IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Decision of:
16 September 2004
PROSECUTOR
v.
NASER ORIC
_________________________________________________
DECISION ON PROSECUTION’S MOTION TO FILE AN EXPERT STATEMENT PURSUANT TO RULE 94 bis
__________________________________________________
The Office of the Prosecutor
Mr. Jan Wubben
Counsel for the Accused
Ms. Vasvija Vidovic
Mr. John Jones
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 "Prosecution’s Motion to File an Expert Statement Pursuant to Rule 94 bis" filed on 6 September 2004 ("Motion") by the Office of the Prosecutor ("Prosecution"), requesting leave to file the expert statement of Dr. Andrew James William Gow ("Dr. Gow") and to call Dr. Gow as an expert witness, pursuant to Rule 94 bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),
NOTING the "Defence Response to Prosecution’s Motion to File an Expert Statement Pursuant to Rule 94 bis” filed on 13 September 2004 (“Response”) by the Defence of Naser Orić, stating that the Defence "wishes to cross-examine the expert witness, pursuant to Rule 94 bis (B)(ii); and (ii) does not challenge the qualifications of the witness as an expert nor the relevance of any parts of the expert report, pursuant to Rule 94 bis (B)(iii)," 1
NOTING that Dr. Gow was listed on the Prosecution’s list of witnesses in its pre-trial brief,2 and that it is the status of the witness "from fact witness to expert witness" the Prosecution wishes to change,3
NOTING that Rule 54 of the Rules provides that a Trial Chamber may issue such orders that may be necessary for the preparation or conduct of the trial,
CONSIDERING that the parties are in agreement with respect to Dr. Gow as an expert witness,
PURSUANT TO Rules 54 and 94 bis of the Rules,
HEREBY GRANTS the Motion.
Done in English and French, the English text being authoritative.
__________________
Patrick Robinson
Presiding
Dated this sixteenth day of September 2004
At The Hague
The Netherlands
[Seal of the Tribunal]