Case No. IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Decision:
12 January 2004
PROSECUTOR
v.
SLOBODAN MILOSEVIC
________________________________
DECISION ON CONFIDENTIAL PROSECUTION REQUEST FOR PERMISSION TO CALL WITNESS B-248
Office of the Prosecutor:
Mr. Geoffrey Nice
Ms. Hildegaard Uertz-Retzlaff
Mr. Dermot Groome
Amici Curiae:
Mr. Steven Kay
Mr. Branislav Tapuskovic
Prof. Timothy McCormack
The Accused:
Mr. Slobodan Milosevic
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 a confidential "Prosecution’s Request for Permission to Call Witness B-248 and Notice of Intention to Seek Admission of a Statement of B-1731 Pursuant to Rule 89(F)", filed by the Office of the Prosecutor ("Prosecution") on 24 December 2003 ("Motion"), requesting, inter alia, leave to add Witness B-248 to the Prosecution’s list of witnesses,
NOTING the Trial Chamber’s "Decision on Prosecution’s Fourth Omnibus Motion for Leave to Amend the Witness List and Request for Protective Measures", issued 21 November 2003,
CONSIDERING the Trial Chamber’s ruling subsequent to the filing of the Prosecution’s pre-trial material for the Croatia and Bosnia part of these proceedings that it would only allow the admission of additional material by the Prosecution on good cause being shown,1
CONSIDERING that (1) the relevance of the testimony that Witness B-248 would give has only recently become apparent due to continued interviews with Witness B-248 and the production of documentation by a State; (2) the testimony of Witness B-248 would most likely be of significant importance to these proceedings; and (3) the Trial Chamber is thus satisfied that the Prosecution has shown good cause,
PURSUANT to Rule 54 of the Rules,
HEREBY ORDERS that Witness B-248 may be added to the Prosecution’s list of witnesses.
Done in both English and French, the English text being authoritative.
__________
Richard May
Presiding
Dated this twelfth day of January 2004
At The Hague
The Netherlands
[Seal of the Tribunal]