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Press Release . Communiqué de presse
(Exclusively for the use of the media. Not an official document)
UPDATED VERSION
CC/PIU/331-E
The Hague, 10 July 1998
FURUNDZIJA CASE:
JUDGEMENT HEARING OF 15 JULY POSTPONED
Motion hearing on Tuesday 14 July at 9 AM.
The Judgement of Trial Chamber II in the Furundzija case will not be delivered on Wednesday 15 July 1998.
The hearing scheduled on that day has been postponed following the filing on Friday 10 July of a Defence Motion "to strike the testimony of Witness A due to prosecutorial misconduct or, in the event of a conviction, for a new trial".
The Defence Motion
The Defence Motion is based on Rules 68 and 85(B) of the Rules of Procedure and Evidence.
The Defendant asserts that "[t]he Prosecution in this case knowingly and intentionally withheld information from the Defence establishing that Witness A
- had suffered ‘psychological trauma’ from the time of her captivity on 15 May 1993 at least to the date of the Certificate (11 July 1995);
- was under psychiatric care for at least a year and half, from late 1993 until mid-1995;
- at least during the time she was under psychiatric care, suffered from suppressed memory;
- at least during the time she was under psychiatric care, was taking prescription drugs; and
- at least during the time she was under psychiatric care, was suffering from post-traumatic stress disorder.
According to the Defence, "the Prosecution’s withholding of this information was a flagrant violation of Rule 68 that requires this Trial Chamber’s immediate attention".
Consequently, the Defendant asks the Trial Chamber to "strike the entire testimony of witness A due to the Prosecution’ s knowing and intentional breach of its obligations under Rule 68 […]".
Rule 68 reads as follows: "The Prosecutor shall, as soon as practicable, disclose to the defence the existence of evidence known to the Prosecutor which in any way tends to suggest the innocence or mitigate the guilt of the accused or may affect the credibility of prosecution evidence".
Motion hearing on Tuesday 14 July
On Friday 10 July, Trial Chamber II ordered the Prosecutor to reply to the Defence "by Monday 13 July". It also scheduled a hearing to hear the Parties’ arguments on Tuesday 14 July at 9 AM. This hearing is public.
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