27
60.
The Defence asks the Appeals Chamber to reverse the Trial Chamber’s finding that
the Appellant is guilty of the murders of Edic Besi} and the man identified by the name of
Osman.94
2. The Prosecution
61.
The Prosecution argues that the Appeals Chamber, being an appellate body, cannot
reverse the Trial Chamber’s findings of fact unless it were to conclude that the Defence has
proved that no reasonable person could have come to the conclusion reached by the Trial
Chamber based on the evidence cited by it. 95
62.
The Prosecution claims that the Defence misrepresented the Trial Chamber’s
findings with respect to Dragan Opaci} in order to taint Mr. Seferovi} by association as an
unreliable witness. Having lied about his family situation, Mr. Opaci} had clearly aroused
the Prosecution’s fears about his credibility. Consequently, he was withdrawn as a witness
as a precautionary measure. The Trial Chamber asked the Prosecution to investigate this
matter and, having examined the situation, the Prosecution found that the investigation did
not support the Defence allegation that Mr. Opaci} was planted by the Bosnian government.
63.
The Prosecution submits that the attempt to taint Mr. Seferovi}’s credibility by
assimilating his position to that of Mr. Opaci} fails because the Trial Chamber concluded
that the circumstances surrounding the testimony of the latter were unique to him. The
situation of Mr. Seferovi} was not similar to that of Mr. Opaci}. There was no need to
require corroboration of his testimony because the Trial Chamber concluded that he was a
reliable witness.
B. Discussion
64.
The two parties agree that the standard to be used when determining whether the
Trial Chamber’s factual finding should stand is that of unreasonableness, that is, a
94
In its submissions, the Defence refers to the victim identified by the Trial Chamber only as one “Osman”, by
the name “Osman Didovic”. The Appeals Chamber is not here called upon to determine whether the name
thus given by the Defence is accurate.
Case No.: -94-1-A
15 July 1999