Case No.: IT-95-9-T

IN TRIAL CHAMBER II B

Before:
Judge Florence Ndepele Mwachande
Mumba, Presiding
Judge Armajeet Singh
Judge Sharon Williams

Registrar:
Mr. Hans Holthuis

Decision of:
11 September 2001

PROSECUTOR

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
SIMO ZARIC

_______________________________________________

DECISION ON MILAN SIMICíS REQUEST FOR THE TRIAL CHAMBER TO LIMIT THE TESTIMONY OF DR. GOW

_______________________________________________

The Office of the Prosecutor

Mr. Gramsci Di Fazio
Mr. Phillip Weiner
Ms. Aisleen Reidy

Counsel for the accused

Mr. Igor Pantelic and Mr. Srdjan Vukovic 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

 

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 (the "International Tribunal"),

BEING SEISED of "Defendant Milan Simicís request for the Trial Chamber to limit the admissibility of the testimony of Doctor James Gow" (the "Motion"), filed by counsel for Milan Simic (the "Defence") on 10 September 2001, in which the Defence requests the Trial Chamber to limit the consideration of Dr. Gowís testimony, admitted in the form of transcript from other cases before this Tribunal, which goes to the issue of the character of the conflict which took place in Bosnia and Herzegovina, to the other accused in the case,

CONSIDERING that Milan Simic is not charged with crimes under Article 2 of the Statute of the International Tribunal, and that therefore, the issue of whether the armed conflict which took place in Bosnia and Herzegovina at the time and places relevant to the present case was international will not arise in relation to him,

PURSUANT TO Rule 73 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY DENIES THE MOTION.

 

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

_____________________________
Judge Florence Ndepele Mwachande Mumba
Presiding Judge

Dated this eleventh day of September 2001
At The Hague
The Netherlands

[Seal of the Tribunal]