22 explosives factory which was situated just outside Vitez
23 in between the villages of Gacice and Veceriska. It is
24 a fairly good representative idea of what you can see
25 from Pirici down into Vitez town and to some extent vice
1 versa if you were stood in Vitez.
2 Q. All right, Mr. Leach. Thank you very much. Would you
3 now turn to Z1/976, please. Would you explain what
4 that depicts?
5 A. That's a photograph of one of the houses in the village
6 of Pirici itself.
7 Q. Would you turn to Z1/977, please?
8 A. Similarly that is another photograph taken on 26th May
9 of one of the houses in Pirici.
10 Q. All right. Would you turn to Z1/972, please?
11 A. This is another photograph of the house. The previous
12 one was, if you will, below the road. If you were going
13 to walk off the main road -- off the road in the
14 village, you would walk downhill. This photograph you
15 now see is on the other side of the road, as if you were
16 walking up the hill.
17 Q. All right, Mr. Leach. Turn to photograph Z1/978.
18 A. This is another photograph quite close-up of one of the
19 houses in Pirici.
20 Q. Okay. Mr. Leach, would you turn to Z1/981, please?
21 A. Again that's another one of the houses in Pirici.
22 Q. Lastly, would you turn to Z1/983, please?
23 A. Again that's a close-up view of one of the porches of
24 one of the houses in Pirici.
25 Q. All right. Thank you, Mr. Leach. Would you reassemble
1 that exhibit, please? Mr. President, while Mr. Leach is
2 reassembling that particular exhibit, does the court
3 intend to take a break at 11.15? If so, this would be
4 perhaps a good opportunity to break because I have a
5 series of exhibits that come in a logical order next?
6 JUDGE JORDA: The Tribunal is very pleased to respond
7 favourably to your request. We will take a break and
8 start again at 11.35.
9 (11.15 am)
10 (Short break)
11 (11.30 am)
12 JUDGE JORDA: The hearing can now resume. Please have the
13 accused brought in.
14 (Accused re-enters court)
15 JUDGE JORDA: Mr. Harmon?
16 MR. HARMON: Thank you, your Honour. I would like the
17 usher to take our next exhibit to Mr. Dubuisson,
18 please. Again, Mr. President, with this particular
19 exhibit there is a photograph for the exhibit, one
20 photograph for your Honours, two photocopies for your
21 Honours and one photocopy for the Defence.
22 Mr. Leach, I would like to refer you now to
23 Exhibit 50 and ask you to describe what that exhibit
25 A. This is another aerial photograph provided to us under
1 Rule 70 by the British Ministry of Defence in 1995.
2 Q. When was it taken, Mr. Leach?
3 A. This photograph was taken on or about 9th November 1994.
4 Q. Your Honour, I would move to introduce Exhibit 50,
6 MR. HAYMAN: Without waiving any objections we may have to
7 the use of Rule 70, your Honour, we have no objection to
8 this as well as the other aerial photos.
9 JUDGE JORDA: I agree with Mr. Hayman. You should explain
10 in a little bit more detail. Let me recall Rule 70,
11 because two maps were introduced. I'm looking at
12 70B. I suppose that's the rule, Mr. Harmon. For the
13 public I would like to recall -- this is not for the
14 parties or the judges:
15 "If the Prosecutor is in possession of information
16 which has been provided to him on a confidential basis
17 and which has used solely for the purpose of generating
18 new evidence, that initial information and its origins
19 shall not be disclosed by the Prosecutor without the
20 consent of the person or entity providing the initial
21 information and shall in any event not be used or given
22 in evidence without prior disclosure to the accused".
23 We won't get into any discussions about this here,
24 but the Prosecutor has indicated that this is covered by
25 Rule 70, which I suppose is proper. This is a
1 precedent which I suppose would be followed.
2 Therefore, it was a good thing for it to be communicated
3 precisely. So having said that, we can admit this
4 exhibit as exhibit number 50. Go ahead, Mr. Harmon.
5 MR. HARMON: All right, your Honour. Thank you.
6 Mr. Leach, would you describe what that particular
7 exhibit represents?
8 A. Yes, your Honours. This is -- if I use the marker,
9 this road I point to now is the main road between Vitez
10 to Zenica. I'll indicate that for you again, your
11 Honours (indicating). Vitez would be in this direction
12 going that way and Zenica and the Busovaca turn-off
13 would be going in that direction.
14 Q. Please proceed, Mr. Leach.
15 A. On the photograph you will see certain areas that have
16 been labelled. The area here to the left of centre is
17 the area of Pirici. If I move the pointer directly to
18 the right, you then come to the village of Santici. If
19 one were to follow the road to the next main village you
20 start at the village of Ahmici and then certain
21 buildings that are visible on the aerial photograph are
22 individually labelled. The label being placed to
23 indicate an area which is Lower Ahmici (indicating).
24 There's a label for the mosque with the minaret, which
25 is 2-3 cms just to the right of the label. You can see
1 the minaret is tumbled to one side. To the left of
2 that is the upper mosque in Ahmici. To the left of
3 that is the very end of the village, Upper Ahmici.
4 Also indicated on the aerial photograph for you, your
5 Honours, is the Catholic cemetery, which other witnesses
6 may refer to during their testimony later. Hence it
7 has been labelled for you now. Another location which
8 is referred to as the bungalow, there is no building
9 there. There formerly was. Again other witnesses in
10 their testimony will refer you to this building and
11 hence it has been labelled for you at this stage now.
12 Q. Mr. Leach, a few minutes ago you testified about a
13 photograph from the village of Pirici. It was
14 photograph Z1/975, and it showed a view from Pirici back
15 into Vitez. Would you point on that particular map
16 where you were standing when that particular photograph
17 was taken?
18 A. It was approximately in this area here, your Honours
20 JUDGE RIAD: Excuse me. Can you say the number again of
21 the exhibit?
22 MR. HARMON: Yes. Z1/975 from the photographs relating to
24 JUDGE RIAD: Where is the river exactly in this picture?
25 A. (Indicating).
1 JUDGE RIAD: And the weekend area which you mentioned
3 MR. HARMON: Judge Riad, that will be on a following
4 photograph. Mr. Leach, you have been to this area many
5 times. You have said that in your previous
6 testimony. Does this particular exhibit, Exhibit 50,
7 accurately depict the area that's shown in the
8 photograph itself?
9 A. Particularly in Ahmici it's very, very much the same as
10 it stands today and as this picture was taken in 1994.
11 Q. All right. Thank you very much. Now if we could have
12 the usher please take the next exhibit? Now, Mr. Leach,
13 referring to Exhibit 51, was that also provided pursuant
14 to Rule 70?
15 A. Yes, it was, your Honours.
16 Q. Can you tell me the date that that picture was taken?
17 A. Again on or about 9th November 1994.
18 Q. All right. Subject to the potential objections of
19 counsel, your Honour, we would move to introduce
20 Exhibit 51 into evidence.
21 JUDGE JORDA: Mr. Hayman?
22 MR. HAYMAN: Same comment as to the last exhibit, your
24 MR. HARMON: Perhaps, your Honour -- I have a series of
25 these exhibits that I will be introducing. If the
1 court would note the objection of counsel as to all of
2 these, when I introduce these, we may be able to proceed
3 a little bit faster; in other words, he has a standing
5 MR. HAYMAN: That's fine. It is not a standing objection,
6 your Honour. It's a reservation of rights to object to
7 the way in which Rule 70 may be sought to be applied to
8 these exhibits, because I do not know exactly in what
9 way the Prosecution may seek to limit my
10 cross-examination concerning these exhibits. So I'm
11 simply reserving my rights in that regard.
12 JUDGE JORDA: I would like to supplement something in order
13 to shed some light on the position of the Trial
14 Chamber. This is an observation which the judges also
15 make, in so far as this does not call into question our
16 principle of accepting all exhibits as evidence, but
17 here the Judge can control conditions under which these
18 documents were disclosed by the Prosecutor, and whether
19 this is respecting the condition which says that they
20 can be exhibited -- they can be admitted as exhibits for
21 the judges only if there is consent on the part of the
22 person or the entity having supplied them. Therefore,
23 the Prosecutor has to give proof of that consent.
24 Thank you.
25 MR. HARMON: Okay. Thank you very much, Mr. President.
1 Mr. Leach, will you proceed to describe that particular
3 A. In the main, your Honours, this is an aerial photograph
4 of the village of Nadioci, which is the main area in the
5 main centre part of the photograph. To ease reference
6 to the previous photograph, we have again labelled, as
7 we did in the first one. So, for example, at the bottom
8 centre is the area of housing which would be Upper
9 Ahmici. To the right of your Honours will see the
10 upper mosque, the one without a minaret. To the right
11 of that, in the bottom right-hand corner, is Lower
12 Ahmici, and one can actually see there as well the lower
13 mosque with the minaret. The Catholic cemetery isn't
14 fully depicted there. The building I referred to
15 earlier as the bungalow is here (indicating). The main
16 road to Zenica goes through the whole photograph.
17 Damaged or destroyed houses, the weekend houses, are in
18 this area here, your Honours. (Indicating).
19 Q. Now, your Honour, I would like to have another aerial
20 photograph passed up to the Registrar. Mr. Leach, would
21 you please identify Exhibit 52?
22 A. As previously, your Honours, it's British Ministry of
23 Defence aerial photograph. The --
24 Q. When was it taken, Mr. Leach?
25 A. Again on or about 9th November 1994.
1 Q. Please proceed, Mr. Leach.
2 A. The main highway from Vitez to the Busovaca turn-off and
3 Zenica is here. Vitez would be in this direction.
4 Busovaca and Zenica would be in that direction.
5 (Indicating). At this point here you see a T-junction,
6 a road junction. This road, which goes through the
7 centre of the photograph, is what you will hear other
8 witnesses refer to as the mountain road. This is a
9 route which goes over the hilly areas, the mountain
10 areas, of this area, central Bosnia, to Zenica.
11 Labelled on the photograph for you is Dubravica
12 School, which also other witnesses will refer to for
13 you, and in the top right-hand corner is an UNPROFOR
14 followed by IFOR or SFOR base or garrison, which is
15 often referred to as Santici Base. That covers the
16 whole of this area which is in white. At the time on
17 16th April this was manned by soldiers from the
19 Q. Thank you, Mr. Leach. I would like to turn to our next
20 exhibit. All right. Mr. Leach, could you please,
21 referring to Exhibit 53 -- referring to Exhibit 53,
22 Mr. Leach, can you describe the source of that particular
24 A. Again this is from the British Ministry of Defence, then
25 provided under Rule 70, and again taken on or about 9th
1 November 1994.
2 Q. We would move to introduce this photograph into
3 evidence, your Honour. Now, Mr. Leach, please describe
4 for the Trial Chamber and for counsel what this
5 photograph represents.
6 A. This photograph is basically a summary or a blow-up of
7 the three previous photographs you've seen, which gives
8 an indication of the distances and how the three
9 photographs, if we were to lay those out on a large
10 table, you could actually join these three previous
11 photographs together. This photograph does that for to
12 you. Again I will point to certain locations which
13 have been indicated. The Dubravica School. Just
14 above the Dubravica School is the mountain road
15 I referred to in the last photograph. Thereafter there
16 is Santici Base, which was with the Netherlands soldiers
17 there in 1993. The village of Santici is the area
18 above the label, marked "Santici". (Indicating) the
19 village of Pirici is to the left on the hill top.
20 Below Pirici but above on the photograph, of course, is
21 Ahmici. Again the Catholic cemetery (indicating), the
22 location of the bungalow and the weekend houses in
23 between the main highway and the River Lasva at the top
24 of the photograph in the centre.
25 JUDGE RIAD: Excuse me. Where is the Vitez Hotel in this
1 big map?
2 A. This isn't shown on this photograph, your Honour, but if
3 a similar photograph of a similar scale was shown,
4 I would estimate it would be ... (indicating).
5 JUDGE RIAD: It would be higher or lower than other
7 A. The high ground is this area here, your Honour
8 (indicating). The low ground and the river valley, if
9 you will, by the main road is here.
