Case No.: IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Decision of:
22 April 2005
PROSECUTOR
v.
SLOBODAN MILOSEVIC
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OMNIBUS ORDER ON MATTERS ARISING OUT OF STATUS CONFERENCE ON THE DEFENCE CASE
__________________________________________________
Office of the Prosecutor:
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused:
Mr. Slobodan Milosevic
Court Assigned Counsel:
Mr. Steven Kay, QC
Ms. Gillian Higgins
Amicus Curiae:
Prof. Timothy McCormack
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"),
Proprio motu
NOTING the oral submissions made by the parties at the Status Conference held on 14 April 2005 and the Prosecution Notes provided in advance of the Status Conference,
CONSIDERING that it is appropriate to set out certain matters and make certain orders, which are not intended to be exhaustive of the matters raised during the Status Conference,
NOTING that the Accused has considerable legal and administrative assistance at his disposal in the form of, inter alia, three legal associates, court assigned counsel and the Registry,
CONSIDERING
CONSIDERING that
CONSIDERING that it is in the interests of justice that Court Assigned Counsel should be entitled to make final submissions on questions of both fact and law in the form of a final trial brief under Rule 86,
NOTING the submissions by the Prosecution that any Motion on rebuttal might be made in stages,
CONSIDERING that it is a matter for the Prosecution to determine when it is appropriate to make a Motion to lead rebuttal evidence,
NOTING the specific declaration by the Accused that he will not be giving sworn evidence in his own case, nor making an unsworn statement,
NOTING that, despite being cautioned on several occasions by the Trial Chamber, the Accused has to date failed to make the relevant arrangements and/or applications for certain witnesses identified on his Rule 65ter witness list who will require governmental waivers, subpoenas or special procedures,2 and that he must ensure that the applications are made in time for the witnesses to be called within the time allocated for the presentation of the defence case,
CONSIDERING that the Trial Chamber will in due course seek advice from the Accused’s treating cardiologist as to whether it is appropriate to extend the sitting times,
NOTING
NOTING the undertaking by the Accused to produce more detailed summaries of witnesses who the Accused notifies will be called in his periodic witness lists,
PURSUANT TO Articles 20 and 21 of the Statute of the International Tribunal ("Statute") and Rules 54, 86 and 94 bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules")
HEREBY ORDERS AS FOLLOWS:
Done in English and French, the English text being authoritative.
_______________________
Judge Robinson
Presiding
Dated this twenty-second day of April 2005
At The Hague
The Netherlands
[Seal of the Tribunal]