Case No.: IT-98-33-A

IN THE APPEALS CHAMBER

Before:
Judge Theodor Meron, Presiding

Judge Fausto Pocar
Judge Mohamed Shahabuddeen
Judge Mehmet Güney
Judge Wolfgang Schomburg

Registrar:
Mr. Hans Holthuis

Decision of:
20 November 2003

PROSECUTOR

v.

RADISLAV KRSTIC

_______________________________________________________

DECISION ON THE DEFENCE SUPPLEMENTAL MOTION TO PRESENT ADDITIONAL EVIDENCE

_______________________________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Defence:

Mr. Nenad Petrusic
Mr. N. Sepenuk

 

THE APPEALS 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,

NOTING the Defence "Supplemental Motion to Present Additional Evidence Pursuant to Rule 115," filed confidentially on 4 November 2003, in which the Defence seeks to present, as additional evidence on appeal, evidence given by Mr. Dragan Obrenovic in the case of Prosecutor v. Blagojevic, No. IT-02-60-T;

NOTING the "Prosecution Response to Supplemental Motion to Present Additional Evidence Pursuant to Rule 115," filed confidentially on 11 November 2003;

NOTING the "Defence Reply to the Prosecution Response to Defence Supplemental Motion to Present Additional Evidence Pursuant to Rule 115," filed confidentially on 17 November 2003;

CONSIDERING that the evidence the Defence seeks to admit was unavailable at trial within the meaning of Rule 115 of the Rules of Procedure and Evidence of the Tribunal and could have had an impact on the verdict;1

HEREBY GRANTS the Defence Supplemental Motion;

AND ORDERS that Mr. Obrenović be present at the evidentiary hearing on 21 November 2003 and (if needed) on 24 November 2003, and that, if the witness so wishes, his counsel may be present during his testimony.

 

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

______________
Judge Theodor Meron
Presiding

Dated this 20th day of November 2003
At The Hague,
The Netherlands.

[Seal of the Tribunal]


1. See Prosecutor v. Krstic, IT-98-33-A, Decision on Applications for Admission of Additional Evidence on Appeal, 5 August 2003, at 3.