10 JUDGE RIAD: And the Vitez Hotel is on high ground?
11 A. No, the Vitez Hotel is on low ground.
12 JUDGE RIAD: Low ground?
13 A. Yes.
14 MR. HARMON: All right, Mr. Leach. Thank you very much.
15 Now, Mr. Dubuisson, has Exhibit 52 been entered into
16 evidence? No. Then I would move Exhibit 52 into
17 evidence and this evidence as well.
18 Now, Mr. Leach, we are going to see a video tape.
19 It is video tape number 1. Before it's shown to the
20 Trial Chamber and to counsel, can you explain what will
21 be seen on that particular video tape?
22 A. Yes, your Honour. We were in a helicopter provided by
23 IFOR. The beginning of the clip will show from
24 approximately this area with the photographs or the
25 video taking shots in that direction (indicating). The
1 helicopter then flew traversing the main highway and
2 into Vitez town itself.
3 Q. If the lights could be dimmed, please, so we could play
4 tape number 1?
5 (Video tape played)?
6 A. This is the area of Lower Ahmici and the helicopter is
7 circling around here (indicating). You can see the
8 road into Ahmici in the centre of the photograph and the
9 Ahmici mosque. We are now south of the main highway,
10 travelling in an east to west direction, as indicated on
11 the picture. The main road is approximately in the
12 centre, just above centre, of this picture that you can
13 see in front of you. The area coming into view now
14 from the left of the screen is the Santici Base, which
15 is very much now as it was then in 1993. You can see
16 traffic moving on the main highway. Just coming into
17 picture was the junction which would be the mountain
18 road, which is centre, just above centre now.
19 Dubravica School is just out of shot. You can't quite
20 clearly see it now. The main road into Vitez is below
21 us now, with traffic travelling down it, where the
22 freeze frame is held. If you were on the main highway
23 you would turn left and travel down the road towards the
24 bottom of the screen. That would take you into Vitez
25 town and towards Hotel Vitez itself.
1 Q. Your Honour, I would ask that that particular clip be
2 introduced into evidence. I would like you to turn to
3 the village of Donja Veceriska and I would ask you to
4 place a small concentric circle map, which I believe is
5 29C, on to the ELMO. Could you point out the village
6 of Donja Veceriska on that particular map?
7 A. (Indicating).
8 Q. Thank you, Mr. Leach. This was the village of Donja
9 Veceriska attacked?
10 A. That was on 16th April 1993.
11 Q. Can you provide to the court and counsel the 1991 census
12 figures for that particular village?
13 A. The total number of inhabitants at the time from the
14 1991 census is 710. Bosnian Muslims were 388.
15 Bosnian Serbs, 3. Bosnian Croats, 306. 8 Yugoslav
16 and 5 of other origin.
17 Q. Now from the Hotel Vitez how far away is the village of
18 Donja Veceriska located, that is by road?
19 A. By road it's approximately 3.9 km, which can take
20 approximately six minutes to drive.
21 Q. All right. Now does the village of Donja Veceriska sit
22 next to a factory of some sort?
23 A. It sits next to a large complex chemical works and what
24 was used to produce explosives.
25 Q. That will lead me, Mr. Leach, into the next video clip,
1 which is film clip number 9. Before we show that,
2 would you explain to the court and to counsel what will
3 be depicted on tape number 9?
4 A. On the town plan and the Vitez aerial photograph that
5 you were shown earlier, you saw the area of Stari
6 Vitez. This is again a video taken from the air in an
7 IFOR helicopter. It mainly covers the distance and a
8 view of travelling from Stari Vitez to the chemical
9 plant with the villages of Gacice and Veceriska either
10 side of the plant.
11 Q. Could we lower the lights, please and show tape number
13 (Video tape played)
14 A. This is the area of Stari Vitez. Just leaving right of
15 shot was the area where there was a large grave site.
16 This is a patch of open ground, very flat. The
17 chemical plant is now coming into view. It's a series
18 of buildings. The main centre point to note for the
19 location is the smoke stack. The village of Veceriska
20 was to the right and again this is a view of the
21 chemical plant. The village of Gacice comes into view
22 in the centre picture now from the left. So the
23 villages of Gacice and Veceriska are either side of the
24 chemical plant. That is Veceriska there and you can
25 see the houses without roofs. Then a series of other
1 houses that are destroyed and some that are not.
2 Q. Mr. President, I would move to introduce that film into
3 evidence as the Prosecutor's exhibit. My next exhibit,
4 your Honour, I have a photo album I would like to
5 present. Mr. Leach, you have before you Exhibit 54?
6 A. Yes.
7 Q. Would you please identify what that exhibit contains?
8 A. This is a selection of photographs. The very first
9 photograph, PH338, is taken from Stari Vitez close to
10 where the front line was, looking towards the smoke
11 stack for the chemical factory.
12 Q. Before you go into the actual description, this a series
13 of photographs? Were you present when those photographs
14 were taken?
15 A. Yes, I was. The remaining photographs out of this
16 bundle are a selection of photographs taken actually in
17 the village of Veceriska itself, and they were taken on
18 Tuesday, 28th March 1996.
19 Q. I would move to introduce Exhibit 54 as Prosecutor's
20 exhibit, your Honour. Mr. Leach, referring to a series
21 of those photographs, would you first place on the ELMO
22 photograph P338? Would you describe what that
23 photograph represents, please? Just a minute.
24 JUDGE JORDA: Excuse me. Go ahead.
25 MR. HARMON: Mr. Leach, you've placed photograph P338 on the
1 ELMO. Would you please describe to the court and to
2 counsel what's depicted in that particular photograph?
3 A. Yes. When this photograph was taken, we were stood near
4 a series of concrete block garages, which was one of the
5 areas of a front line which developed after the attacks
6 in Stari Vitez and Vitez on 16th April 1993. Although
7 it is not in the picture, beyond those garages would be
8 a running track, which you'll note when you look at
9 other exhibits such as the town plan and aerial
11 To the right, almost centre picture, but to the
12 right, you can quite clearly see the smoke stack for the
13 chemical plant. To the right of the smoke stack --
14 unfortunately it's obliterated by a bush, but that's
15 generally the location of where the village of Veceriska
16 would be. To the left of the smoke stack, there is a
17 hilly area and that would be where the village of Gacice
18 would be. The Hotel Vitez would be to the left of the
19 photograph, following the direction of the pointer, that
20 way (indicating), would be almost approximately line of
21 sight to Hotel Vitez if you were to go left of the
23 Q. All right. Mr. Leach, would you now put on the ELMO
24 Z2/398? Please explain what that photograph depicts?
25 A. This was taken when we were in the village itself.
1 What you can see to the left is quite clearly the
2 chemical factory, smoke stack, the red and white
3 chimney. Then in the centre ground opposite, where I'm
4 moving the pointer now (indicating) is the village of
5 Gacice. Below the village and in the lower ground, but
6 with the foliage around it, you can see some of the
7 roofs of the buildings which form part of the chemical
9 Q. Thank you, Mr. Leach. Would you turn to photograph
10 Z2/394? What does that photograph show?
11 A. That represents a photograph of what you would see or
12 what we saw in 1996 in Veceriska.
13 Q. Would you turn to photograph Z2/372? Would you describe
14 to the Trial Chamber and to counsel what is depicted in
15 that particular photograph?
16 A. Again this is a selection and one of the houses that you
17 can see in Veceriska.
18 Q. Lastly, would you turn to Z2/383? What is depicted in
19 that particular photograph, Mr. Leach?
20 A. The centre building is again another one that is damaged
21 and uninhabitable at the moment in Veceriska, or as it
22 was in 1996, I should say.
23 Q. All right. You can reassemble the exhibit, Mr. Leach.
24 If the usher could please introduce -- take the next
25 exhibit. Mr. Leach, referring to Prosecutor's Exhibit
1 55, can you describe the source of that exhibit and the
2 date it was taken?
3 A. Once again, your Honour, this is provided by the British
4 Ministry of Defence, provided to us under Rule 70. It
5 was taken on or about 9th November 1994.
6 Q. Your Honour, I would move to introduce this particular
7 photograph into evidence as the Prosecutor's next
9 JUDGE JORDA: Yes, all right.
10 MR. HARMON: Mr. Leach, would you please Orient all of us to
11 what this particular exhibit represents?
12 A. This is a photograph of the village of Donia Veceriska
13 in the centre ground with the Vitez chemical plant above
14 it (indicating). The village of Gacice would be across
15 the valley. I should say Veceriska is on high
16 ground. The chemical plant is on low ground in a small
17 valley. Gacice would be in this area again on high
18 ground. The town of Vitez would be in this direction.
19 Q. Mr. Leach, there's a sticker that says "the Vitez
20 chemical plant". Underneath that particular sticker
21 there appears to be some smoke coming up. Can you
22 explain what that is?
23 A. That is smoke that's coming out of the smoke stack.
24 Obviously you can quite clearly see that the smoke is
25 visible to the human eye and would be for a considerable
1 distance around the area. So, for example, if you were
2 stood in Vitez and were looking to that area, Gacice,
3 the chemical plant and Donia Veceriska, you could see
4 smoke whether it was coming from the chemical plant or
5 from any other building.
6 Q. All right. Thank you very much, Mr. Leach. Now
7 I would like to turn, Mr. Leach, if I could, to the
8 village of Loncari and ask you, first of all, when was
9 that village attacked by the HVO?
10 A. It was attacked on 16th and 17th April 1993.
11 Q. Would you kindly put Exhibit 29C back on the ELMO, that
12 is the small map with the concentric circles, and
13 identify for the Trial Chamber the location of that
14 particular village? Your Honour, I apologise. I need
15 one more exhibit in the last series of exhibits for
16 you. It's out of order. So if I could introduce one
17 more exhibit before we come back to ... We will come
18 back to the village of Loncari in just a minute, your
19 Honour. Mr. Leach, you have before you Prosecutor's
20 Exhibit 56. Was this also provided by the British
21 government pursuant to Rule 70?
22 A. Yes, it was.
23 Q. What was the date that this particular exhibit was
25 A. Again on or about 9th November 1994.
1 Q. Your Honour, I would move to introduce Prosecutor's
2 Exhibit 56 into evidence. Mr. Leach, please explain
3 what this particular photograph represents, using the
4 legend that's attached to it?
5 A. On the -- this is another, much smaller scale but
6 representative photograph of the area of Vitez itself.
7 If I go -- going through the legend, number A
8 (indicating) is the Hotel Vitez. B is the cinema
9 building and the headquarters of Mario Cerkez. C is
10 the PTT building. D, the Chess Club. E, the
11 approximate location of the front line as it developed
12 on 16th April. F is the mosque in Stari Vitez. G is
13 the site where the bodies are buried in a large grave
14 site in Stari Vitez. H is the ABiH, the Armija,
15 headquarters in Stari Vitez. I is the location of the
16 veterinary station, which witnesses will talk about
17 during their testimony. J is the Dubravica School.
18 Although not labelled, above J you can see the Santici
19 Base. Sorry. That should be K. Sorry, no. It's
20 not labelled, your Honours. K is this location down
21 here (indicating). K is what was known as the British
22 Battalion Echelon Garage, as I referred to in earlier
23 testimony. This is where the UNPROFOR vehicles from
24 Landrovers right through to Armoured Personnel Carriers,
25 etc., would refuel and would go for refitting, engine
1 repairs, etc. Witnesses will refer to this location in
2 their testimony. L is the chemical plant. As from
3 the previous photograph, you can see the same smoke on a
4 small scale. M is the village of Gacice on the high
5 ground above the chemical plant. N is the village of
6 Donia Veceriska on the high ground on the opposite side
7 of the valley from Gacice, above the chemical plant. O
8 is over back into Vitez, Stari Vitez, the approximate
9 location where the truck bomb exploded on 19th April
10 1993. P is the approximate location of where the
11 opposite side of the Stari Vitez front line would be
13 Again I should perhaps refer you to this small
14 road here above the Dubravica School. That would be
15 the mountain road to Zenica, at this junction here, and
16 on the exhibits from the air, where we flee from Ahmici
17 into Vitez and I pointed out vehicles driving into Vitez
18 town, having turned off the main highway, that is this
19 road here. So you would drive down off the main
20 highway into Vitez, past I, the veterinary station,
21 along into Vitez itself, and get to the Hotel Vitez in
22 the centre.
