IN THE TRIAL CHAMBER

Before: Judge Richard May, Presiding

Judge Mohamed Bennouna

Judge Patrick Robinson

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 17 March 1999

 

PROSECUTOR

v.

MIROSLAV KVOCKA
MILOJICA KOS
MLADO RADIC
ZORAN ZIGIC

___________________________________________________________

ORDER GRANTING REQUEST FOR ADMISSION
OF TESTIMONY OF EXPERT WITNESS

____________________________________________________________

The Office of the Prosecutor:

Ms. Brenda Hollis
Mr. Michael Keegan
Mr. Kapila Waidyaratne
Mr. James Cowles

Counsel for the Accused:

Mr. Krstan Simic, for Miroslav Kvocka
Mr. Zarko Nikolic, for Milojica Kos
Mr. Toma Fila, for Mlado Radic
Mr. Simo Tosic, for Zoran Zigic

 

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 the "Prosecutor’s Request for admission of testimony and evidence of expert witness" filed by the Office of the Prosecutor ("Prosecution") on 11 January 1999 ("the Request"), seeking to admit into evidence the prior testimony before the International Tribunal and related exhibits of an expert witness, Hanne Sophie Greve,

NOTING the "Answer to the Prosecutor’s Request for admission of testimony and evidence of expert witness" filed on behalf of the accused, Miroslav Kvocka, on 26 February 1999 and the "Defence response to Prosecutor’s Request for admission of testimony and evidence of expert witness" filed on behalf of the three other co-accused on 1 March 1999, objecting to certain of the items sought to be admitted and requiring that the expert witness be available for cross-examination,

HAVING HEARD the oral arguments of the parties at a hearing on 9 March 1999,

PURSUANT TO Rules 54 and 94 bis of the Rules of Procedure and Evidence of the International Tribunal ("the Rules"),

HEREBY ORDERS AS FOLLOWS:

  1. the transcripts of prior testimony and related exhibits listed in Annex 1 to the Request shall be admitted as evidence in chief in this case;
  2. the Prosecution shall list the expert witness in its list of witnesses and shall ensure that the expert witness is available when called for cross-examination;
  3. the Prosecution may only examine the expert witness further in chief with leave of the Trial Chamber; and
  4. the Prosecution shall deal with any issues raised as to the authenticity of the exhibits produced through the expert witness by way of rebuttal.

 

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

_____________________

Richard May

Presiding

Dated this seventeenth day of March 1999

At The Hague

The Netherlands

[Seal of the Tribunal]