IN THE TRIAL CHAMBER

Before: Judge Richard May, Presiding

Judge Antonio Cassese

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 13 May 1998

 

PROSECUTOR

v.

MILAN KOVACEVIC

___________________________________________________________

SCHEDULING ORDER

___________________________________________________________

The Office of the Prosecutor:

Ms. Brenda Hollis
Ms. Ann Sutherland
Mr. Michael Keegan

Counsel for the Accused:

Mr. Dusan Vucicevic
Mr. Anthony D’Amato

 

THE TRIAL CHAMBER,

NOTING the Prosecutor’s Motion For The Pre-Trial Admission Of Evidence filed by the Office of the Prosecutor ("Prosecution") on 20 April 1998 and the Defence Reply filed on 7 May 1998,

NOTING ALSO the issues raised by the Defence in the Defence Reply To The Indictment And to The Prosecutor’s Pre-Trial Brief filed on 7 May 1998

HAVING HEARD the parties on these and other matters on 11 and 12 May 1998, and

CONSIDERING the Scheduling Order issued by the Trial Chamber on 7 May 1998,

PURSUANT TO RULE 54 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY ORDERS as follows:

  1. subject to further order, the trial of this matter shall commence on Monday 6 July 1998 at 10 a.m.;
  2. the parties shall use their best endeavours to agree the items for pre-trial admission into evidence, failing which either party may apply to the Trial Chamber for a hearing in connection with any disputed items not less than twenty-eight days prior to the scheduled commencement of the trial, that is, by Monday 8 June 1998;
  3. the Prosecution has until Tuesday 9 June 1998 to file a further brief expanding, if so wished, its position on the definition of the legal elements of genocide, tailored to the case before the Trial Chamber, together with copies of all authorities in one of the working languages of the International Tribunal;
  1. the Defence has until Tuesday 9 June 1998 to file a brief on the definition of the legal elements of genocide, tailored to the case before the Trial Chamber, together with copies of all authorities in one of the working languages of the International Tribunal;
  2. not less than twenty-one days prior to the commencement of the trial, that is, by Monday 15 June 1998, the Prosecution shall indicate the number of witnesses it intends to call, stating for each witness, to the extent possible, the count to which the witness will testify, and submit a tentative estimate of the length of the examination-in-chief for each witness;
  3. the Prosecution shall, at the same time, file the full statement of any expert witness to be called by the Prosecution;
  4. the Defence shall disclose to the Prosecution as early as possible the full statement of any expert witness it intends to call and shall file such statement not less than twenty-one days prior to the date on which the expert is expected to testify;
  5. each party shall, within fourteen days of receipt of such statement, file a notice indicating whether it accepts the expert witness statement or wishes to cross-examine the expert. If the party accepts the statement of the expert witness, the statement may be admitted into evidence by the Trial Chamber without calling the expert to testify in person.

 

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

_____________________

Richard May

Presiding Judge

Dated this thirteenth day of May 1998

At The Hague

The Netherlands

[Seal of the Tribunal]