23 Q. Thank you, Mr. Leach. Now, Mr. Leach, I would like to
24 return to the village of Loncari. You pointed out that
25 village previously. Can you please provide to the
1 court and to counsel the 1991 census figures for that
2 particular village?
3 A. Loncari, the total population, 1991, was 314. Of
4 those, 249 were Bosnian Muslim, 249. 20 Serb; 44
5 Bosnian Croat; and 1 Yugoslav. No others.
6 Q. All right, your Honour. I would like to now introduce
7 for identification another large aerial image.
8 Mr. Leach, was that photograph provided pursuant to
9 Rule 70 by the British government?
10 A. Yes, it was, your Honours.
11 Q. What is the date that this particular photograph was
13 A. Again I think this is on or about 9th November 1994.
14 Q. We would move to introduce this photograph into
15 evidence, your Honour. Mr. Leach, can you proceed to
16 describe the salient locations on that particular
18 A. Yes, your Honours. The central location, which is
19 indicated with a label, is the village of Loncari. The
20 other salient features of this photograph is the main
21 highway as it continues off from the previous
22 photographs. So, for example, the route to Vitez
23 (indicating) would be that way. A short journey down
24 here would take you to the Nadioci weekend houses, the
25 bungalow, the cemetery, etc., and on towards Vitez. The
1 highway continues and that would be the main highway
2 across the top of the photograph, to Zenica. Indicated
3 here is the location I've referred to several times as
4 the Busovaca T-junction. So if one were travelling
5 from Vitez to Busovaca, one would turn right here, and
6 that would lead you down into the town and municipality
7 of Busovaca. Although there's only one or two
8 buildings, maybe three depicted, you can see three
9 stripes, which are roofs of buildings in a location
10 known as Kaonik camp. Other witnesses will refer to
11 this location, your Honours: this was a former JNA
12 barracks, which was later under the control of the HVO.
13 Q. Mr. Leach, were you able to enter the village of Loncari
14 and take photographs of the buildings that were damaged
15 or destroyed?
16 A. No. During the time we took photographs, the various
17 stills you have seen of villages that were damaged, we
18 were escorted by IFOR. That escort included engineers
19 from the Royal Engineers of the British army, who were
20 there to indicate to us where mine fields were
21 present. As a result of their concerns about the
22 safety of travelling on foot and on the roads as well,
23 the hard road surface in that area as well, we were not
24 allowed to enter Loncari.
25 Q. I would like to turn to our next exhibit, which is
1 another large aerial image. Mr. Leach, you have before
2 you Prosecutor's exhibit number 58. I think we can
3 move through this exhibit particularly quickly. If you
4 would just describe, first of all, was this photograph
5 provided by the British military as well?
6 A. Yes, it was again pursuant to Rule 70, and again taken
7 on or about 9th November 1994.
8 Q. Would you kindly describe to the court and to counsel
9 the salient features that are depicted in this
10 particular image?
11 A. This location here, your Honours, labelled is the
12 Busovaca T-junction, which you saw on the previous
13 photograph with the road to Zenica going ahead
14 (indicating). One would turn right here to travel into
15 the town of Busovaca along this road. The road into
16 the village of Loncari is here. You have the whole
17 view, aerial view of the area known as Kaonik camp here
19 Q. All right. Thank you very much, Mr. Leach. I'll now
20 turn to another large aerial image. I would ask that
21 Exhibit 58 be moved into evidence, your Honour.
22 JUDGE JORDA: D' accord.
23 MR. HARMON: Mr. Leach, turning your attention to
24 Prosecutor's Exhibit 59, was this also provided by the
25 British government pursuant to Rule 70?
1 A. Yes, it was.
2 Q. What is the date this particular photograph was taken?
3 A. Again on or about 9th November 1994.
4 Q. Your Honour, I would move to introduce Prosecutor's
5 Exhibit 59 into evidence. Mr. Leach, will you please
6 describe the salient features depicted in Prosecutor's
7 Exhibit 59?
8 A. Your Honours, the village of Ahmici can be seen in the
9 bottom right-hand corner. That is Upper Ahmici and the
10 upper mosque can be seen in that area. Above that is
11 the location of the bungalow. Following the main Vitez
12 to Zenica highway, the weekend houses at Nadioci. As
13 one would continue along the highway, if one was to take
14 a left turn, that would lead you to the village of
15 Loncari, which is almost centre picture, just below
16 centre. Going back to the junction and continuing
17 adjacent to the junction, the V of the junction is
18 Kaonik camp. Busovaca T-junction, the road to
19 Zenica. From the Busovaca T-junction, one could follow
20 the road and in the top right-hand corner one could see
21 the initial part of the town of Busovaca itself.
22 Q. Thank you, Mr. Leach. Now I turn to my next exhibit,
23 Mr. Leach, which is an album of photographs. Mr. Leach,
24 you have had placed before you Prosecutor's exhibit
25 number 60. Can you please, first of all, identify
1 whether you were present when those photographs were
2 taken and when they were taken?
3 A. Yes. I was present when these photographs were taken.
4 They were taken in the town of Busovaca on Saturday,
5 25th May 1996.
6 Q. Do they accurately depict the destruction of the mosque?
7 A. Yes, they do, your Honours.
8 Q. First of all, Mr. Leach, can you tell me where that
9 particular mosque is located in the town of Busovaca?
10 A. It's in what I would describe as the centre of the town,
11 the town centre, adjacent to shopping areas, close to a
12 bus station, close to a market area.
13 Q. Could you please remove the first of those photographs,
14 Z1/869, and place it on the ELMO and describe to the
15 court and to counsel what that particular photograph
17 A. That is a picture of the mosque from the path leading to
18 the front of the mosque.
19 Q. Now would you please place on the ELMO Z1/878? What
20 does that show, Mr. Leach?
21 A. This is again a mosque from the right-hand side of the
22 building from the front door. Where the pointer is
23 showing (indicating) now would be the base of the
24 minaret. One can see where the minaret has tumbled
25 towards the photographer, if I should say, and the top
1 of the minaret with its small veranda and small handrail
2 is in the centre of the bottom right-hand corner.
3 Q. Mr. Leach, would you now place the next photograph, which
4 is Z1/874, on the ELMO? What does that show, Mr. Leach?
5 A. That is the inside of the mosque, the roof struts in
6 this area at the top of the photograph.
7 Q. Thank you, Mr. Leach. Your Honour, I would move to
8 introduce Prosecutor's Exhibit 60 into evidence.
9 JUDGE JORDA: Mr. Harmon, how many more exhibits of this
10 type do you have to show?
11 MR. HARMON: Photographs, your Honour, large photographs? I
12 haven't counted them but I have a number of them, your
14 JUDGE JORDA: What I suggest, together with my colleagues,
15 is that we will break now and that for technical reasons
16 the room will not be available until 3 o'clock this
17 afternoon, but we will sit until 6 o'clock. I'm now
18 suspending the hearing.
19 (12.45 pm)
20 (Luncheon adjournment)
1 (3.00 pm)
2 JUDGE JORDA: Please have the accused brought in.
3 (Accused re-enters court)
4 JUDGE JORDA: Mr. Harmon, if I'm not mistaken, we were at
5 Exhibit 61.
6 MR. HARMON: We are now about to go to Exhibit 61,
7 Mr. President. Now, Mr. Leach, can you please identify
8 what Prosecutor's Exhibit 61 is and the source of that
9 particular map?
10 A. Yes, your Honours. This is a town plan of the town of
11 Kiseljak in Kiseljak Municipality, central Bosnia.
12 It's produced by the Director General of the Military
13 Survey, Ministry of Defence, United Kingdom and was
14 printed in May 1993.
15 Q. Could you please put that on the ELMO? I would like you
16 to point out in that exhibit, Mr. Leach, the location of
17 the Kiseljak Military Barracks?
18 A. Yes. The Kiseljak Military Barracks are this group of
19 buildings here. It's actually indicated on the map.
20 It actually says "Kiseljak Military Barracks".
21 Q. Again, Mr. Leach, what is the significance of that
23 A. That was an HVO headquarters and was one of the
24 headquarters of General Blaskic.
25 Q. Mr. Leach, would you now turn to Exhibit 29D and put that
1 on the ELMO? 29D is a part of a larger exhibit 29 that
2 has a series of concentric circles; is that correct?
3 A. That's correct, your Honour, yes.
4 Q. And the centre point of the first circle is the Kiseljak
5 Military Barracks; is that correct?
6 A. That's correct, your Honours, yes.
7 Q. Thank you very much, Mr. Leach. That's enough with that
8 exhibit. Now we are going to turn, Mr. Leach, to tape
9 number 4. If you would kindly explain to the court and
10 to counsel what will be seen on tape number 4.
11 A. This is a very short video clipping again of an aerial
12 over flight from a helicopter, using an IFOR helicopter,
13 where you can see the Kiseljak Barracks from the air.
14 This was taken in May 1996.
15 Q. Could we dim the lights, please, and roll tape number
17 (Video tape played)
18 A. That is the barracks before you, your Honours.
19 Q. Your Honour, I would move to introduce both exhibit
20 number 61, the map, and the tape number 4 as
21 Prosecutor's next exhibit in order?
22 JUDGE JORDA: The document and the tape will be put into
23 the record. Has this been numbered?
24 THE REGISTRAR: Yes. It's 34 -- it will be numbered as
1 MR. HARMON: Mr. Leach, now we are going to turn to another
2 tape. It's tape number 22. Can you please explain to
3 the Chamber and counsel what will be seen on tape number
5 A. Similar to the previous tape, your Honours, this is
6 again taken from a helicopter with the assistance of the
7 Dutch police and is an over flight and aerial view of a
8 damaged mosque just close to the centre of Kiseljak, on
9 the way into Kiseljak from the direction of Busovaca.
10 So it's north of the town.
11 Q. When was the tape done, Mr. Leach?
12 A. This was done again in May 1996.
13 Q. Can we dim the lights and roll tape number 22?
14 (Video tape played)
15 A. The mosque is the building upper centre ground. You
16 can just see the remains of the dome area. It's now
17 gone out of picture.
18 JUDGE JORDA: Excuse me. That was a little quick.
19 I know that Mr. Leach is very familiar with this, but
20 I think I can speak for my colleagues and say perhaps
21 you could either slow it down a little bit and show us
22 where it is. Can we see it again, please?
23 MR. HARMON: I appreciate that, your Honour, and I will ask
24 to roll tape number 22 again please. If there's any
25 way to slow it down from the room upstairs, I would
1 appreciate that being done as well.
2 (Video tape replayed)
3 A. The mosque is the building, your Honours, which is just
4 coming in from the left of the picture. It's now
5 centre picture, perhaps two-thirds of the way up the
6 screen. The main highway into Kiseljak from north to
7 south is in front of the mosque. It's actually on the
8 highway as you drive into Kiseljak.
9 Q. Your Honour, I would ask that that be introduced as
10 Prosecutor's Exhibit 34/7.
11 THE REGISTRAR: I think it is part of another tape which
12 has not yet been introduced.
13 JUDGE JORDA: This was 22 according to the Prosecutor; is
14 that right?
15 THE REGISTRAR: No, it was a section of a tape. I think
16 its number should be 62, so that this would be 62/1,
17 having to do with the section 22.
