Celebici case: Prosecutors seek leave to drop one of the murder charges against Esad Landzo.

Celebici case: Prosecutors seek leave to drop one of the murder charges against Esad Landzo.

On Monday 14 April 1997, the Office of the Prosecutor filed a motion "to withdraw counts 9 and 10" of the indictment in the Celebici Case.

The counts at stake.

These two counts charged the Accused Esad LANDZO with a Grave Breach of the Geneva Conventions and with a Violation of the Laws or Customs of War for the beating to death with a baseball bat of a person with the surname MILJANIC.

The reason for the motion

According to the Prosecutors, "further investigation has revealed that this charge was based on erroneous information resulting from witness confusion concerning the victim's identity".

The Prosecution Team further states that the charge should be withdrawn "with prejudice, such that these charges may not be raised against the accused at a later time".

The procedure

Under Rule 50 of the Rules of Procedure and Evidence, an indictment can only be amended "with leave of the Trial Chamber" if the presentation of evidence has commenced.

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