IN THE TRIAL CHAMBER
Before: Judge Richard May, Presiding
Judge Antonio Cassese
Judge Florence Ndepele Mwachande Mumba
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 3 July 1998
PROSECUTOR
v.
MILAN KOVACEVIC
___________________________________________________________
DECISION ON DEFENCE MOTION TO STRIKE
CONFIRMED AMENDED INDICTMENT
___________________________________________________________
The Office of the Prosecutor:
Ms. Brenda Hollis
Ms. Ann Sutherland
Mr. Michael Keegan
Counsel for the Accused:
Mr. Dusan Vucicevic
Mr. Anthony DAmato
THE TRIAL CHAMBER,
NOTING the Defence Motion To Strike Confirmed Amended Indictment ("the Motion"), filed on 30 June 1998, and the Response thereto filed by the Office of the Prosecutor ("Prosecution") on 3 July 1998,
CONSIDERING THAT the review of the amended indictment has been completed and confirmation has taken place,
CONSIDERING FURTHER THAT, as noted in the Decision Refusing Defence Motion To Clarify And Reconsider issued by the Trial Chamber on 30 June 1998 in response to a similar motion by the Defence, the Trial Chamber can make no further order in relation to the confirmation of the indictment and cannot "strike" the confirmed indictment as requested,
CONSIDERING ALSO THAT the issue of confrontation does not arise at this stage of the proceedings and that, if the Prosecution decides at a later date to call Dr. Gow as a witness in these proceedings, it must give full and timely disclosure as ordered by the Trial Chamber,
PURSUANT TO RULE 54 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules")
HEREBY REJECTS THE MOTION.
Done in English and French, the English text being authoritative.
Richard May
Presiding Judge
Dated this third day of July 1998
At The Hague
The Netherlands
[Seal of the Tribunal]