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 REQUEST TO ADMIT A REPORT OF THE DEFENCE MILITARY EXPERT

_______________________________________________________

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 "Reply to Prosecutionís Notice and Further Notice and Filing of Rebuttal Evidence and Arguments in Compliance with the Appeals Chamberís Scheduling Order," filed confidentially on 30 October 2003, in which the Defence seeks to admit a report prepared by its military expert;

NOTING the "Prosecutionís Motion to Disallow Opinion of Appellantís Military Expert, Request for Leave to Address Recent Challenge to Admissibility of Rebuttal Documents, and Notice of Position on Outstanding Evidentiary Issues," filed confidentially on 12 November 2003;

NOTING the "Supplement to Prosecutionís Motion to Disallow Opinion of Appellantís Military Expert, Request for Leave to Address Recent Challenge to Admissibility of Rebuttal Documents, and Notice of Position on Outstanding Evidentiary Issues," filed confidentially on 13 November 2003;

NOTING the Defence "Answer to Prosecutionís Motion to Disallow Opinion of Appellantís Military Expert, Request for Leave to Address Recent Challenge to Admissibility of Rebuttal Documents, and Notice of Position on Outstanding Evidentiary Issues," filed on 16 November 2003;

NOTING the Prosecutionís "Response to ĎAnswer to Prosecutionís Motion to Disallow Opinion of Appellantís Military Expert,í" filed on 18 November 2003;

CONSIDERING that the material the Defence seeks to admit is inadmissible on appeal unless presented pursuant to Rule 115 of the Rules of Procedure and Evidence of the Tribunal;

CONSIDERING that the Defence did not seek to present this material pursuant to Rule 115;

HEREBY DISMISSES the Defence request.

 

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]