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:
15 January 2004

PROSECUTOR

v.

VIDOJE BLAGOJEVIC
DRAGAN JOKIC

_____________________________________

DECISION ON PROSECUTION’S MOTION FOR ADMISSION OF WITNESS EVIDENCE

_____________________________________

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 Mr. Branko Lukic 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 for Admission of Written Witness Evidence and Related Exhibits pursuant to Rule 92 bis And Rule 89(F)" filed by the Office of the Prosecutor ("Prosecution") on 5 December 2003 ("Motion"),

NOTING that the Motion seeks, inter alia, the admission of written evidence and prior testimony of Miroslav Deronjic pursuant to Rule 89(F) of the Rules of Procedure and Evidence of the Tribunal ("Rules"),

NOTING that the evidence in question is prior testimony given by Miroslav Deronjic during the appeals hearing in the case of Prosecutor v. Radislav Krstic,1 during the sentencing hearing in the case of Prosecutor v. Momir Nikolic,2 and during the Milosevic Trial,3 (including as an attachment, a statement by Miroslav Deronjic on 25 November 2003),

CONSIDERING that the Trial Chamber deems it more appropriate to admit the evidence pursuant to Rule 92 bis (D)4,

CONSIDERING that Miroslav Deronjic may be examined by the Prosecution regarding his reference to Mr. Blagojevic, and may be cross-examined by the Defence in relation to the evidence admitted,

PURSUANT TO Rule 54 and Rule 92 bis of the Rules,

HEREBY ORDERS the admission of the evidence pursuant to Rule 92 bis (D).

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

_______________________________

Judge Liu Daqun
Presiding

Dated this fifteenth day of January 2004,
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Prosecutor v. Radislav Krstic, Case No. IT-98-33-A, Appeals Hearing, 21 November 2003, T. 6-79.
2. Prosecutor v. Momir Nikolic, Case No. IT-02-60/1-S, Sentencing Hearing, 28 October 2003, T. 2-56.
3. Prosecutor v. Slobodan Milosevic, Case No. IT-02-54, 26-27 November 2003, T. 29617-29799.
4. Oral decision made by the Trial Chamber on 17 December 2003 admitting the evidence under Rule 92 bis, T. 6112.