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:
18 June 2002
PROSECUTOR
v.
STANISLAV GALIC
______________________________________________
DECISION ON CERTIFICATION PURSUANT TO RULE 73(B) REGARDING WITNESS BERKO ZECEVIC
______________________________________________
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 Request of the Defence for certification of interlocutory appeals pursuant to Rule 73 (B) filed on 6 June 2002 (the "Application for Certification");
NOTING the Trial Chamber’s decision dated 31 May 2002 granting leave to the Prosecution to call Mr. Berko Zecevic as an expert witness (the "Impugned Decision");
CONSIDERING that pursuant to Rule 73 (B), the Trial Chamber may certify that an interlocutory appeal during trial from a decision involving evidence or procedure is appropriate for the continuation of the trial upon a request made within seven days of the issuing of the decision;
CONSIDERING that the Defence argues that (i) Berko Zecevic is not an impartial expert as he was mandated to write a report at the Bosnian authorities’ request, (ii) Berko Zecevic is a fact witness, therefore the admission of his report should not have been made under Rule 94 bis, (iii) the hearing of Berko Zecevic will cause prejudice to the Defence, and (iv) the resolution of this question at this stage of the proceedings by the Appeals Chamber will allow a fair and expeditious continuation of the trial;
FINDING that the Impugned Decision does not involve 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; that therefore an interlocutory appeal on the Impugned Decision is not appropriate;
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 I
Dated this 18th Day of June 2002
At The Hague,
The Netherlands.