IN TRIAL CHAMBER II

Before: Judge David Hunt, Pre-Trial Judge

Registrar: Mrs Dorothee de Sampayo Garrido-Nijgh

Order of: 11 July 2000

PROSECUTOR

v.

RADOSLAV BRDANIN
MOMIR TALIC

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ORDER ON PROSECUTION’S ADDENDUM TO RESPONSE TO DEFENCE MOTION FOR LEAVE TO FILE ADDITIONAL WITNESS STATEMENT

_______________________________________________________

The Office of the Prosecutor:

Ms Joanna Korner
Ms Anna Richterova
Ms Anne Sutherland

Counsel for the Accused:

Mr John Ackerman for Radoslav Brdanin
Maître Xavier de Roux, Maître Michel Pitron for Momir Talic

 

I, Judge David Hunt, Pre-Trial Judge in this case;

NOTING the “Motion for the Provisional Release of Radoslav Brdanin” filed by counsel for Radoslav Brdanin (“Brdanin”) on 28 April 2000 (“Provisional Release Motion”) pursuant to which Brdanin seeks provisional release under Rule 65(B) of the Rules of Procedure and Evidence ("Rules");

NOTING the request made by counsel for Brdanin in the Provisional Release Motion to present witnesses in relation to the motion;

NOTING the Scheduling Order issued by the Trial Chamber on 25 May 2000 in which it ordered inter alia that counsel for Brdanin file statements of the witnesses he wishes to call in relation to the Motion;

NOTING the "Motion for Leave to File an AdditionSalC Witness Statement in Support of Motion for Provisional Release”, filed by counsel for Brdanin on 27 June 2000 (“Motion”), in which Brdanin sought leave to file, outside the time limit fixed in the Scheduling Order, a witness statement of Milan Trbojevic (“Witness Statement”);

NOTING the “Prosecution’s Response to ‘Motion for Leave to File an Addition Witness Statement in Support of Motion for Provisional Release’ Filed by Counsel for Radoslav Bdranin” filed by the Office of the Prosecutor (“prosecution”) on 28 July 2000, in which the prosecution submitted a request to cross-examine the witness if leave was granted for the filing of the Witness Statement;

NOTING the "Order Granting Leave to File Additional Witness Statement" issued by the Trial Chamber on 28 June 2000 ("Order on Additional Witness Statement”) in which it granted leave to file the Witness Statement and ordered that Milan Trbojevic attend the oral hearing to be held on 20 July 2000 (“Oral Hearing”) for the purpose of giving evidence and cross-examination;

NOTING the "Addendum to Prosecution’s Response to ‘Motion for Leave to File an Additional Witness Statement in Support of Motion for Provisional Release’ Filed by Counsel for Radoslav Brdanin” filed by the prosecution on 6 July 2000 in which the prosecution stated that “if Milan [Trbojevic’s] evidence is to go no further than set out in the statement served", it does not wish to cross-examine the witness at the Oral Hearing;

NOTING the prosecution’s oral confirmation that it does not take issue with the form in which the Witness Statement was taken;

HEREBY ORDER that the Order on Additional Witness Statement is varied so that Milan Trbojevic is not required to attend the Oral Hearing, but if he does attend the hearing for the purpose of giving evidence in relation to the Provisional Release Motion, he may be cross-examined in relation to any evidence given which relates to subject matter going beyond that contained in the Witness Statement.

 

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

______________________
Judge David Hunt
Pre-Trial Judge

Dated this 11th day of July 2000
At The Hague
The Netherlands

[Seal of the Tribunal]