18 MR. HARMON: Thank you.
19 JUDGE JORDA: Is that all right? Has the Defence noted
21 MR. HAYMAN: Thank you.
22 MR. HARMON: Your Honour, I have a photo album, which would
23 be my next exhibit. Mr. Leach, turning to Exhibit 63,
24 can you identify that photo album?
25 A. Yes, I can, your Honours. This is a selection of
1 photographs of the mosque on the north side of the town
2 of Kiseljak.
3 Q. When were those photographs taken, Mr. Leach?
4 A. On Thursday, 23rd May 1996.
5 Q. Were you present when they were taken?
6 A. Yes, I was.
7 Q. Do those photographs accurately depict the damage as
8 shown in those particular photographs?
9 A. Yes, they do.
10 Q. Your Honour, I would move to introduce Prosecutor's
11 Exhibit 63. Mr. Leach, would you take the first
12 photograph, Z1/639, place it on the ELMO and explain to
13 the court what that particular photograph depicts?
14 A. That is a side view of the mosque. As you saw in the
15 previous picture of the mosque in Busovaca, the minaret
16 has fallen over by whatever means and is lying in front
17 of the mosque on its side.
18 Q. All right, Mr. Leach. Would you turn to the next
19 photograph, which is Z1/638, place that on the ELMO and
20 explain to the Trial Chamber and counsel what is seen in
21 that particular photograph?
22 A. If you stand at the main entrance into the mosque that
23 is the view you would have of the burnt-out damage and
24 the destruction inside the mosque.
25 Q. Now turning, Mr. Leach, to Z1/650, would you repeat what
1 you just did?
2 A. Yes, your Honour. The previous photograph you could
3 see an archway when you were stood in the entrance. If
4 you then stood at the archway in the mosque, that is
5 then what you would see inside the mosque.
6 Q. All right, Mr. Leach. Will you reassemble the exhibit,
7 please? Mr. Leach, we are going to turn to the village
8 of Gomionica. Let me ask you first, when was the date
9 the HVO attacked the village of Gomionica?
10 A. That was on 18th April 1993.
11 Q. Could you turn to Exhibit 29D, place that on the ELMO
12 and point out where the village of Gomionica is in
13 relation to the town of Kiseljak?
14 A. (Indicating).
15 Q. Just hold your pointer there for a minute. All right,
16 Mr. Leach. Can you tell us, referring to the 1991
17 census figures, what the census figures report in
18 respect of the village of Gomionica?
19 A. The total population, your Honours, was 427. Of those,
20 Bosnian Muslims were 417; Bosnian Croats, 6; and 4 other
22 Q. Can you tell us, Mr. Leach, what is the distance from the
23 Kiseljak Barracks to the village of Gomionica?
24 A. It's 6.6 kms, which under normal driving conditions
25 would take approximately nine minutes to drive to.
1 Q. Have you been to the village, Mr. Leach?
2 A. Yes, I have.
3 Q. On how many occasions?
4 A. Several.
5 Q. Can you describe what you saw when you were at the
7 A. It's very similar to what you have seen depicted in
8 Ahmici. The whole village or the portion of it off the
9 main road is destroyed.
10 Q. We are going to turn to a video tape. It's tape number
11 15. Again can you please orient the court and counsel
12 what will be seen on that particular video tape?
13 A. Yes, your Honours. On this video tape you will see
14 Gomionica and another location just to the north of it
15 called Behrici from the air again taken from an IFOR
16 helicopter. For the purposes of your record, your
17 Honours, all the aerial photography that is being shown
18 to you was taken on Monday, 27th May 1996.
19 Q. All right. Please could we dim the lights and roll
20 tape 13?
21 (Video tape played)
22 A. This is the village, your Honours, coming from north of
23 the village. This is an adjacent village which you
24 will see on later exhibits called Behrici. The
25 helicopter here is circling round in order to try to
1 encompass as many of the buildings as possible in the
2 shots. This is the southern part of the village of
3 Gomionica. In effect at this stage, your Honours, we
4 are heading towards the main highway, the Kiseljak to
5 Busovaca highway and traversing the highway. At this
6 point the highway would be below you, if you were in the
7 helicopter, and the buildings now in view is lower
8 Gomionica. Now travelling along the highway in the
9 direction of Busovaca. Damaged buildings are evident
10 in the foreground and now in the centre ground. That
11 is the main area of Gomionica itself. The village does
12 extend up into the hillside, again very similar in style
13 to Ahmici. It's spread over some distance.
14 Q. Your Honour, I would move to introduce that film clip as
15 Prosecutor's exhibit 62/2. No?
16 THE REGISTRAR: No. I'm sorry. That will be section 13,
17 which means it's 34/8.
18 MR. HARMON: 34/8. Then I am going to defer to
19 Mr. Dubuisson to indicate appropriately which exhibit
20 number is attached to it, because I am not succeeding.
21 Mr. Leach, we are going to turn now to tape 14
22 section of video tape. I will leave it to Mr. Dubuisson
23 to mark it with the appropriate number and inform
24 counsel of what that number is. Before we get there,
25 Mr. Leach, can you explain to the court and to counsel
1 what they will see in this particular section of tape?
2 A. The process of this is that the Dutch photographer --
3 JUDGE RIAD: May I just ask a question without interrupting
5 MR. HARMON: Yes.
6 JUDGE RIAD: You mentioned that the population of Gomionica
7 was 427, 417 Muslims and 6 Croats. Which date was
8 that? Was it when you went there?
9 A. No. The village is completely destroyed, uninhabited at
10 the moment.
11 JUDGE RIAD: Uninhabited now?
12 A. Yes.
13 JUDGE RIAD: So nobody is left?
14 A. No.
15 Q. Loncari was 249 Muslim, 20 Serbs and 40 Croats. Is this
16 the census now or before the destruction?
17 A. This was the census in 1991. As regards the village of
18 Loncari, your Honours, it is my understanding that
19 Bosnian Muslims are attempting to move back into the
20 village and rebuild their homes, so there may well be
21 some Bosnian Muslim residents in that village.
22 MR. HARMON: Describe to Trial Chamber and counsel what we
23 will see in tape section 14.
24 A. This is taken from a vehicle that moved through the
25 village of Gomionica, again similar to the one you saw
1 when I testified two weeks ago, starting from the top of
2 the village, and the video was placed on a vehicle and
3 we drove down through the village trying to view as much
4 of the scene on the ground as we possibly could, subject
5 to foliage and what have you.
6 Q. Could we lower the lights and roll tape 14?
7 (Video tape played)
8 A. At this stage, your Honours, we have actually started --
9 I was incorrect before -- we have started at the bottom
10 of the village. The vehicle now probably 150 metres
11 from the main highway between Kiseljak and Busovaca.
12 In order to try to keep the camera as steady as
13 possible, again, as in Ahmici, we went quite slow.
14 We're now entering what would be the main area of the
15 village. There are houses either side of this road all
16 in a very similar condition to as you see now. The
17 turn-off that we've just seen would be a right-hand
18 turn, where you would drive down that road to reach what
19 I would describe as lower Gomionica, which you saw in
20 the previous aerial video. Gomionica is a village,
21 your Honours, which again is split up. There is a
22 lower part, a main or middle part of the village, and
23 then as one drives further on, there's a gap without any
24 housing and then you get to the top of the village and
25 you have the upper part of the village. We are' still
1 in what I would best describe as middle Gomionica at the
2 moment. At that point where you could see a distinct
3 break in the film, that's where a portion has been
4 edited out because there's nothing to see. There's a
5 break in the village. We've now reached the upper part
6 of the village. I would say that the break in housing
7 is 350-450 metres. I haven't measured it, but it's
8 about that distance. The road at this area of the
9 village, it's on a very elevated portion. The main
10 part of the village is below, to the right, and then
11 lower Gomionica is nearer towards Kiseljak. It is more
12 of a dirt track than a tarmacadam or an asphalt road at
13 this stage. It was very difficult to try and
14 encapsulate everything in a video without taking a video
15 travelling up through the village and then unfortunately
16 having to repeat the process driving back down.
17 I think you can see, your Honours, in some of the houses
18 where there's only walls left and there's no roof that
19 there's a substantial amount of foliage and even to some
20 extent trees have even grown over the last two to three
21 years. Again the break in the video there was where we
22 left the upper part of the village and we are now coming
23 back into middle Gomionica. The main highway between
24 Kiseljak and Busovaca would be down below the village
25 now in the valley floor. This is still in the main
1 part or what I would call middle Gomionica.
2 Q. Your Honour, I would move to introduce that portion of
3 the film as the Prosecutor's next exhibit, 34/9?
4 JUDGE JORDA: Registrar, is that correct.
5 THE REGISTRAR: Yes, it's 34/9.
6 MR. HARMON: Mr. Leach, we are now going to move to another
7 portion of a video, it's tape number 15. Can you
8 please explain to the court and counsel what they'll see
9 in that particular film clip?
10 A. I indicated earlier that there was a right-hand turn
11 near the main highway at the bottom of the village,
12 where you would drive into lower Gomionica. The
13 clipping you'll see now is again video footage taken
14 from a vehicle in the lower part of the village.
15 Q. All right. Could we dim the lights, please, and play
16 that portion of the film?
17 (Video tape played)
18 A. On this occasion, your Honours, we have started at what
19 is the end of the road into lower Gomionica. The main
20 part of the village is currently behind the cameraman.
21 Kiseljak would be in the direction that the camera is
22 pointing now. Unlike Vitez, it would be difficult to
23 have line of sight from Kiseljak to this area. The
24 main highway would be in the direction that the
25 cameraman is now facing. We are now leaving the end of
1 lower Gomionica and driving back towards the middle part
2 of the village. At this point the vehicle turns right
3 and is now travelling directly towards the middle part
4 of the village and this road runs parallel almost with
5 the main highway. So, in effect, you are travelling in
6 the direction from Kiseljak towards Busovaca. In this
7 area you can see that not all the houses are damaged in
8 the lower part of Gomionica and people are living there
9 at this moment in time.
10 JUDGE RIAD: Is anybody living there now?
11 A. In the lower part of Gomionica yes, there are some
12 residents in maybe 15 to 20 houses.
13 JUDGE RIAD: They came back or they --
14 A. I understand that they are of Bosnian Croat ethnicity,
15 but I'm not sure.
16 MR. HARMON: Your Honour, I would move to introduce that
17 portion of the film as Prosecutor's exhibit 34/10. As
18 my next exhibit, your Honour, I have a photograph, which
19 I would like to tender to the court. I would ask that
20 it be marked exhibit number 64. Mr. Leach, referring to
21 Prosecutor's exhibit number 64, would you please place
22 that photograph on the ELMO? Let me ask you, before you
23 comment on it, were you there when that particular
24 photograph was taken?
25 A. Yes, I was.
1 Q. When was that photograph taken?
2 A. That was taken on Friday, 24th May 1996.
3 Q. Does that accurately portray sections of the village of
5 A. Yes, it does.
6 Q. Would you be so kind as to explain to the court and
7 counsel what is depicted in that particular photograph?
8 A. What we noticed when we were travelling round the area
9 is that, as with many of the highways in central Bosnia,
10 they go through the valley floor. We were on the
11 opposite side of the valley on a hill top, not a very
12 high one, a small hill, and looking across the main road
13 and then looking into the distance, one could see
14 Gomionica in the distance. The photographer then took
15 a photograph, albeit with a telephoto lens, but quite
16 clearly one can from the other side of the main road on
17 a hill top, that is what you would see of Gomionica.
18 The actual road that you see in the picture, if
19 I indicate with the pointer (indicating) is the road
20 that the photographs you have just seen from the video
21 clipping, as you drive up and down that road.
22 Q. Your Honour, I would ask that photograph number 64 be
23 admitted as the Prosecutor's next exhibit. Mr. Leach,
24 I would now like to turn to the village of Behrici.
25 First I would like to ask you when did the HVO attack
1 the village of Behrici?
