Case: IT-98-29-T

IN THE TRIAL CHAMBER

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

Registrar:
Mr. Hans Holthuis

Decision of:
2 September 2002

PROSECUTOR
v.
STANISLAV GALIC

_______________________________________

DECISION ON CERTIFICATION PURSUANT TO RULE 73(B) REGARDING EXPERT WITNESS VILMOS KOVACS

_______________________________________

Office of the Prosecutor:

Mr. Mark Ierace

Counsel for the Defence:

Ms. Mara Pilipovic
Mr. Stéphane Piletta-Zanin 

 

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

BEING SEISED of the " Defence Request for Certification to Appeal pursuant to Rule 73 (B) Hearing of Witness Vilmos Kovacs and Documents Tendered" filed on 7 August 2002 (the "Application for Certification");

NOTING the "Decision of the Admission into Evidence of Dr. Vilmos Kovacs Expert Report" dated 2 August 2002, in which the Chamber gave the reasons for the recall of expert witness Dr. Vilmos Kovacs and admitted into evidence his expert report (the "Impugned Decision");

NOTING the "Prosecutionís Response to the Defence Request for the Certification to Appeal (Concerning Expert Report of Dr. Vilmos Kovacs)" filed on 14 August 2002;

CONSIDERING that pursuant to Rule 73 (B) of the Rules of Procedure and Evidence ("the Rules"), the Trial Chamber may certify an interlocutory appeal from a decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings;

CONSIDERING that in the Application for Certification, the Defence argues that: (i) Dr. Kovacsí expert report was not filed in accordance with the Rules; (ii) that the Trial Chamber should not have admitted into evidence both the original version and the translation of this report and should have refused to hear the expert witness; (iii) the admission of this report violates the rights of the Defence, in particular the right to a fair trial, since the evidence in question was obtained under irregular conditions; and (iv) that the resolution of this question by the Appeals Chamber will materially advance the proceedings, in particular in view of the motion for judgement of acquittal;

FINDING that the Application for Certification fails to properly meet the requirements necessary to certify an appeal;

PURSUANT to Rule 73 (B) of the Rules of Procedure and Evidence;

HEREBY DENIES the Application for Certification.

 

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

______________________
Alphons Orie
Presiding Judge, Trial Chamber 1

Dated this 2nd Day of September 2002
At The Hague,
The Netherlands.

[Seal of the Tribunal]