BEFORE A BENCH OF THE APPEALS CHAMBER

Before:
Judge Shahabuddeen, Presiding
Judge Vohrah
Judge Nieto-Navia

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of:
10 October 2000

PROSECUTOR

v.

MIROSLAV KVOCKA
MILOJICA KOS a/k/a "KRLE"
MLA–O RADIC a/k/a "KRKAN"
ZORAN ZIGIC a/k/a “ZIGA”
DRAGOLJUB PRCAC

_______________________________________________________

DECISION ON APPLICATION FOR LEAVE TO APPEAL

_______________________________________________________

Counsel for the Prosecutor:

Ms. Brenda Hollis

Counsel for the Defence:

Mr. Krstan Simic for Miroslav Kvocka
Mr. Zarko Nikolic for Milojica Kos
Mr. Toma Fila for Mlado Radic
Mr. Slobodan Stojanovic for Zoran Zigic
Mr. Jovan Simic for Dragoljub Prcac

 

THIS BENCH 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 Bench" and "the International Tribunal" respectively),

BEING SEIZED OF the "Joint Application of the Accused Kvocka, Kos, Radic, Zigic and Prcac for Leave to Appeal the Oral Decision of Trial Chamber I of 30 August 2000 on the Prosecution’s Confidential Motion to Revise Witness List of 21 August 2000", filed confidentially on 5 September 2000 ("the Application for Leave to Appeal");

NOTING the oral decision of Trial Chamber I rendered on 30 August 2000 ("the Impugned Decision") granting the "Prosecution’s Motion to Revise Witness List", filed confidentially on 22 August 2000 with regard to revising the witness list in respect of seven new witnesses (collectively "the New Witnesses");

NOTING FURTHER that the Impugned Decision held that: (i) the Prosecution shall fulfil its disclosure obligations; (ii) the New Witnesses shall be called only in the last session of the Prosecution’s case-in-chief; (iii) no extension of time was allowed for the Prosecution’s case-in-chief; and (iv) the Defence may seek, at the conclusion of the testimony of the New Witnesses redress, for potential prejudice suffered and for any inability to adequately prepare;

CONSIDERING that the Application for Leave to Appeal submits, inter alia that: (i) the Impugned Decision "is contrary to the fair trial provisions contained in Article 20 and 21 of the Statute"; (ii) the Impugned Decision "is contrary to the Rule 65ter and Rule 73bis"; and (iii) the only appropriate remedy would be "to deny the Prosecution request to call the New Witnesses at trial";

CONSIDERING that the Application for Leave to Appeal is filed pursuant to Rule 73 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules") which, inter alia, limits interlocutory appeals to the following two instances:

  1. If the decision impugned would cause such prejudice to the case of the party seeking leave as could not be cured by the final disposal of the trial including post-judgement appeal;
  2. If the issue in the proposed appeal is of general importance to proceedings before the Tribunal or in international law generally;

FINDING that the Application for Leave to Appeal has failed to establish that any alleged prejudice arising from the Impugned Decision could not be cured by the final disposal of the trial including post-judgement appeal;

FINDING that the Application for Leave to Appeal has failed to establish the existence of an issue of general importance to proceedings before the International Tribunal or in international law generally;

HEREBY REJECTS the Application for Leave to Appeal.

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

 

________________________________
Judge Shahabuddeen
Presiding

Dated this tenth of October 2000
At The Hague,
The Netherlands.

[Seal of the Tribunal]