Judge Florence Ndepele Mwachande Mumba

THE TRIAL CHAMBER of the International Criminal Tribunal for the former Yugoslavia ("the Tribunal"),

BEING SEISED of an Emergency Motion to limit Prosecutor’s inquiry relating to the accused Anto Furundzija, filed by Defence counsel for Anto Furundzija on 25 August 1998 ("Motion"),

ACCEPTING the argument of the Prosecution at the hearing of 24 August 1998 that the evidence involving Anto Furundzija is relevant in these proceedings for the purpose of linking the accused Vladimir Santic to events in Ahmici (as alleged), and "that the Trial Chamber is fully capable of compartmentalising that evidence",

NOTING THAT, in any event, in the trial of Prosecutor v. Furundzija evidence has been given that Anto Furundzija was present during the attack on Ahmici on 16 April 1993 (Witness B, Official Record Transcript Pages 249-253),

CONSIDERING THAT, composed as it is of professional judges, the Trial Chamber is capable of disregarding any such evidence relating to Anto Furundzija offered in Prosecutor v. Kupreskic et al. (IT-95-16-T) when the members of this Trial Chamber sit in the case of Prosecutor v. Furundzija,

NOTING ALSO the Trial Chamber’s ruling at the hearing of 24 August 1998, to the effect that whatever evidence relating to Anto Furundzija is produced in these proceedings, will not be regarded as evidence in Prosecutor v. Furundzija, because he is not present and not represented,

PURSUANT TO Rule 54 of the Rules of Procedure and Evidence,

HEREBY DISMISSES THE MOTION,

AND REMINDS both Prosecution and defence counsel for Anto Furundzija that "whatever evidence is produced in the case of Prosecutor v. Kupreskic et al. (IT-95-16-T) will not be regarded as evidence in the case of Prosecutor v. Furundzija (IT-95-17/1-T)".

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

 ___________________________

Antonio Cassese

Presiding Judge

 Dated this twenty-sixth day of August 1998

At The Hague

The Netherlands

[Seal of the Tribunal]