Case No. IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Order:
2 June 2005
PROSECUTOR
v.
SLOBODAN MILOSEVIC
______________________________________________
ORDER REGARDING EVIDENCE OF DEFENCE WITNESS BARRY LITUCHY WITH CONFIDENTIAL ANNEXES A-J
Office of the Prosecutor:
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused:
Mr. Slobodan Milosevic
Court Assigned Counsel:
Mr. Steven Kay, QC
Ms. Gillian Higgins
Amicus Curiae:
Prof. Timothy 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 ("International Tribunal"),
HAVING ISSUED an Oral Ruling during the hearing held on 15 March 2005 regarding the evidence of Defence Witness Barry Lituchy, who testified before the Trial Chamber on 9-10 and 14 March 2005,1
NOTING that the proposed documentary evidence of the witness consisted of the following: (1) two tabs of documents;2 (2) four CDs of videorecorded interviews ("interviews"), which consisted of the following: (a) "CD 2 Aug. 9 99" containing interviews with two Albanian declarants conducted on 9 August 1999; (b) "Albanian Refugees P2" containing interviews with a third Albanian declarant and all three Albanian declarants together conducted on 9 August 1999; (c) "CD 3 Roma Part 1" containing interviews with Roma and Egyptian declarants on 6-7 August 1999; and (d) "CD 5 Roma P2" containing interviews with Roma and Egyptian declarants on 7 August 1999; and (3) a CD of excerpts (or clips) from the four CDs,3
CONSIDERING the following:
CONSIDERING that the interviews were already admitted via the Trial Chamber’s Oral Ruling, but that it is appropriate for the Trial Chamber to issue a written Order to avoid any doubt as to the admission status of the documentary evidence of the witness and the protective measures that have been granted in respect of them,
PURSUANT to Rules 54, 75, 79, and 89 of the Rules of Procedure and Evidence of the International Tribunal,
HEREBY CONFIRMS in part and VARIES in part its prior Oral Ruling and ORDERS as follows:
Done in both English and French, the English text being authoritative.
______________
Judge Robinson
Presiding
Dated this second day of June 2005
At The Hague
The Netherlands
[Seal of the Tribunal]