Case: IT-03-72-S

BEFORE THE TRIAL CHAMBER

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

Registrar:
Mr Hans Holthuis

Decision of:
29 March 2004

PROSECUTOR

v.

MILAN BABIC

__________________________________________

DECISION ON DEFENCE MOTION FOR ADMISSION OF WITNESS STATEMENTS AND TO CALL WITNESSES

__________________________________________

Office of the Prosecutor:

Ms. Hildegard Uertz-Retzlaff
Mr. Alex Whiting
Ms. Sabine Bauer

Counsel for the Defence:

Mr. Peter Michael Müller
Mr. Robert Fogelnest

 

TRIAL CHAMBER I, ("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 Tribunal");

NOTING the plea agreement entered into between the accused Milan Babic (the "Accused") and the Prosecutor at the further appearance of the Accused on 28 January 2004;

NOTING the oral order issued by the Presiding Judge at the further appearance of 28 January 2004 to hold the sentencing hearing in this case on 1 and 2 April 2004, reiterated by the "Scheduling Order for a Sentencing Hearing" filed on 25 March 2004;

NOTING the "Defence Motion Pursuant to Rule 89(F) for the Admission of Witness Statements" filed on 24 March 2004, whereby the Defence moves for the admission of three witness statements attached to the Motion as confidential Annexes I, II and III and for leave to call two witnesses, Dusan Vjestica and Drago Kovacevic, whose statements are attached to the Motion as Annexes IV and V;

NOTING that the Defence for the Accused submits that "the Office of the Prosecutor has provided its consent to this motion and the proposed procedure";1

NOTING that Rule 89(F) of the Rules of Procedure and Evidence provides that "[A] Chamber may receive the evidence of a witness orally or, if the interests of justice allow, in written form";

CONSIDERING that it is in the interests of justice to allow the Accused to obtain the attendance and examination of witnesses on his behalf;

FINDING further that it is in the interests of justice to admit into evidence the witness statements attached to the Defence’s Motion as confidential Annexes I, II and III;

PURSUANT to Rule 89 of the Rules of Procedure and Evidence;

HEREBY GRANTS the Motion and ADMITS into evidence the statements attached to the Defence’s Motion as Annexes I, II and III, without prejudice to the weight to be given to that evidence.

 

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

Dated this twenty ninth day of March 2004,
At The Hague,
The Netherlands.

________________
Alphons Orie,
Presiding Judge

[Seal of the Tribunal]


1. Defence’s Motion, para. 5.