Case No. IT-99-36-R77

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Ivana Janu
Judge Chikako Taya

Registrar:
Mr. Hans Holthuis

Decision of:
24 February 2004

PROSECUTOR

v.

RADOSLAV BRDANIN

CONCERNING ALLEGATIONS AGAINST MILKA MAGLOV

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DECISION ON MOTION BY AMICUS CURIAE PROSECUTOR FOR LEAVE TO SUBMIT ADDITIONAL PROSECUTION EXHIBIT IN CASE IN CHIEF

_________________________________

Amicus Curiae Prosecutor:

Ms. Brenda Hollis

The Respondent:

Ms. Milka Maglov

 

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 ("the Tribunal"):

BEING SEISED OF the "Motion by Amicus Curiae Prosecutor for Leave to Submit Additional Prosecution Exhibit in Case in Chief" ("Motion") filed on 20 February 2004, in which the amicus curiae Prosecutor moves for leave to re-open her case in chief and for leave to submit a copy of an email sent by Prosecution witness John Ackerman to the Associate Legal Officer of the Trial Chamber on 19 February 2004 ("Document");

NOTING that Milka Maglov ("Respondent") has indicated that she does not object to the admission into evidence of the Document;

CONSIDERING the Trial Chamberís duty to ensure that a trial is fair and expeditious and that proceedings are conducted in accordance with the rules of procedure and evidence, with full respect for the rights of the accused and due regard for the protection of victims and witnesses;

CONSIDERING on a prima facie basis the evidence that the amicus curiae Prosecutor seeks to tender addresses an issue central to this case;

CONSIDERING that by allowing the amicus curiae Prosecutor to re-open her case and admit the Document into evidence at this stage of the proceedings, the Respondent is not unfairly prejudiced;

FOR THE FOREGOING REASONS

PURSUANT TO Article 20 of the Tribunalís Statute and Rules 54 and 89(C) of the Tribunals Rules of Procedure and Evidence;

HEREBY:

grants the Motion and orders and the Document be admitted into evidence as Exhibit P 17.

 

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

Dated this 24th day of February 2004.
At The Hague
The Netherlands

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Carmel Agius
Presiding Judge

[Seal of the Tribunal]