IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Decision of:
9 February 2004
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________
ORDER ON THE EVIDENCE OF WITNESS DIEGO ARRIA
_________________________________________
The Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome
The Accused
Slobodan Milosevic
Amici Curiae
Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Prof. Timothy L.H. McCormack
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 ("the International Tribunal"),
Proprio motu
HAVING ISSUED a "Decision on Prosecution Application Under Rule 89 (F) to Receive the Evidence-In-Chief of Witness Diego Arria in Written Form" on 23 January 2004, in which the Trial Chamber denied the Prosecution Motion on the basis that the statement of the Diego Arria ("witness") was "unduly long and insufficiently relevant to the crimes charged in the indictment to be admitted in the interests of justice",
NOTING that the Prosecution now intends to call the witness as a viva
voce witness on
10 February 2004,
CONSIDERING the Trial Chamber’s concern that the evidence it is proposed this witness will give is too broad and lacking in relevance and that it would be appropriate for the Prosecution to limit its examination of the witness,
PURSUANT TO Rules 89 of the Rules of the Rules of Procedure and Evidence
HEREBY ORDERS AS FOLLOWS:
Done in English and French, the English text being authoritative.
_________________
Patrick Robinson
Judge
Dated this ninth day of February 2004
At The Hague
The Netherlands