Thaci case and others: Evidence is accepted that was used during testimony from forensic expert Clarke

This witness had testified during the January 22nd 2025 and January 23rd 2025 sessions, reports the “Justice Trust“.

With the December 16, 2024 ruling, Clarke, who is a forensic pathologist, has qualified to testify as an expert on the matter. However, the decision to accept documents on evidence that he had concluded was postponed until after he witnessed in the courtroom.

The prosecution says the proposed evidence concerning this witness is reports of experts, stem material and other related evidence.

The defense, on the other hand, had said that the prosecution did not clearly indicate which of the evidence offered by this witness was intended to use to confirm their contents, knowing that the witness himself had expressed doubts.

The defence also in its statements has said that reports of autopsy offered are reports of third and unacceptable experts under the 149 Rule.

Also, they claim that evidence that has nothing to do with this witness, what they were not told, and Clarke has not given comments during his examinations, cannot be offered for admission into evidence, respectively.

The defense also states that two articles from these documents are statements of witnesses and are not acceptable through this witness.

In material evidence, Kadri Wessel's protection had submitted three pages to be admitted to SPS trials, and Krasniqi's was no less than proposing two materials for admission into evidence.

In his decision, the court said that some of the proposed evidence did not have a corresponding translation of what the prosecution was ordered to ensure without delay.

On the other hand, the court has said that the expert's report has more to do with general matters about legal medicine and contains information on the circumstances of the deaths of alleged victims mentioned in the indictment. They also say that in principle this document is authentic and has provative value.

The trial's “Trup recalls his finding that W04874 is an expert in legal medicine and estimates that his expertise report has to do and is limited to legal medicine. Furthermore, although the report is based on information collected by third parties, the court estimates that W04874 has enough direct knowledge of that information and possesses the expertise needed to give evidence of the”, the decision says.

Although this report had received a reference number, the court ordered that the status of this test be changed as evidence. The notes he made during his testimony on a document are also required to be accepted in evidence.

According to the prosecution, these notes concern a victim mentioned in the indictment, for which the court has considered to be authentic and have provative value.

Similarly, as if the expertise report were numberd reference that changed to it as accepted evidence.

In contrast, the source material under the decision consisted of autopsy reports from the Institute of Legal Medicine in Pristina, the Belgrade Faculty of Medicine, the Office for Missing Persons and the Legal Medicine of the United Nations Mission, the Office for Examnation and Identification of Serbia and Montenegro, as well as Serbia's Co-ordination Centre for Kosovo.

These stem materials also contained a death certificate and a medical report released by the Institute of Legal Medicine in Pristina. There were also photos, investigative reports of EULEX, an investigative judge at the District Court in Prizren and Serbian police.

“In terms of reports of autopsy not conducted by W04874, the court recalls its findings regarding basic information prepared by third parties. The court does not consider that these reports are themselves <x1 ... expert witness reports” in the sense of Rule 149. Likewise, the court does not consider their authors to be the <x3-directors of the third parties”, as the defence claims. Rather, these reports are source material that W04874, a forensic pathologist qualified as an expert in the sense of Rule 149, had the right to consult and assess during the preparation of his expertise report. The weight and profitable value of the basic material will be valued in this light”, the decision says.

The court is also said to examine the weight of testing these documents and reject the argument of protection that documents derived from Serbian authorities naturally carry prejudice or inaccuracies.

The panel has also approved Krasniqi's and Wessel's defence request for admission into material evidence proposed documents by them.

“E PRANON Partly Request; PRANON as proof the following articles and each translation of them, including translations according to paragraph 43%i below: (i) P01991 MFI; (i) P01989 MFI; (ii) P0190 MFI; (iv) P01992 P01993 MIF; (vi) SYTF004169- SYTF00414223 - ET; (vi) SPOE00113615-00113639; (vii) SPOE001110 - SPOE001113; (ix) IT-04-84bis P00484. E; (x) U002-6536-U002-6539; (x) IT-04-84bis P00488; (xi) SPOE00068507-00068514 RED; (xii) SYTF00200337 - SYTF002034 0 - ET; (xiv) 0189-0855-0189-0857 - ET Revised; (xv) 0189-0858-0189-0874 - ET Revised; (xvi) 200041 MPH; (xvi) 400103 MPH; and (xvii) 400104 MPH; c) E REFUZE accept the following articles: (i) SYTF405633 - SYTF405638 - ET; and (i) SPOE00111801-00111808”, the decision says.

Meanwhile, on April 15th 2025, the prosecution has announced that it has completed presenting evidence in the case.

The Specialised Prosecutor's Office, on September 30th 2022, has handed over the confirmed amended indictment against Hashim Thaci, Kadri Veselini, Jakup Krasniqi and Rexhep Selimi, which consists of ten points on charges, where the latter are charged with war crimes and crimes against humanity.

On April 29th 2022, the Specialised Prosecutor's Office had handed over a amended indictment to Hashim Thaci, Kadri Wessel, Rexhepi and Jakup Krasniqi, where four indictees have committed war crimes even in Gjilan, Budakov and Semtish.

On November 9th 2020, in their first appearances, Hashim Thaci's Jakup Krasniqi has been declared innocent of the charges placed on them. Wessel has also been declared in his presentation on November 10th, as has Rexhep Selimi on November 11th.

The incident against Hashim Thaci, Kadri Veselin, Rexhep Selimi and Jakup Krasniqi is confirmed on October 26, 2020. /Periscope/