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act reasonably in concluding from the evidence of Mr. Seferovi} that the Appellant was
responsible for the killing of the two policemen. The Appeals Chamber does not accept as
inherently implausible the witness’ claim that the reason why he returned to the town where
the Serbian paramilitary forces had been attacking, and from which he had escaped, was to
feed his pet pigeons. It is conceivable that a person may do such a thing, even though one
might think such action to be an irrational risk. The Trial Chamber, after seeing the witness,
hearing his testimony, and observing him under cross-examination, chose to accept his
testimony as reliable evidence. There is no basis for the Appeals Chamber to consider that
the Trial Chamber acted unreasonably in relying on that evidence for its finding that the
Appellant killed the two men.
C. Conclusion
67.
The Appellant has failed to show that Nihad Seferovi}’s reliability as a witness is
suspect, or that his testimony was inherently implausible. Since the Appellant did not
establish that the Trial Chamber erred in relying on the evidence of Mr. Seferovi} for its
factual finding that the Appellant killed the two men, the Appeals Chamber sees no reason
to overturn the finding.
Case No.: -94-1-A
15 July 1999