IN THE TRIAL CHAMBER

Before: Judge Adolphus G. Karibi-Whyte, Presiding

Judge Elizabeth Odio Benito

Judge Saad Saood Jan

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 9 June 1998

PROSECUTOR

v.

ZEJNIL DELALIC
ZDRAVKO MUCIC also known as "PAVO"
HAZIM DELIC
ESAD LANDZO also known as "ZENGA"

_______________________

ORDER

_______________________

The Office of the Prosecutor:

Mr. Grant Niemann

Ms. Teresa McHenry

Mr. Giuliano Turone

Counsel for the Accused:

Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene O’Sullivan, for Zejnil Delalic

Mr. Zeljko Olujic, Mr. Tomislav Kuzmanovic, for Zdravko Mucic

Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic

Ms. Cynthia McMurrey, Ms. Nancy Boler, for Esad Landzo

 

THIS TRIAL 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 "Defendant Zdravko Mucic’s Witness List" dated 20 May 1998 (Official Record at Registry Page ("RP") D6171-D6177);

FURTHER NOTING the oral order of the Trial Chamber at the status conference of 21 May 1998 that counsel for all four accused reassess their witness lists and provide the Trial Chamber with revised lists with a reduction in the number of proposed witnesses;

CONSIDERING that counsel for Mr. Mucic was particularly advised that he should strive to reduce the number of witnesses who are to be brought to testify to the defence of alibi and to the general conditions in the Celebici camp;

FURTHER CONSIDERING that no revised witness list has been provided to the Trial Chamber by counsel for Mr. Mucic;

NOTING that counsel for Mr. Mucic has not filed proper notice of his expert witnesses, in particular by failing to provide the curriculum vitae of such experts, as was ordered by the Trial Chamber (see "Scheduling Order" dated 24 April 1998, RP D6097-D6099);

FURTHER NOTING the "Order" dated 18 May 1998 (RP D6149-D6151) and the warning, pursuant to Sub-rule 46(A) of the Rules of Procedure and Evidence ("Rules"), contained therein;

PURSUANT TO RULE 54 of the Rules,

HEREBY ORDERS that the Defence for Zdravko Mucic file immediately with the Registry, for service upon the other accused and the Trial Chamber a revised list of witnesses which it intends to call, having taken care to ensure that there will be no undue duplication or repetition of testimony;

FURTHER ORDERS that the Defence for Mr. Mucic file immediately with the Registry, for service upon the other accused, the Trial Chamber and the Office of the Prosecutor, a complete list of the expert witnesses which it intends to call, stating the order in which they are to appear, the counts of the Indictment to which each will testify, a statement of the areas about which each will testify, the expected length of their examination in chief and attaching their curriculum vitae;

REMINDS the Defence for Mr. Mucic that it should contact the Victims and Witnesses Unit at the International Tribunal in order to make the necessary arrangements for the bringing of its witnesses to The Hague;

FUTHER REMINDS the Defence for Mr. Mucic of its continuing obligation to file notice of the names of the witnesses it intends to call to testify each week, seven working days prior to their appearance ("Decision on the Prosecution’s Motion for an Order Requiring Advance Disclosure of Witnesses by the Defence", 9 February 1998, RP D5469-D5487).

 

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

_____________________________

Adolphus G. Karibi-Whyte

Presiding Judge

Dated this ninth day of June 1998

At The Hague,

The Netherlands.

[Seal of the Tribunal]