IN THE TRIAL CHAMBER

Before:
Judge Alphons Orie, Presiding
Judge Amin El Mahdi
Judge Rafael Nieto-Navia

Registrar:
Mr Hans Holthuis

Decision of:
2 April 2003

PROSECUTOR
v.
STANISLAV GALIC

Office of the Prosecutor:

Mr. Mark Ierace

Ms. Mara Pilipovic
Mr. Stephane Piletta-Zanin

TRIAL CHAMBER I, Section B ("the 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 ("the Tribunal");

NOTING that the Defence orally requested that Dr. Dunjic, the expert witness in forensic medecine called by the Defence, be recalled in rejoinder;¹

NOTING that the testimony of Jonathan Tait-Harris, which comments upon the taking of a photograph, which he took, of Witness G’s back, is the only evidence in rebuttal; that the Defence cross-examined the witness;

CONSIDERING that the Trial Chamber denied further medical expertise to be presented as rebuttal evidence;

CONSIDERING that rejoinder evidence is meant to respond to rebuttal evidence and is therefore limited to what directly arises out of rebuttal evidence and could not be expected to have been addressed during the Defence case;

CONSIDERING that, during his examination-in-chief, the expert witness Dunjic has pointed at a discrepancy between the information contained in the medical report and the information provided by Witness G in respect of the exact location of the entry wound on the latter’s back; and that therefore the testimony of Mr. Tait-Harris does not add to the information submitted to the expert witness anything as arising directly out of rebuttal evidence;

CONSIDERING that Dr. Dunjic’s domain of expertise does not qualify him to comment on the taking of the photograph and consequently his evidence would not concern the same matter as the testimony of Mr. Tait-Harris;

FOR THE FOREGOING REASONS,

PURSUANT to Articles 20 and 21 of the Statute and Rule 86 of the Rules of Procedure and Evidence,

DENIES the Request.

Done this Second Day of April 2003
At The Hague,
The Netherlands.

______________________
Alphons Orie,
Presiding Judge

[Seal of the Tribunal]