2 A. Behrici was attacked on 18th April 1993.
3 Q. Could you start by taking Exhibit 29D, placing it on
4 will ELMO and indicating to the court and counsel the
5 location of the village of Behrici?
6 A. (Indicating).
7 Q. You are pointing to an area right up at the 5 km
8 concentric ring; is that right?
9 A. Yes. The village is to the left of the highlighted
10 name. As you saw on the aerial clipping earlier,
11 Behrici and Gomionica are very close together.
12 Q. What is the distance from the Kiseljak Barracks to the
13 village of Behrici?
14 A. 6.5 kms, which would take approximately seven minutes
15 under normal conditions by car.
16 Q. Have you been to the village of Behrici, Mr. Leach?
17 A. Yes, I have.
18 Q. On how many occasions?
19 A. About three or four.
20 Q. Can you describe to the court and counsel the extent of
21 the damage that you saw?
22 A. There's nothing left. They just destroyed houses.
23 There is nobody living there. Although you are able to
24 walk into it, this is, I understand, still an area where
25 one has to be wary of mines.
1 Q. Referring to the 1991 census figures, Mr. Leach, can you
2 tell us what the 1991 census figures were for the
3 village of Behrici?
4 A. The total population, 1991, was 199. Of those, 153
5 were Bosnian Muslims, 45, Bosnian Croats, and one of
6 other origins.
7 Q. Mr. Leach, I'm now going to direct your attention to a
8 video tape. It will be tape Section 16. Before we
9 play that, you could you explain to the court and
10 counsel what they'll see on this particular film clip?
11 A. This is a brief aerial clipping, again taken from the
12 IFOR helicopter, on 26th May of Behrici.
13 Q. All right. Can we have the lights lowered, please, and
14 play that particular tape?
15 (Video tape played)
16 A. The helicopter just traverses around the village. You
17 saw some of it earlier in the previous aerial photograph
18 -- aerial video.
19 Q. Your Honour, I would ask that that particular section of
20 video tape, a very small section, be introduced as
21 Prosecutor's exhibit 34/11. As my next exhibit, your
22 Honour, I have another photo album, which I would ask be
23 marked as Prosecutor's Exhibit 65. Mr. Leach, let me
24 begin by asking you: were you present when these
25 photographs were taken?
1 A. Yes, I was, your Honours.
2 Q. When were these photographs taken?
3 A. Friday, 24th May 1996.
4 Q. Do these photographs accurately depict the destruction
5 of buildings that are represented in each photograph?
6 A. Yes, they do.
7 Q. Your Honour, I would ask that the Prosecutor's
8 Exhibit 65 be admitted into evidence.
9 JUDGE JORDA: Yes, Mr. Hayman?
10 MR. HAYMAN: I assume they are photographs of a relevant
11 location. I don't think that has been established yet,
12 what they are -- if this is within the realm of the
13 indictment, we have no objection, but that has not been
14 stated yet.
15 MR. HARMON: I am happy to ask that question, your Honour.
16 Mr. Leach, if I omitted it, where are these photographs
18 A. These photographs are taken actually as you walk in and
19 around the village of Behrici.
20 Q. Now, Mr. Leach, would you take photograph Z1/734, place
21 it on the ELMO and please describe to the court and
22 counsel what that photograph represents?
23 A. That is an example of the destruction to the houses in
25 Q. Would you now refer to photograph Z1/740? Again what
1 does that photograph, Mr. Leach, represent?
2 A. Again that's another representative of the housing as it
3 stands or as it stood in 1996 in Behrici.
4 Q. Could you next turn to photograph Z1/739? Again,
5 Mr. Leach, please explain that photograph?
6 A. Again, your Honours, that's as you are in the middle of
7 this village or perhaps it should be referred to as a
8 hamlet. That is what you see in that location.
9 Q. Would you now turn to photograph Z1/730, Mr. Leach, and
10 place that on the ELMO? Again would you describe what
11 that photograph represents?
12 A. This is again further example of damage in Behrici.
13 Q. Could you turn to photograph Z1/728?
14 JUDGE JORDA: Excuse me.
15 A. Again, your Honour, this is another representative
16 sample of the damage in Behrici. I think what this may
17 assist your Honours with is the fact that Behrici is in
18 an elevated location above the main road, and you can
19 see that the valley through to Busovaca, or if one was
20 looking the other way to Kiseljak, in the distance. To
21 Behrici is on a hill side.
22 Q. Lastly, Mr. Leach, could you turn to photograph Z1/719,
23 place that on the ELMO and explain to the court what
24 that photograph represents?
25 A. Again, your Honours, that's another example of how
1 Behrici was in 1996.
2 Q. I'll give you a moment to reassemble the exhibit,
3 Mr. Leach.
4 JUDGE RIAD: Mr. Leach, how far is Behrici away from the
5 Hotel Vitez?
6 A. If one was actually to drive from Vitez to Behrici, that
7 would be 34.8 kms, which would take 34, 35 minutes by
9 JUDGE RIAD: And it's on a higher level than Vitez?
10 A. This is in a completely different municipality from
11 Vitez. This is near Kiseljak.
12 JUDGE RIAD: But it was 6 kms from the barracks?
13 A. That's from Kiseljak Barracks, your Honour, not the
14 Hotel Vitez.
15 JUDGE RIAD: Who was in Kiseljak Barracks?
16 A. The HVO was in complete control of Kiseljak Barracks,
17 and it was also a headquarters used by General Blaskic.
18 JUDGE RIAD: Thank you.
19 JUDGE JORDA: Allez-y.
20 MR. HARMON: I would now like to turn your attention to
21 Svinjarevo. Let me ask you when did the HVO attack the
22 village of Svinjarevo?
23 A. That was also on 18th April 1993.
24 Q. Will you refer again to prosecutors Exhibit 29D, place
25 that on the ELMO and indicate with your pointer where
1 the village of Svinjarevo is located in relation to the
2 Kiseljak Barracks?
3 A. (Indicating).
4 Q. All right. Thank you, Mr. Leach. What were the census
5 figures in 1991 for the village of Svinjarevo?
6 A. In 1991, your Honours, the total population was 294.
7 Bosnian Muslims comprised of 282. There was one
8 Yugoslav and 11 of other ethnic origin.
9 Q. How far away was the village of Svinjarevo from the
10 Kiseljak Barracks?
11 A. Approximately 7.3 kms, which would take 8, 9 minutes by
13 Q. Have you personally been to the village of Svinjarevo,
14 Mr. Leach?
15 A. Yes, I have.
16 Q. On how many occasions?
17 A. Five or six.
18 Q. That was the condition of the village of Svinjarevo when
19 you visited?
20 A. It is not inhabited.
21 Q. What is the condition of the building?
22 A. The buildings are destroyed, as you have seen in other
24 Q. Mr. Leach, I'm going to ask you to describe two clips,
25 video tapes 17 and 18. I'm going to ask you please to
1 describe what we'll be seeing in those particular clips?
2 A. The first clip is again one taken from the air in a
3 helicopter. The second clip is one taken from the
4 ground, but this time not driving through the village
5 but just stood statically and panning across the area.
6 Q. All right. Could the lights be dimmed, please, and
7 could we start with video tape 17?
8 (Video tape played)
9 A. Basically the helicopter at this moment in time is
10 travelling above the highway between Busovaca and
11 Kiseljak. The helicopter has now turned left away from
12 the highway, is moving away from the highway and into
13 the elevated areas and the hillside where the village is
14 situated. Again the helicopter is now circling as it
15 reaches the highest point of the hill. The village is
16 in the centre ground and the highway would be at the top
17 of the picture. Coming into the frame, almost in the
18 centre ground now is a mosque in Svinjarevo. The
19 helicopter is completing its circle and is now heading
20 back towards the highway.
21 Q. Your Honour, I would ask that tape Section 17 be
22 introduced as Prosecutor's exhibit 34/12, and if we
23 could keep the lights dim, we could proceed with video
24 tape section 18.
25 (Video tape played)
1 Q. Mr. Leach, please explain.
2 A. This is just where the cameraman is stood upright and
3 he's just holding the camera and he's very slowly
4 traversing around. This is in the upper part of the
5 village. Again you can see it's in an elevated
6 position, the valley down below. The main highway
7 would be in the far distance. We're now presently at
8 the top part of the village. This is the mosque, which
9 is in the upper part of the village. The cameraman has
10 now moved further down. We have probably walked 100,
11 150 metres further down the village back towards the
12 main road and once again he has just traversed from a
13 static position in the village. Similarly we have
14 moved on again to a separate part of the village. As
15 you can see, your Honours, the damage is fairly
16 consistent as you move from the top of the village, the
17 upper part of the village, down towards the main
18 highway. It's just the same throughout. At this
19 point we are in the very lower part of the village.
20 That's fairly brief.
21 Q. Your Honour, I would request that tape clip 18 be
22 admitted as Prosecutor's Exhibit 34/13. As my next
23 exhibit, your Honour, I have a photo album, which
24 I would tender as Prosecutor's exhibit number 66:
25 Mr. Leach, can you describe what Prosecutor's exhibit
1 number 66 is?
2 A. This is a sample of photographs that were taken in May
3 1996, again with the assistance of the Dutch National
5 Q. In what location was that?
6 A. This was again Svinjarevo.
7 Q. Were you present when those photographs were taken.
8 A. Yes, it does.
9 Q. Do those photographs accurately depict the damage seen
10 in these photographs?
11 A. Yes, they do.
12 Q. Your Honour, I would ask that Prosecutor's Exhibit 66 be
13 admitted into evidence?
14 JUDGE JORDA: This is 66, is it?
15 MR. HARMON: Mr. Leach, would you kindly place photograph
16 Z1/771 on the ELMO and explain to the court and counsel
17 what is depicted in that particular photograph?
18 A. That is the mosque which you saw from both the aerial
19 video and from the video on the ground. This is a
20 close-up still from about 20-30 feet.
21 Q. Could you turn to photograph Z1/772, please, place that
22 on the ELMO and explain to the court what that is?
23 A. That is a photograph of the inside of the mosque at
25 Q. Lastly, Mr. Leach, could you place on the ELMO photograph
1 Z1/775? Please explain what's depicted in that
3 A. If you go inside the mosque and walk up to a first floor
4 balcony and take a photograph down, that is the sight
5 you see.
6 Q. All right. Thank you very much, Mr. Leach. Would you
7 reassemble that exhibit, and then we'll turn our
8 attention elsewhere? Mr. Leach, I would like to turn
9 your attention to the village of Gromiljak. Let me
10 begin by asking when did the HVO attack the village of
12 A. That was on 18th April 1993.
13 Q. Would you kindly place Exhibit 29D on the ELMO and point
14 out to the court and counsel where the village of
15 Gromiljak is located?
16 A. (Indicating).
17 Q. You are indicating it is a little bit to the left of the
18 4 km mark on Exhibit 29D; is that correct?
19 A. Yes. Gromiljak itself is actually either side of the
20 main highway between Kiseljak and Busovaca, north of
22 Q. Now, Mr. Leach, what do the 1991 census figures show in
23 respect of the village of Gromiljak?
24 A. The total population for 1991 was 606. Of those, 143
25 were Bosnian Muslim; 8, Serb; 425, Bosnian Croat; 16,
1 Yugoslav; and 14 of other origin.
2 Q. How far is the village of Gromiljak from Kiseljak
3 Barracks, Mr. Leach?
4 A. It's approximately 5.3 kms, which would take
5 approximately five minutes to drive under normal driving
7 Q. Have you personally been to that village?
8 A. Yes, I have.
9 Q. What is the condition of that village, Mr. Leach?
10 A. It is mainly intact.
11 Q. Okay. Now let me ask you, Mr. Leach -- first of all,
12 let me pass up the Prosecutor's next exhibit, which we
13 would tender as Prosecutor's Exhibit 67: now, Mr. Leach,
14 referring to Prosecutor's Exhibit 67, were you present
15 when these photographs were taken?
