Decision on Prosecution's Motions for Leave to Add Exhibits and Witnesses to its Exhibit and Witness List Pursuant to Rule 65 ter (E)

Case No.: IT-01-48-PT

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Decision of:
17 October 2003

PROSECUTOR

SEFER HALILOVIC

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DECISION ON PROSECUTION’S MOTIONS FOR LEAVE TO ADD EXHIBITS AND WITNESSES TO ITS EXHIBIT AND WITNESS LIST PURSUANT TO RULE 65ter(E)

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The Office of the Prosecutor

Mr. Ekkehard Withopf
Ms. Maria Tuma

Counsel for the Accused

Mr. Ahmet Hodzic
Mr. Guénaël Mettraux

THIS 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 ("International Tribunal"),

BEING SEISED of a "Prosecution’s Motion For Leave To Add Exhibits To Its Exhibit List Pursuant to Rule 65ter(E)(iii) " confidentially filed by the Office of the Prosecutor ("Prosecution") on 8 September 2003 ("Exhibit Motion"), seeking leave to amend its Exhibit List pursuant to Rule 65ter(E)(iii) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") by adding 34 new exhibits,

ALSO BEING SEISED of "Prosecution’s Motion For Leave To Add Witnesses To its List of Witnesses Pursuant to Rule 65ter(E)(ii)" confidentially filed by the Prosecution on 19 September 2003 ("Witness Motion"), seeking leave to amend its Witness List pursuant to Rule 65ter(E)(ii) of the Rules by adding 2 new Rule 92bis witnesses,

NOTING the "Defence Response To Prosecution’s Motions For Leave To Amend Rule 65ter Lists" confidentially filed on 29 September 2003 ("Response"), requesting the Trial Chamber to deny both the Exhibit Motion and Witness Motion,¹

NOTING that the trial for this case is scheduled to commence in January 2004,

CONSIDERING that the 34 exhibits and 2 witnesses the Prosecution seeks to add to its Exhibit List and Witness List are results of recent analysis and interviews,

PURSUANT TO Rules 54 and 65ter of the Rules,

HEREBY GRANTS the EXHIBIT MOTION and WITNESS MOTION.

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

___________
O-Gon Kwon
Pre-Trial Judge

Dated this seventeenth day of October 2003
At The Hague
The Netherlands

[Seal of the Tribunal]

1. The Defence was orally granted leave during the Status Conference to file the Response in terms of the Exhibit Motion. See Status Conference, Prosecutor v. Sefer Halilovic, Case No. IT-01-48-PT, T. 153.