Case No. IT-01-42-PT

IN TRIAL CHAMBER I

Before:
Judge Alphons Orie
Judge Amin El Mahdi
Judge Joaquín Martín Canivell

Registrar:
Mr. Hans Holthuis

Order of:
16^h October 2003

PROSECUTOR

v.

PAVLE STRUGAR

_____________________________________

DECISION DENYING PROSECUTION’S APPLICATION FOR LEAVE TO FILE A REPLY

_____________________________________

The Office of the Prosecutor:

Mr. Susan Somers

Counsel for the Accused:

Mr. Goran Rodic
Mr. Vladimir Petrovic

TRIAL CHAMBER I, (the "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 Tribunal");

BEING SEISED of the Application of the Prosecution for leave to file a Reply to the Defence’s Response to the "Prosecution’s Motion (the "Motion") for Admission of Statements pursuant to Rule 92 bis of the Rules of Procedure and Evidence (the "Rules")" filed on 9^th October 2003 (the "Application");

NOTING that, the Prosecution in its Motion, filed on 30^th September 2003, sought leave to adduce fifteen witness statements under Rule 92 bis (A)(i)(d) and two witness statements under Rule 92 bis (C) for the reasons stated therein;

NOTING that, the Defence in its Response, which was filed on 7^th October 2003, asked this Chamber to deny the Prosecution’s Motion for admission of statements under Rule 92 bis (A)(i)(d) and (C) of the Rules and if the request under Rule 92 bis (A)(i)(d) was denied to permit cross examination of the witnesses;

NOTING that, the Prosecution in its Application submits that the Defence has inaccurately stated the law relating to Rule 92 bis of the Rules and the information contained in the witness statements and therefore it seeks leave to file a Response;

CONSIDERING that, the Parties have had ample opportunity to present their arguments before this Chamber and to assist the parties in that regard, directions were given to the parties at the 65 ter hearing on 19^th September 2003;

CONSIDERING that, this Chamber will review the statements of the witnesses as well as the submissions made by the parties about those statements;

CONSIDERING that, the Chamber will exercise its discretion whether to admit the evidence under Rule 92 bis in light of the relevant jurisprudence of the Tribunal;

PURSUANT TO Rules 126 bis the Rules;

HEREBY DENIES the Application.

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

Dated this sixteenth day of October 2003
At The Hague,
The Netherlands.

_______________
Judge Alphons Orie
Presiding

[Seal of the Tribunal]