Case: IT-03-66-R77

Mr. David Akerson
Mr. Jason Dominguez

Counsel for the Accused:

Mr. Tjarda Eduard van der Spoel

TRIAL CHAMBER I ("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");

NOTING the "Prosecution Motion to Amend the Rule 65ter (E) Witness and Exhibit Lists" ("Motion") filed on 11 March 2005, whereby the Prosecution seeks to vary the Prosecution’s witness list filed on 31 January 2005 pursuant to Rule 65ter (E)(ii) and (iii) on the grounds that (1) the Prosecution has reduced the number of viva-voce witnesses in an effort to minimize the size of its case, (2) it has removed three foundational witnesses after the Defence stipulated to authenticity and admissibility of audio recordings, (3) it seeks the addition of one viva voce witness whose statement concerns central issues and has only recently come to attention of the Prosecution, and (4) the Motion is made before the commencement of trial;

NOTING that the Defence has not filed a response to the Motion;

CONSIDERING that pursuant to Articles 20 (1) and 21 (4) (b) of the Statute an accused is entitled to a fair and expeditious trial and to have adequate time and facilities for the preparation of his defence;

CONSIDERING that during the meeting held pursuant to Rule 65ter on 6 April 2005 the Defence considered the amended list of witnesses and exhibits proposed by the Prosecution as valid;

CONSIDERING that the Chamber is satisfied that a variation of the Prosecution’s witness and exhibit lists does not prejudice the preparation of the defence;

PURSUANT TO Articles 20 and 21 of the Statute and Rule 65ter of the Rules of Procedure and Evidence;

Hereby GRANTS the Motion.

Done in English and French, the English version being authoritative.

Dated this seventh day of April 2005,
At The Hague,
The Netherlands

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Judge Amin El Mahdi
Presiding Judge