16 A. Yes, I was.
17 Q. When were those photographs taken?
18 A. That was on Friday, 24th May 1996.
19 Q. Were these photographs taken in the village of
21 A. Yes, this is taken on the highway. The photographs you
22 will see is just off the highway.
23 Q. Can you explain to the court and counsel what is
24 depicted just generally in these three photographs?
25 A. It's three photographs of the mosque in Gromiljak.
1 Q. Could you start, please, by taking photograph Z1/693 and
2 placing that on the ELMO? Please begin your
3 description, Mr. Leach?
4 A. This is a photograph of the mosque the Gromiljak. The
5 mosque is actually on the highway as you drive past.
6 It's to your left if you are driving towards Kiseljak.
7 Q. Will you turn, please, to photograph Z1/698? What does
8 that photograph depict, Mr. Leach?
9 A. That's the inside of the mosque at Gromiljak.
10 Q. Lastly, would you turn to photograph Z1/71?
11 A. That is the outside of the mosque at Gromiljak. Similar
12 to those that you may have seen earlier, the minaret has
13 fallen from the outside and fallen across the outside of
14 the gardened area.
15 Q. Could you point out in that particular photograph where
16 the minaret once stood?
17 A. (Indicating).
18 Q. You are pointing to the middle portion of that building;
19 is that correct?
20 A. That's correct, your Honours, yes.
21 Q. If you would kindly reassemble that Prosecutor's
22 Exhibit 67, and, your Honours, I would request that
23 Prosecutor's Exhibit 67 be admitted into evidence.
24 Mr. Leach, now you have been in this area many times,
25 have you not?
1 A. Yes, sir, I have.
2 Q. Are there some Catholic churches in and around this area
3 that you have been testifying about?
4 A. Yes.
5 Q. Were those Catholic churches destroyed?
6 A. No.
7 Q. Are they still intact?
8 A. Yes.
9 Q. How many Catholic churches are there? Any recollection?
10 A. Three, four.
11 Q. Mr. Leach, I would like to turn your attention to another
12 location, which is the village of Hercezi?
13 A. Yes.
14 Q. Let me ask you, please, Mr. Leach, first of all, could
15 you take Exhibit 29D, place that on the ELMO and
16 indicate to the court and counsel the location of that
17 particular village.
18 JUDGE RIAD: Excuse me, Mr. Harmon. I only ask. Was only
19 the mosque in Gromiljak destroyed or other houses
20 destroyed too?
21 A. From memory, your Honour, there is another house
22 adjacent to the mosque in Gromiljak destroyed. The
23 remainder of the village is still inhabited. There are
24 cafes. There is a church almost opposite, a new
25 church, a factory building nearby. The houses are
1 occupied, I understand, by Bosnian Croats.
2 JUDGE RIAD: Thank you very much.
3 MR. HARMON: Mr. Leach, what do the 1991 census figures show
4 in respect of the village of Hercezi?
5 A. The total population in Hercezi was 182. 140 were
6 Bosnian Muslim; 42 Bosnian Croat.
7 Q. Mr. Leach, what is the time and the distance from the
8 Kiseljak Barracks to the village of Hercezi?
9 A. I don't have that information. It's probably in the
10 region of about 7 kms.
11 Q. Now we are going to be going to video tape number 19.
12 Could you please explain to the court and counsel what
13 will be seen on video tape 19?
14 A. This is a clipping of two sections of video one again is
15 taken from the air in May 1996. The other is taken
16 from the ground, from a static position, stood adjacent
17 to the mosque at Hercezi.
18 Q. Your Honours, and counsel, this video tape is
19 approximately one minute long. Could we dim the
20 lights, please, and play tape number 19?
21 (Video tape played)
22 A. The mosque is in the upper left-hand portion of the
23 screen at the moment, right in the corner. The
24 helicopter is circling round. The mosque is now moving
25 into better view. It is now almost in centre picture.
1 That was the aerial view. This is what you see from
2 the ground. The first building, the one in the main
3 picture in the foreground, is the mosque. The building
4 adjacent to that appeared to be some kind of residence
5 for the Imam.
6 Q. Your Honour, I would ask that tape number 19 be admitted
7 as Prosecutor's Exhibit 62/2. As my next exhibit, your
8 Honour, I would tender as Prosecutor's Exhibit 68 a
9 photo album. Mr. Leach, let me begin by asking you, are
10 these photographs that were taken in the village of
12 A. Yes, they are, your Honour.
13 Q. When were those photographs taken?
14 A. On Friday, 24th May 1996.
15 Q. Do these photographs accurately depict the damage that's
16 shown of this particular building?
17 A. Yes, they do.
18 Q. All right. Your Honour, I would ask that Prosecutor's
19 Exhibit 68 be admitted into evidence. Please,
20 Mr. Leach, would you just put those photographs on the
21 ELMO, starting with Z1/689, and explain to court and
22 counsel what's depicted in that photograph?
23 A. That is a still photograph of what you have seen from
24 the video footage. The mosque is the left-hand
25 building and what appeared to be a residence was a
1 right-hand building, the residence being the one with
2 the white car near to it.
3 Q. Mr. Leach, would you now place photograph Z1/690 on the
5 A. That's --
6 Q. Please explain what that photograph depicts?
7 A. That's the picture from the side of the bidding. The
8 residence is behind this. This is the mosque with the
9 graveyard in the foreground.
10 Q. Lastly, would you please place photograph Z1/779 on the
11 ELMO and explain to counsel and the court what is
12 depicted in that photograph?
13 A. This is the inside of the mosque at Hercezi.
14 Q. All right. Thank you very much, Mr. Leach. Now I'm
15 going to turn your attention to a large aerial
16 photograph, which we would tender as Prosecutor's
17 exhibit number 69. Mr. Leach, before you as Prosecutor
18 exhibit 69, an aerial image, could you first of all
19 please explain the source of that image and the date it
20 was taken?
21 A. This is further photographs provided by the British
22 Ministry of Defence in accordance with Rule 70. This
23 photograph was taken on or about 11th October 1994.
24 Q. Your Honour, noting the reservations of counsel, we
25 would move to introduce Prosecutor's Exhibit 69 into
2 JUDGE JORDA: All right.
3 MR. HARMON: Mr. Leach, would you be so kind as to walk us
4 through that particular photograph, explaining the
5 salient features in it?
6 A. Yes, your Honours. You can see the main highway, which
7 starts at the top of the photograph and goes to the
8 bottom of the photograph. The road to Kiseljak would
9 be in that direction, which would be south. The
10 highway, there you travel north to Busovaca. If one
11 turned off the highway, as you have seen from the aerial
12 photograph and the stills and the video, this is now the
13 village of Svinjarevo. Svinjarevo mosque is marked
14 where this label is here. That was the building which
15 actually still has the roof intact, but you have seen
16 the still photographs of the mosque.
17 Q. Your Honour, I would next tender a large aerial
18 photograph as Prosecutor's exhibit number 70. Now,
19 Mr. Leach, would you kindly first of all describe to the
20 court the source of this photograph and the date it was
22 A. This is again a photograph provided by the British
23 Ministry of Defence under Rule 70 and was taken on or
24 about 11th October 1994.
25 Q. Again subject to the reservations noted by counsel, your
1 Honour, we would move to admit Prosecutor's exhibit
2 number 70 into evidence. Mr. Leach, would you kindly
3 walk us through the salient features that are depicted
4 on Prosecutor's exhibit number 70?
5 A. Yes, your Honours. The main highway is again on the
6 photograph here (indicating). If I start at the top of
7 the photograph, the highway would move on to Kiseljak,
8 which would be south. The mosque at Gromiljak is
9 indicated with the label, of which you have just seen
10 the video and the stills. The village of Gomionica,
11 the video footage which first started at the bottom of
12 the village, we commenced filming in this location here,
13 and Gomionica travels up on to the hillside. This is
14 the area of upper Gomionica and the main area of
15 Gomionica here. Lower Gomionica is off the picture.
16 Behrici is this area of buildings here. You would
17 travel north to Busovaca. If you went down that road a
18 couple of kilometres and turned right you would be into
19 Svinjarevo, which was in the previous photograph.
20 Q. Your Honour, I would next tender as Prosecutor's exhibit
21 number 71 another large aerial image. Mr. Leach, could
22 you first of all start by testifying about who the
23 provider was on this particular photograph?
24 A. This was again given to the Prosecutor by the British
25 Ministry of Defence under Rule 70 and again was taken on
1 or about the 11th October 1994.
2 Q. Again, your Honour, noting the reservations of counsel,
3 we would move to introduce Prosecutor's exhibit number
4 71 into evidence. Mr. Leach, will you please orient us
5 in respect of this particular exhibit?
6 A. Again, your Honours, the main highway between Busovaca
7 and Kiseljak is here (indicating). The mosque at
8 Gromiljak is here. This photograph has in effect moved
9 south from the one you saw previously and now has lower
10 Gomionica on it, which is this area here. It again has
11 upper Gomionica to the left.
12 JUDGE JORDA: Excuse me, but isn't this somewhat like the
13 preceding one, as far as Behrici? Didn't we see
14 something like that already?
15 A. You have seen something similar. The difference with
16 this photograph is this includes all of Gomionica,
17 including lower Gomionica, which was not on the previous
18 photograph. At the bottom you will see labelled
19 "Behrici" only a portion --
20 JUDGE JORDA: So this is further north. This is further
21 north then -- further south, rather. Further south?
22 A. That's right.
23 JUDGE JORDA: Yes, thank you. Pardon me.
24 A. And middle Gomionica is this area, your Honours.
25 MR. HARMON: Your Honour, I have one more large photograph
1 to complete this series. I can do it now or after the
2 recess, whichever is the court's pleasure.
3 JUDGE JORDA: Do it now.
4 MR. HARMON: Then I would tender as Prosecutor's Exhibit 72,
5 the last of the series of large aerial photographs in
6 this sequence. Mr. Leach, what is the source of this
7 particular photograph?
8 A. This is again, your Honours, the British Ministry of
9 Defence provided under Rule 70 and again taken on or
10 about 11th October 1994.
11 Q. Your Honour, subject to again noting the reservation of
12 counsel in respect of this exhibit, we would move to
13 admit Prosecutor's exhibit number 72 into evidence.
14 THE REGISTRAR: This is 72.
15 MR. HARMON: I thought that's what I said. If I misspoke,
16 I apologise. It should be 72. Mr. Leach, will you
17 kindly orient us in respect of Prosecutor's Exhibit 72?
18 A. Yes, your Honours. You saw three previous photographs
19 of this area. This now covers the whole area. The
20 main highway goes almost through the whole of the centre
21 of the photograph. As indicated, the road to Kiseljak
22 at the top, followed by Gromiljak mosque. Again on
23 this photograph lower Gomionica isn't shown. Middle
24 Gomionica and upper Gomionica are there, as is
25 Behrici. If one goes down the photograph, that is in
1 effect travelling north, there is Svinjarevo and
2 Svinjarevo mosque. Over to the right, the top right-hand
3 corner, is the location of the mosque at Hercezi.
4 Q. Thank you, Mr. Leach. At this point, your Honour, it
5 would be appropriate to take the recess.
6 JUDGE JORDA: We will begin again at 5 o'clock.
7 (4.35 pm)
8 (Short break)
9 (5.00 pm)
10 JUDGE JORDA: We can now resume. Have the accused brought
11 in, please.
12 (Accused re-enters court)
13 JUDGE JORDA: Mr. Harmon, do you think you will be finished
14 by 6 o'clock?
15 MR. HARMON: Yes, your Honour.
16 JUDGE JORDA: As you said. Yes, thank you. The floor is
18 MR. HARMON: Thank you, Mr. President. Mr. Leach, I would
19 like to turn your attention to the village of Visnjica
20 and ask you, first of all, when did the HVO attack the
21 village of Visnjica?
