Case: IT-98-29-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Florence Ndepele Mwachande Mumba, Pre-Appeal Judge

Registrar:
Mr. Hans Holthuis

Order of:
2 February 2005

PROSECUTOR

v.

Stanislav GALIC

_______________________________________________

ORDER ON APPELLANTíS CONFIDENTIAL MOTION TO PRESENT ADDITIONAL EVIDENCE BEFORE THE APPEALS CHAMBER UNDER RULE 115

_______________________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Accused:

Ms. Mara Pilipovic
Mr. Stéphane Pilleta-Zanin

 

I, Florence Ndepele Mwachande Mumba, Pre-Appeal Judge in this case,

BEING SEISED OF a "Defence Motion to Present Before the Appeals Chamber Additional Evidences" ("Motion") filed confidentially by counsel for Stanislav Galić ("Defence") on 18 June 2004, pursuant to Rule 115 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), in which the Defence seeks to adduce twenty-one items of additional evidence relating to the proposed testimony of two witnesses; fourteen documents; parts of transcripts of four witnesses from another case; and the evidence of another witness from a case in a national jurisdiction;

NOTING the "Decision on Prosecutionís Request for Extension of Time to File Response to Defence Additional Evidence Motion of 18 June 2004," issued on 28 June 2004;

NOTING the "Prosecution Response to Defence Motion to Present Additional Evidence dated 18 June 2004" filed by the Office of the Prosecutor ("Prosecution") on 12 July 2004 ("Prosecution Response"), in which it argues that none of the evidence presented by the Defence is admissible pursuant to Rule 115;

NOTING that on 20 July 2004, the Defence filed its "Defence Replay SsicC to the Prosecutionís Response under Rule 126bis", in which it addresses inter alia the Prosecutionís objections to the submission of additional evidence;

NOTING the "Decision on Prosecutionís Request for an Extension of Pages" and the "Decision on Defenceís Request ĎPursuant to Rule 126bisí", issued on 21 July 2004;

NOTING Rule 115 of the Rules and Practice Direction IT/201 on Formal Requirements for Appeals from Judgement ("Practice Direction IT/201")1;

NOTING the "Decision on Request for Extension of Time to File Notice of Appeal" of 22 December 2003 ("Decision of 22 December 2003"), wherein it was stated that good cause was shown to grant an extension of time for the filing of the notice of appeal in this case, and the deadline in relation thereto was calculated from the date of the filing of the French translation of the Trial Judgement2;

CONSIDERING that, in light of the Decision of 22 December 2003, the Motion may be regarded as validly filed pursuant to Rule 127(B) and Rule 115(A) of the Rules, having been filed within 75 days from the filing of the French translation of the Trial Judgement;

CONSIDERING however that only partial translations of Documents 2-14 were filed with the Motion;

CONSIDERING that arguments in the Motion concerning the unavailability of the evidence at trial are presented in general terms, lack clarity, and fail to demonstrate with sufficient precision why the evidence sought to be admitted may be regarded as unavailable in accordance with the jurisprudence of the International Tribunal;

CONSIDERING FURTHER that the Motion does not identify the grounds of appeal to which the additional evidence relates;

FINDING that the Motion does not comply with the requirements set out in Practice Direction IT/201;

DIRECT the Registry to provide the full translations of Documents 2-14 to the Defence and Prosecution; and

INVITE:

1. the Defence, if it so wishes, to re-file the Motion in full compliance with Practice Direction IT/201, within 14 days of its receipt of the full translations of Documents 2-14;

2. the Prosecution, if it so wishes, to file its response to the re-filed motion, if any, within 10 days of the filing of the said motion; and

3. the Defence to file its reply, if any, to the Prosecution response within 4 days of the filing of the response.

 

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

Dated this XX day of February 2005,
At The Hague,
The Netherlands.

_____________________________
Judge Florence Ndepele Mwachande Mumba
Pre-Appeal Judge

[Seal of the Tribunal]


1. 7 March 2002, para. 11.
2. The Trial Judgement in this case was rendered on 5 December 2003; the French translation was filed on 5 April 2004.