IN THE TRIAL CHAMBER

Before: Judge Adolphus G. Karibi-Whyte, Presiding

Judge Elizabeth Odio Benito

Judge Saad Saood Jan

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 16 June 1998

PROSECUTOR

v.

ZEJNIL DELALIC
ZDRAVKO MUCIC also known as "PAVO"
HAZIM DELIC
ESAD LANDZO also known as "ZENGA"

_________________________

ORDER

_________________________

The Office of the Prosecutor:

Mr. Grant Niemann

Ms. Teresa McHenry

Mr. Giuliano Turone

Counsel for the Accused:

Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene O’Sullivan, for Zejnil Delalic

Mr. Zeljko Olujic, Mr. Tomislav Kuzmanovic, for Zdravko Mucic

Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic

Ms. Cynthia McMurrey, Ms. Nancy Boler, for Esad Landzo

 

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");

NOTING the "Order" dated 9 June 1998 (Official Record at Registry Page ("RP") D6584-D6586), which required:

(1) that the Defence for Zdravko Mucic file immediately with the Registry, for service upon the other accused and the Trial Chamber a revised list of witnesses which it intends to call, having taken care to ensure that there will be no undue duplication or repetition of testimony;

(2) that the Defence for Mr. Mucic file immediately with the Registry, for service upon the other accused, the Trial Chamber and the Office of the Prosecutor, a complete list of the expert witnesses which it intends to call, stating the order in which they are to appear, the counts of the Indictment to which each will testify, a statement of the areas about which each will testify, the expected length of their examination in chief and attaching their curriculum vitae;

CONSIDERING that the abovementioned Order has in no way been complied with by the Defence for Mr. Mucic;

CONSIDERING FURTHER the duty of the Trial Chamber under Article 20 of the Statute of the International Tribunal to ensure that a trial is fair and expeditious and that proceedings are conducted with full respect for the rights of the accused, and that the rights of the other accused persons in this case may be adversely affected by the obstructive conduct of counsel for Mr. Mucic;

NOTING the obligation on all accused to file notice of the names of the witnesses they intend to call to testify each week, seven working days prior to their appearance ("Decision on the Prosecution’s Motion for an Order Requiring Advance Disclosure of Witnesses by the Defence", 9 February 1998, RP D5469-D5487) and that this obligation has not been fulfilled by the Defence for Mr. Mucic, which is scheduled to start the presentation of its case on Monday 22 June 1998;

FURTHER NOTING the "Order" dated 18 May 1998 (RP D6149-D6151) and the warning, pursuant to Sub-rule 46(A) of the Rules of Procedure and Evidence ("Rules"), contained therein;

PURSUANT TO RULE 54 of the Rules,

HEREBY ORDERS that the Defence for Zdravko Mucic comply immediately and in full with the "Order" of 9 June 1998, by:

(1) filing with the Registry, for service upon the other accused and the Trial Chamber a revised list of witnesses which it intends to call, having taken care to ensure that there will be no undue duplication or repetition of testimony, by 5.00 p.m. on Wednesday 17 June 1998; and

(2) filing with the Registry, for service upon the other accused, the Trial Chamber and the Office of the Prosecutor, a complete list of the expert witnesses which it intends to call, stating the order in which they are to appear, the counts of the Indictment to which each will testify, a statement of the areas about which each will testify, the expected length of their examination in chief and attaching their curriculum vitae, by 5.00 p.m. on Wednesday 17 June 1998;

FURTHER ORDERS that the Defence for Mr. Mucic file with the Registry, by 5.00 p.m. on Wednesday 17 June 1998, for service upon the other accused, the Office of the Prosecutor and the Trial Chamber, a complete list of the witnesses which it intends to bring to testify in the week beginning 22 June 1998;

REMINDS counsel for Mr. Mucic that he has already been warned twice pursuant to Sub-rule 46(A) of the Rules and that, should the present Order not be complied with in full, to the satisfaction of the Trial Chamber, counsel will be refused audience, the necessary consequence thus being that he will be withdrawn from representing Mr. Mucic and the defence case will be continued by co-counsel, with the assistance of such other counsel as the Registrar shall assign.

 

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

_____________________________

Adolphus G. Karibi-Whyte

Presiding Judge

Dated this sixteenth day of June 1998

At The Hague,

The Netherlands.

[Seal of the Tribunal]