22 A. That was 18th April 1993.
23 Q. Would you start by looking at Exhibit 29D placing it on
24 the ELMO and pointing out to counsel and the Trial
25 Chamber the location of the village of Visnjica?
1 A. (Indicating).
2 Q. All right. Thank you, Mr. Leach. Turning your
3 attention to the 1991 census figures, what are the
4 census figures for that particular village?
5 A. The total population in 1991 was 942, of which 714 were
6 Muslim, 1 Serb, 216 Bosnian Croats, 3 Yugoslav and 8 of
7 another origin.
8 Q. Mr. Leach, what is the time and the distance from the
9 Kiseljak Barracks to the village of Visnjica?
10 A. It's approximately 5.2 kms, which would take
11 approximately eight minutes by car.
12 Q. Have you personally been to the village of Visnjica?
13 A. Yes, I was.
14 Q. Could you describe your observations of that particular
16 A. This village is on a very low area of level ground off
17 the main highway. It straddles approximately 2.5-3 kms
18 from the main highway into the countryside. There are
19 -- there is a lot of damage as you get deep into the
20 village. The areas substantially nearer the highway
21 for approximately 1.5-2 kms, there is limited damage in
22 those areas.
23 Q. Thank you, Mr. Leach. Now, your Honours, I would like
24 to tender Prosecutor's Exhibit 73, a photo album.
25 Mr. Leach, would you first of all explain where these
1 photographs are taken?
2 A. Yes, your Honours. These photographs were taken in
3 Visnjica itself. They were taken on Thursday, 23rd May
5 Q. Were you personally present when these photographs were
7 A. Yes, I was.
8 Q. Do they accurately depict the damage to the structures
9 that are identified in these particular photographs?
10 A. Yes.
11 Q. Your Honour, we would ask that Prosecutor's Exhibit 73
12 be admitted into evidence. Please, Mr. Leach, will you
13 start by taking photograph Z1/601, placing it on the
14 ELMO and explaining to counsel and the court what's
15 depicted in that particular photograph?
16 A. Your Honours, this is a photograph of the mosque in
17 Visnjica. This building is almost at the end of the
18 village, one of the furthest points away from the main
19 highway. Again, as in the other pictures of mosques
20 that you have seen today, in the area located you can
21 see where the minaret was stood.
22 Q. All right, Mr. Leach. Would you now turn your attention
23 to photograph Z1/604? What does that photograph depict?
24 A. That's the inside of the mosque at Visnjica.
25 Q. Would you now turn to photograph Z1/630? Mr. Leach, what
1 does that photograph show?
2 A. That's a representative photograph of the type of damage
3 you would see in the village of Visnjica.
4 Q. All right, Mr. Leach. Would you reassemble the exhibit,
5 please? Mr. Leach, I would like to turn your attention
6 to the village of Rotilj. Let me ask you when did the
7 HVO attack the village of Rotilj?
8 A. That was on 18th April 1993.
9 Q. Again turning your attention to Prosecutor's
10 Exhibit 29D, would you put that on the ELMO and please
11 orient counsel and the court as to where the village of
12 Rotilj is located?
13 A. (Indicating).
14 Q. So it's between the 2 and 3 km mark on the left-hand
15 side of the exhibit?
16 A. That's correct, yes.
17 Q. All right, Mr. Leach. Thank you kindly. Would you
18 please refer to the 1991 census figures in respect of
19 the village of Rotilj and describe them to the court?
20 A. In 1991 the total population was 472. 440 Bosnian
21 Muslim; 17 Bosnian Croat; 1 Yugoslav; and 14 of other
22 ethnic origin.
23 Q. Mr. Leach, have you been to the village of Rotilj?
24 A. Yes, I have.
25 Q. On how many occasions?
1 A. Several.
2 Q. Can you please just describe briefly the physical
3 characteristics of the village of Rotilj?
4 A. To get to Rotilj you would drive to Kiseljak town
5 centre. You would leave the town centre heading
6 north. Actually from the town centre itself you would
7 take a left turn through a series of S-bends, and then
8 you would drive along again a 2.5-3 km stretch of very
9 narrow road. That stretch of road is the village of
10 Rotilj. Again it's spread out and dispersed along a
11 valley side.
12 Q. Is it in a valley itself?
13 A. Yes, in the main it's in the valley itself, just on an
14 elevated portion to the south of the valley.
15 Q. All right. What is the time and distance from the
16 Kiseljak Barracks to the village of Rotilj?
17 A. It's approximately 4.6 kms. That's probably the
18 furthest most points -- one of the furthest most points
19 in the village. To get to that area would take
20 approximately nine or ten minutes by car, because it's a
21 very narrow road.
22 Q. Following the attack on April 18th, 1993, what was the
23 population fluctuations in the village of Rotilj, if you
25 A. It's my understanding from my enquiries that the
1 population in the village expanded substantially as a
2 large number of Bosnian Muslim civilians were placed at
3 the very furthest point in the village by the
4 authorities of the HVO.
5 Q. All right. Now, Mr. Leach, we are going to be turning
6 to another video tape. It's going to be segment 21.
7 Let me ask you, first of all, to describe to the court
8 and the counsel what will be seen on this particular
9 piece of film?
10 A. This piece of film is an aerial clipping, which will
11 give you an indication of the topography for the village
12 of Rotilj.
13 Q. All right. Can we dim the lights, please, and play
14 video tape 21?
15 (Video tape played)
16 A. This is the village travelling along from the main
17 highway in a westerly direction. Sorry. My
18 apologies. It's actually starting at the head of the
19 village and travelling towards the main highway.
20 There's an area in the village here where there's
21 destroyed houses (indicating). Another section here of
22 destroyed houses, and again the road now travels east
23 towards Kiseljak town centre.
24 Q. Your Honour, I would ask that that tape number 21 be
25 admitted as Prosecutor's Exhibit 62/3. Now, Mr. Leach,
1 I would like now to turn your attention --
2 JUDGE RIAD: Just one question.
3 MR. HARMON: I am sorry, your Honour.
4 JUDGE RIAD: You mentioned that the inhabitants were pushed
5 to the furthest side of the village of Rotilj?
6 A. Yes.
7 JUDGE RIAD: Were they chased from their homes?
8 A. What appears to have happened, your Honour, as a result
9 of my enquiries, is that refugees from other villages
10 that were attacked during this period were sent to
11 Rotilj by the HVO. They were, in effect, detained.
12 I wouldn't describe it as a camp or a similar kind of
13 camp that you would have seen in other areas of
14 Bosnia. However, there was a highly concentrated,
15 large number of Bosnian Muslims from a variety of
16 locations in Kiseljak Municipality, who were forced to
17 stay and remain in Rotilj. It was an area where they
18 were controlled, access was controlled in and out of the
20 JUDGE RIAD: After the destruction they remain in the
22 A. On my last visit there, there were still people who were
23 refugees from other villages within Kiseljak
24 municipalities. They regard themselves as refugees
25 even though they may -- because their homes are
1 destroyed and they are not able to return to their
2 former home and they are still in Rotilj or were when I
3 was last there.
4 JUDGE RIAD: Thank you.
5 MR. HARMON: Your Honour, I would like to tender as
6 Prosecutor's Exhibit 74 a large aerial photograph.
7 Mr. Leach, let me ask you again the source of this
8 photograph and the date the photograph was taken?
9 A. The source of the photograph, your Honours, is the
10 British Ministry of Defence provided under Rule 70.
11 Photograph taken on or about 11th October 1994.
12 Q. Again, your Honour, noting the reservations of counsel,
13 we would move to introduce Prosecutor's Exhibit 74 into
14 evidence. Please, Mr. Leach, would you orient us on
15 this particular photograph?
16 A. Your Honours, this is similar to the last photograph you
17 saw, but takes you again further south to Kiseljak.
18 You have the main highway from Busovaca heading south
19 into Kiseljak town. If I keep my point at the top of
20 the photograph, you have the town at the top
21 (indicating). You have Kiseljak mosque, for which you
22 have seen photographs. As I described, it's just on
23 the roadside as you drive into the town. The road into
24 Rotilj from the main town, and Rotilj village travels
25 all along this road here. This is this area here where
1 the majority of Muslim civilians were located after the
2 attacks in April. For orientation purposes, you can
3 then travel north down the main highway and again, as
4 you have seen on previous photographs, you have the
5 Gromiljak mosque almost in the centre of the picture.
6 Then labelled for you, lower Gomionica, Gomionica, upper
7 Gomionica, Behrici, and if one continued north on the
8 road to Busovaca, again one would then turn right into
9 the village of Svinjarevo, although, of course, that
10 village is not on this photograph.
11 Q. Thank you, Mr. Leach. I would like now to turn to
12 another exhibit, which will be tendered as Prosecutor's
13 exhibit number 75. Mr. Leach, referring to Prosecutor's
14 Exhibit 75, was this another photograph that was
15 provided by the British Ministry of Defence?
16 A. It is, yes.
17 Q. Pursuant to Rule 70?
18 A. Yes.
19 Q. What was the date that Prosecutor's Exhibit 75 was
21 A. On or about 11th October 1994.
22 Q. Your Honour, we would move to admit into evidence
23 Prosecutor's Exhibit 75, again recognising the
24 reservation of counsel. Mr. Leach, please, would you
25 orient us in respect of Prosecutor's Exhibit 75?
1 A. Yes, your Honours. On the bottom left-hand area is the
2 highway from Busovaca to Kiseljak. This left-hand
3 portion here is the main area of the town of Kiseljak.
4 You have the Kiseljak mosque, as indicated by the
5 label. Again one can see the road from Kiseljak centre
6 through to Rotilj, the far end of Rotilj at the end of
7 the valley. This portion here is a series of
8 buildings. You have previously seen the aerial
9 video. This is the Kiseljak Barracks. So, for
10 example, to travel to Rotilj by foot, if one wanted to
11 hike, for example, you could just hike over the hill, a
12 short distance here. This is the crest of a hill, this
13 area (indicating), probably a couple of kilometres.
14 However, if you want to drive from Kiseljak Barracks to
15 Rotilj by road in an ordinary vehicle, you would have to
16 drive from the barracks along this road to the main
17 road, through the town and then turn left to travel into
19 Q. Thank you very much, Mr. Leach. Let me now tender
20 Prosecutor's exhibit number 76. Mr. Leach, is
21 Prosecutor exhibit number 76 a photograph that has been
22 produced by the British Ministry of Defence pursuant to
23 Rule 70?
24 A. Yes, it is.
25 Q. What is the date this photograph was taken?
1 A. Again on or about 11th October 1994.
2 Q. Your Honour, we would move to admit Prosecutor's
3 Exhibit 76, subject to the reservations of counsel.
4 Please, Mr. Leach, will you please describe what's
5 depicted in Prosecutor's exhibit number 76?
6 A. In effect, your Honours, this is a blow-up of the upper
7 part of the previous photograph. You have Kiseljak
8 town or a portion of Kiseljak town here, a larger view
9 of Kiseljak Barracks. Again the crest of a hill or
10 hillside between the barracks and the village of Rotilj,
11 and the road from Kiseljak town centre. The village of
12 Rotilj starts in this area here and then continues
13 through the valley to this area here.
14 Q. Mr. Leach, we have been moving in date order in terms of
15 attacks on villages. I would like to ask you when was
16 the -- when did the HVO attack the village of Ocenici?
17 A. That was on 19th April 1993.
18 Q. Now, I would like to return back to the Vitez
19 municipality and ask you about the village of Gacice.
20 Let me ask you, first of all, when was the village of
21 Gacice attacked by the HVO?
22 A. That was on 20th April 1993.
23 Q. Can you please return to Prosecutor Exhibit 29C and
24 place that on the ELMO and point out to the court and to
25 counsel where the village of Gacice is located?
1 A. (Indicating).
2 Q. Turning to the 1991 census figures, could you tell us
3 what the 1991 census figures were for the village of
4 Gacice in 1991?
5 A. The total population was 632. Of those 325 were
6 Bosnian Muslim, 2 Bosnian Serb, 264 Bosnian Croat, 24
7 Yugoslavian, 17 of other origin.
8 Q. Mr. Leach, from the Hotel Vitez, what is the time and the
9 distance to the village of Gacice?
