Case No.: IT-95-9-PT
IN TRIAL CHAMBER II
Before: Judge Florence Mumba, Pre-trial Judge
Registrar: Mr. Hans Holthuis
Decision of: 4 September 2001
PROSECUTOR
v.
BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
SIMO ZARIC
______________________________________________
DECISION ON THE JOINT DEFENCE REQUEST TO CROSS-EXAMINE THE WITNESSES WHOSE TESTIMONY HAS BEEN ADMITTED
PURSUANT TO RULE 92 BIS
______________________________________________
The Office of the Prosecutor
Mr. Peter McCloskey
Mr. Gramsci Di Fazio
Ms. Aisleen Reidy
Counsel for the accused
Mr. Igor Pantelic for Blagoje Simic
Mr. Slobodan Zecevic and Ms. Catherine Baen for Milan Simic
Mr. Novak Lukic and Mr. Dragan Krgovic for Miroslav Tadic
Mr. Borislav Pisarevic and Mr. Aleksandar Lazarevic for Simo Zaric
I, Judge Florence Mumba, Judge 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,
HAVING BEEN APPOINTED as pre-trial Judge in this matter by virtue of an order of the Trial Chamber dated 3 September 2001,
BEING SEISED of a "Joint Defense request to cross-examine the witnesses whose testimonies has (sic) been admitted pursuant to Rule 92 bis" (the "Motion"), filed by counsel for Blagoje Simic, Milan Simic, Miroslav Tadic and Simo Zaric (the "Defence") on 27 August 2001,
NOTING the oral decision delivered by Trial Chamber III on the "Prosecutor’s motion for the admission of transcripts in lieu of viva voce testimony pursuant to Rule 92 bis" at a hearing on 25 July 2001, pursuant to which the Trial Chamber admitted the transcripts of the testimony of Jerko Doko, Ludvik Kranjc and Osman Selak (the "three witnesses"), together with the relevant exhibits,
CONSIDERING that in its oral decision Trial Chamber III ruled that the admission of the transcripts and relevant exhibits in relation to this evidence was subject to cross-examination by the Defence,
CONSIDERING therefore that, Trial Chamber III having already ruled that the Defence will be allowed to cross-examine the three witnesses, the Motion is moot,
HEREBY DISMISS THE MOTION.
Done in English and French, the English text being authoritative.
_____________________________
Florence Mumba
Pre-trial Judge
Dated this fourth day of September 2001
At The Hague
The Netherlands
[Seal of the Tribunal]