Case No. IT-02-60-T

IN TRIAL CHAMBER I, SECTION A

Before:
Judge Liu Daqun, Presiding
Judge Volodymyr Vassylenko
Judge Carmen Maria Argibay

Registrar:
Mr. Hans Holthuis

Decision of:
03 December 2003

PROSECUTOR

v.

VIDOJE BLAGOJEVIC
DRAGAN JOKIC

__________________________________

DECISION ON PROSECUTIONíS MOTIONS TO AMEND WITNESS LIST AND ADMIT EVIDENCE UNDER RULE 92 bis

__________________________________

The Office of the Prosecutor:

Mr. Peter McCloskey

Counsel for the Accused:

Mr. Michael Karnavas and Ms. Suzana Tomanovic for Vidoje Blagojevic
Mr. Miodrag Stojanovic and Ms. Cynthia Sinatra for Dragan Jokic

 

TRIAL CHAMBER I, SECTION A, ("Trial Chamber") of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("Tribunal"),

BEING SEISED of the "Prosecutionís Motion for Admission of Witness Statements and Prior Testimony pursuant to Rule 92 bis and Incorporated Motion in limine to Admit related Exhibits," filed under seal by the Office of the Prosecutor ("Prosecution") on 14 February 2003 ("First Motion"), the "Prosecutionís Consolidated Reply Regarding its 14 February 2003 Motion for Admission of Evidence under Rule 92 bis and Incorporated Motion for Admission of Nine Additional Witness Statements under Rule 92 bis" filed by the Prosecution on 22 April 2003 ("Second Motion") and the "Prosecutionís Motion to Amend Witness List and Incorporated Motion to Admit Evidence under Rule 92 bis," filed by the Prosecution on 20 June 2003 ("Third Motion"),

NOTING that, inter alia, pursuant to Rule 92bis of the Rules of Procedure and Evidence of the Tribunal ("Rules"), the First Motion seeks the admission of testimony of witness W101, the Second Motion seeks admission of testimony of W104 and the Third Motion seeks the admission of testimony of W105,

NOTING the "First Decision on Prosecutionís Motion for Admission of Witness Statements and Prior Testimony Pursuant to Rule 92 bis" rendered by the Trial Chamber on 12 June 2003, in which the Trial Chamber has considered the jurisprudence in relation to Rule 92 bis of the Rules in detail,

CONSIDERING that the testimony of witness W101 is cumulative in nature and it is unnecessary for the testimony of this witness to be entered into evidence,

CONSIDERING that the prior testimony of witness W104 does not go to the acts and conduct of the accused and is relevant to the proceedings of this case, and the Trial Chamber does not find it is necessary for the witness to be cross-examined,

CONSIDERING that in relation to witness W105, the testimony is relevant to the proceedings of this case and the Trial Chamber allows that cross-examination of the witness is necessary,

PURSUANT TO Rule 54 and Rule 92 bis of the Rules,

HEREBY ORDERS:

    1. The removal of witness W101 from the witness list at this stage. Should the Prosecution determine at a later stage that it is necessary to reinstate this witness on the witness list, the Trial Chamber will consider such a motion;
    2. the testimony of witness W104 be entered pursuant to Rule 92 bis of the Rules, without calling the witness for cross-examination; and
    3. <

    4. the testimony of witness W105 be entered pursuant to Rule 92 bis of the Rules, while calling the witness for the purpose of cross-examination.

Done in French and English, the English version being authoritative.

______________
Judge Liu Daqun
Presiding

Dated this third day of December 2003,
At The Hague
The Netherlands

[Seal of the Tribunal]