10 A. It's approximately 1.9 kms, possibly taking about three
11 to four minutes by car.
12 Q. Have you been to the village of Gacice, Mr. Leach?
13 A. Yes, I have.
14 Q. Now let me ask you, Mr. Leach -- we are going to be
15 turning to two more video tapes. First turn to video
16 tape 11. Let me ask you -- it's only 35 seconds long,
17 so it's going to be a very short video tape. What will
18 we be seeing in that particular tape?
19 A. This is a video taken from the air, from a helicopter
20 provided by IFOR.
21 Q. All right. Could we please dim the lights and play
22 very slowly, if possible, tape number 11?
23 (Video tape played)
24 A. This is the village of Gacice, your Honours. To the
25 right, which isn't in view, would be the chemical
1 factory with the smoke stack, which you've seen on
2 previous exhibits. So Gacice is to some effect on a
3 hilltop overlooking the chemical factory. As the --
4 the chemical factory just came into shot at the end of
5 the footage, just for a brief second.
6 Q. Mr. President, would you like that brief clip played a
7 second time? It was very short. I would ask that that
8 slip be introduced as Prosecutor exhibit 34/14.
9 Mr. Leach, while the lights remain dim, can you please
10 tell us what we'll be seeing in tape number 12?
11 A. This is a static video, panoramic view, the photographer
12 stood still, just moving round the village.
13 Q. And that's the village of Gacice?
14 A. That's correct, yes.
15 Q. All right. Please could we play tape number 12?
16 (Video tape played)
17 A. As you can see, the camera has focused in on the smoke
18 stack. It's awkward to see but through the trees and
19 the branches you can see the top red and white portions
20 of the chemical plant smoke stack, which gives an
21 indication of the village being above the actual
22 chemical plant itself. Thereafter the photographer has
23 just moved from left to right.
24 Q. Your Honour, I would ask that tape number 12 be -- I'm
25 sorry. I thought it was over.
1 A. In effect what's happened now, there was a shortcut in
2 the video, your Honours, but a full 360 degrees from
3 this part of the village is now being done by the
4 cameraman. There's another portion with the smoke
5 stack from another position in the village. In the far
6 distance you would have the town of Vitez, which would
7 be lower than the village of Gacice.
8 Q. Your Honour, I would ask that tape number 12 be admitted
9 as Prosecutor's 34/15. Next, your Honour, I would like
10 to tender Prosecutor's exhibit number 77, which is a
11 large aerial image. Mr. Leach, referring to
12 Prosecutor's exhibit number 77, is this also a
13 photograph that was submitted by the British Ministry of
14 Defence under Rule 70?
15 A. Yes, it is.
16 Q. And what was the date that this particular image was
18 A. On or about 9th November 1994.
19 Q. Have you been to the village of Gacice?
20 A. Yes, I have.
21 Q. Okay. Now, your Honour, I would move to admit
22 Prosecutor's exhibit number 77, subject to the
23 reservations of counsel. Mr. Leach, would you be so
24 kind as to orient us as to this particular photograph?
25 A. Yes, your Honours. The top left-hand portion of the
1 photograph is Vitez town, the southern edge of the
2 town. The bottom right-hand corner is the village of
3 Donja Vecerska. You have seen the opposite photograph
4 of that earlier in my testimony. You then have above
5 Donja Vecerska in the photograph in the valley below it
6 the chemical plant. Again one can see the smoke coming
7 from the chimney stack, the smoke stack. Then directly
8 above the chemical plant on the photograph is the
9 damaged portion, the destroyed portion of the village of
11 JUDGE RIAD: Excuse me. How much was Vitez damaged?
12 A. The area of Stari Vitez, which is where the concentrated
13 area of Muslim population was, had quite a large amount
14 of damage, which can be seen from some of the 1994
15 aerial exhibits. The damage was still relevant then.
16 There was less damage, although there was small areas of
17 damage in the main area of Vitez town itself, which
18 again is also apparent from the 1994 aerial photographs,
19 some of those which have previously been submitted to
20 you, your Honour.
21 MR. HARMON: Your Honour, I would next tender Prosecutor's
22 exhibit number 78, which is a photo album. Mr. Leach,
23 Prosecutor's exhibit number 78, are those photographs
24 that were taken in the village of Gacice?
25 A. Yes, they are, your Honours.
1 Q. When were those photographs taken?
2 A. They were taken on Monday, 27th May 1996.
3 Q. Were you present when those photographs were taken?
4 A. Yes, I was.
5 Q. Do these photographs accurately depict the destruction
6 that's shown in each of the images?
7 A. Yes, they do.
8 Q. Your Honour, I would ask the court to admit Prosecutor's
9 exhibit number 78. Mr. Leach, would you kindly place
10 photograph Z2/256 on the ELMO? Would you please explain
11 to the court and to counsel what that photograph
13 A. This is a photograph in the village of Gacice itself.
14 Again I should perhaps point out the smoke stack of the
15 chemical plant, which again is a good indication that
16 the village is on elevated ground, with the factory
17 below it.
18 Q. Mr. Leach, will you now turn to photograph Z2/250?
19 A. This is representative, your Honours, of the damage in
20 Gacice, as you have seen from the aerial photograph, the
21 aerial video and the video taken from the ground.
22 Q. Would you now take photograph Z2/254 and place that on
23 the ELMO? Mr. Leach, what does that photograph depict?
24 A. Again that's just a good representative example of the
25 condition of the houses in Gacice as taken in 1996 and
1 as reflected in the aerial photograph in 1994.
2 Q. All right. Thank you, Mr. Leach. Could you reassemble
3 that exhibit? Mr. Leach, now I would like to turn your
4 attention to a later time period, June of 1993, an to
5 the Kiseljak Municipality, specifically the village of
6 Tulica. First of all, Mr. Leach, would you place
7 Exhibit 29D on the ELMO? Would you kindly indicate to
8 the council and court where the village of Tulica was
9 indicated. If we could have a larger view of that, it
10 would be helpful. Okay. Thank you very much,
11 Mr. Leach. Turning to the 1991 census figures for the
12 village of Tulica, what did they show?
13 A. The total population 1991 was 280. Bosnian Muslim,
14 278; Bosnian Croat, 1; and other ethnic origin, 1.
15 Q. Mr. Leach, what is the time and the distance from the
16 Kiseljak Barracks to the village of Tulica?
17 A. It's one where you would have to -- I have only been
18 able to guestimate. I have not driven into Tulica.
19 I would approximate it at 12 kms, maybe a little less.
20 The reason I haven't driven there is I've been warned
21 previously there may be mines in the area. So I've not
22 actually been in the village itself.
23 Q. The approximate distance you said approximately 12 kms?
24 A. Yes. Not actually having physically had it measured or
25 measured it myself, I can't say any more.
1 Q. Now, Mr. Leach, we are going to turn to another film
2 clip. It's film clip number 24. As you've done
3 previously, would you please describe to the Trial
4 Chamber and to counsel what will be seen on film clip
5 number 24?
6 A. This is the village of Tulica photographed from the air
7 from an IFOR helicopter.
8 Q. When was that photograph, that film clip taken?
9 A. 26th May 1996.
10 Q. All right. Can we have the lights dimmed, please, and
11 roll film clip number 24?
12 (Video tape played)
13 A. The date was 27th May 1996. I apologise. This is the
14 village of Tulica. Again it's reasonably well spread
15 out, as one can see. It's on a hilltop. In effect,
16 the helicopter travels around the village just to circle
17 it. The majority of damage coming to the Eastern part
18 of the village, overhead, below now, and then on the
19 other side of the knoll of the hill: there one can see
20 the considerable amount of damage to the houses there.
21 Q. Your Honour, I would ask that film clip number 24 be
22 introduced and admitted as Prosecutor's Exhibit 62/4.
23 One last question, Mr. Leach, about the village of
24 Tulica. When did the HVO attack the village of Tulica?
25 A. That was on 12th June 1993.
1 Q. Mr. Leach, I would now like to turn your attention to the
2 village of Han Ploca. When did the HVO attack the
3 village of Han Ploca?
4 A. That was 13th June 1993.
5 Q. Could you again return to Prosecutor's Exhibit 29D,
6 place it on the ELMO and orient the court and counsel to
7 the location of the village of Han Ploca?
8 A. (Indicating).
9 Q. Mr. Leach, what is the time and the distance from the
10 Kiseljak Barracks to the village of Han Ploca?
11 A. It's approximately 8.8 kms to Han Ploca, which would
12 take approximately seven to eight minutes.
13 Q. All right. Once again, Mr. Leach, we're going to turn
14 to a video clip. It will be video clip number 23.
15 Would you please explain to the court and counsel what
16 they'll see in video clip number 23?
17 A. This is again an aerial view of Han Ploca taken from an
18 IFOR helicopter on 27th May 1996.
19 Q. Could we have the lights dimmed, please, and play film
20 clip number 23?
21 (Video tape played)
22 A. This section of the village is close to the main road
23 but again is elevated on a hillside. The houses in
24 this area are on the hill and were damaged, as could be
1 Q. Your Honour, that was perhaps our quickest film. Would
2 the court care to see this brief clip replayed? All
3 right. Your Honour, I would ask that film clip number
4 23 be admitted as Prosecutor's exhibit 62/5. Your
5 Honour, my last exhibit which I would tender to the
6 court today is exhibit number 79. It's a summary of
7 distances and times. Mr. Leach, referring to
8 Prosecutor's exhibit number 79, would you please inform
9 us what that particular exhibit is?
10 A. Yes, your Honours. As part of the investigation a
11 member of the investigative team travelled throughout
12 the area recording the distances as indicated here
13 either by car or by foot. I have personally travelled
14 these areas many, many times myself and have verified
15 these distances, obviously subject to the difference in
16 the calibration of an odometer on the car, the
17 speedometer. We were not able to get a calibrated
18 speedometer one would normally like for the distance by
19 car. This is a very good representative sample of the
20 distance by car of two various locations from the Hotel
22 As regards travelling those routes and distances
23 and times, again I should stress that that is done under
24 normal driving conditions with good road surface,
25 without any delays or halts for any reason, a straight
1 drive from A to B.
2 Q. The various locations that are described in there start
3 from the Hotel Vitez, is that correct, Mr. Leach?
4 A. Yes. The first portion starts from the Hotel Vitez to
5 locations in Vitez. The second portion deals with from
6 travelling from Hotel Vitez to locations in Stari Vitez,
7 the Muslim area. The third portion, on page 2, relates
8 to other relevant locations, about which you will hear
9 other witnesses testify, such as the BritBat Echelon
10 Garage, the main Brit BatBase in Vitez, the Kiseljak
11 Barracks. Thereafter page 2 continues with distances
12 to the villages in the Vitez Municipality. Thereafter
13 page 3 and page 4 deal with distances from the former
14 JNA Barracks, which became the HVO headquarters in
16 Because the barracks in Kiseljak is not in the
17 centre of the town, you will see two sets of figures,
18 one for travelling from the barracks; the second set of
19 figures for each location as if you travelled from the
20 centre of Kiseljak town itself. So that gives you a
21 balance between the two locations within Kiseljak.
22 Q. Your Honour, I would ask that Prosecutor's Exhibit 79 be
23 admitted into evidence. Your Honour, that concludes my
24 examination of Mr. Leach. Thank you.
25 JUDGE JORDA: I think that we will stop our work now.
1 I remind you that we will resume on Friday at 10 o'clock
2 and it will be devoted to the time that the Defence
3 considers appropriate for his examination of Simon Leach
4 and any possible questions that the judges might wish to
5 ask. Under those circumstances the hearing is
6 adjourned until Friday.
7 (5.55 pm)
8 (Hearing adjourned until Friday morning at 10 o'clock