Case No. IT-02-60-T

IN TRIAL CHAMBER I, SECTION A

Before:
Judge Liu Daqun, Presiding
Judge Volodymyr Vassylenko
Judge Carmen Maria Argibay

Registrar:
Mr. Hans Holthuis

Decision of:
25 June 2003

PROSECUTOR
v.
VIDOJE BLAGOJEVIC
DRAGAN JOKIC

_____________________________

DECISION ON PROSECUTION’S MOTION TO AMEND 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. Miodrag Stojanovic and Ms. Cynthia Sinatra for Dragan Jokic

 

TRIAL CHAMBER I, SECTION A, (“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 the “Prosecution’s Motion to Amend Witness List and Incorporated Motion to Admit Evidence under Rule 92bis,” filed under seal by the Office of the Prosecutor (“Prosecution”) on 10 June 2003 (“First Motion”),1

NOTING that the amendments proposed in the Motion include the addition of three witnesses to the witness list,2 the deletion of fourteen witnesses from the witness list3 and the inclusion of testimony of eight witnesses under Rule 92 bis of the Rules of Procedure and Evidence of the Tribunal (“Rules”),

NOTING that subsequently the Prosecution filed “Prosecution’s Motion to Amend Witness List and Incorporated Motion to Admit Evidence under Rule 92 bis,” on 20 June 2003 under seal4 (“Second Motion”), in which it proposed the deletion of seven witnesses from the witness list5 and the inclusion of five witnesses under Rule 92 bis including Daniel Bosch, who was proposed as an additional witness in the First Motion,

NOTING that no response has been filed by either of the accused to the First Motion or the Second Motion,

CONSIDERING that the amendments proposed in the First Motion and the Second Motion in relation to the addition and removal of witnesses to the witness list is in the interests of justice, as the additional witnesses will provide testimony relevant to the crimes and events alleged in the Third Amended Joinder Indictment of 26 May 2003 and that the removal of witnesses will contribute to the right of the accused to a fair and expeditious trial as guaranteed by the Statute of the Tribunal and the Rules,

CONSIDERING that the admission of evidence under Rule 92 bis shall be determined at a later stage,

PURSUANT TO Rule 73 of the Rules,

HEREBY ORDERS

1. The addition of Momir Nikolic, Dragan Obrenovic and Daniel Bosch to the witness list;

2. the deletion of the fourteen witnesses from the witness list proposed in the First Motion;

3. the deletion of the seven witnesses from the witness list proposed in the Second Motion.

 

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

___________________
Judge Liu Daqun
Presiding

Dated this twenty-fifth day of June 2003,
At The Hague
The Netherlands

[Seal of the Tribunal]


1 - A public redacted version of the First Motion was filed on 10 June 2003.
2 - Momir Nikolic, Dragan Obrenovic and Daniel Bosch.
3 - W12, W13, W18, W41, W45, W46, W55, W56, W75, W82, W121, W123, W124, W148.
4 - A public redacted version of the Second Motion was also filed on 20 June 2003.
5 - W102, W103, W109, W110, W111, W115, W120.