Case No. IT-02-60-PT

IN TRIAL CHAMBER II

Before:
Judge Wolfgang Schomburg, Pre-Trial Judge

Registrar:
Mr. Hans Holthuis
Decision of:
18 February 2003

PROSECUTOR

v.

VIDOJE BLAGOJEVIC
DRAGAN OBRENOVIC
DRAGAN JOKIC
MOMIR NIKOLIC

______________________________

DECISION ON PROSECUTIONíS MOTION FOR LEAVE TO SUPPLEMENT WITNESS LIST

______________________________

The Office of the Prosecutor:

Mr. Peter McCloskey

Counsel for the Accused:

Mr. Michael Karnavas and Ms. Suzana Tomanovic for Vidoje Blagojevic
Mr. David Wilson and Mr. Dusan Slijepcevic for Dragan Obrenovic
Mr. Miodrag Stojanovic and Ms. Cynthia Sinatra for Dragan Jokic
Mr. Veselin Londrovic and Mr. Stefan Kirsch for Momir Nikolic

 

TRIAL CHAMBER II ("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 ("Tribunal"),

BEING SEISED OF "Prosecutionís Motion for Leave to Supplement Witness List," filed on 30 January 2003 ("Motion"), in which the Prosecution seeks leave to add ten witnesses to its witness list,

NOTING that none of the Accused in this case filed a Response to the Motion,

NOTING that the Prosecution filed its initial witness list on 1 November 2002, pursuant to Rule 65 ter (E)(ii) of the Rules of Procedure and Evidence of the Tribunal ("Rules"),1 and its public, amended witness list on 8 November 2002,2 and that the public, amended witness list includes 123 persons, with a limited number of additional protected witnesses,

NOTING that the Prosecution intends to call five of the ten proposed additional witnesses pursuant to Rule 92 bis of the Rules,

CONSIDERING that the Prosecution submits that the testimony to be provided by these witnesses is "critical to the Trial Chamberís understanding of the issues raised in the Indictment", and that the Trial Chamberís review of the summaries of the proposed witnesses confirms that their testimony is relevant to crimes and events alleged in the Amended Joinder Indictment of 27 May 2002,

CONSIDERING that more than two months remains before the start of this trial, which is set to commence on 6 May 2003, and that no prejudice to any Accused will result from the addition of ten witnesses to the witness list at this stage of the proceedings,

REMINDING the Prosecution of its disclosure obligations under Rule 66(A)(ii) of the Rules of the Tribunal, and the Trial Chamberís deadline of 28 February 2003 for compliance with Rule 66(A)(ii),3

PURSUANT TO Rules 65 ter and 73, HEREBY GRANTS the Motion.

 

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

_______________
Judge Wolfgang Schomburg

Dated this eighteenth day of February 2003, Pre-Trial Judge
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Prosecutionís List of Protected Witnesses and Summaries pursuant to Rule 65ter (E)(iv) [sic], filed under seal 1 November 2002.
2. Prosecutionís Amended, Redacted Witness Summaries Pursuant to Rule 65 ter (E)(ii), 8 November 2002.
3. Decision on Prosecutionís Motion for Order of Protection, filed confidentially on 18 February 2003.