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
Order of:
8 March 2006
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________________________________
ORDER ON DOCUMENTS OR MATERIALS USED DURING THE TESTIMONY OF DEFENCE WITNESS MOMIR BULATOVIC
_________________________________________________________________________
Office of the Prosecutor:
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused:
Mr. Slobodan Milosevic
Court Assigned Counsel:
Mr. Steven Kay
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 ("Tribunal");
Proprio motu,
NOTING that on 1 March 2006, the Trial Chamber adjourned the proceedings until 14 March 2006 in order to allow the Accused additional time to prepare his next witness, Mr. Momir Bulatovic ("witness");1
NOTING that, according to the most recent witness list submitted by the Accused,2 the testimony of Mr. Bulatovic is scheduled to last for 16 hours, and will cover several subject matter areas in relation to all three indictments;
CONSIDERING that, given the Accused’s past practice in calling witnesses and the proposed breadth of Mr. Bulatovic’s testimony, the Trial Chamber expects that an extremely large number of documents or other materials will be prepared and provided to the Chamber, the Registry, and the Prosecution for possible use with the witness, and that many of these documents or materials will eventually be tendered for admission as exhibits in this case;
CONSIDERING that the Chamber’s past experience with witnesses called by the Accused has shown that dealing with the admission status of a large amount of material during the course of witness testimony can create confusion and cause unnecessary difficulties in the proper management of the trial;
CONSIDERING that, pursuant to Rules 54 and 90(F) of the Rules of Procedure and Evidence of the Tribunal ("Rules"), Trial Chambers have the power to issue such orders as are "necessary for … the conduct of the trial" and should "exercise control over the mode and order of interrogating witnesses and presenting evidence so as to … make the interrogation and presentation effective for the ascertainment of the truth; and … avoid needless consumption of time";
PURSUANT TO Rules 54, 89, and 90 of the Rules,
HEREBY ORDERS AS FOLLOWS:
Done in English and French, the English text being authoritative.
_________________________
Judge Robinson
Presiding
Dated this eighth day of March 2006
At The Hague
The Netherlands
[Seal of the Tribunal]