IN THE TRIAL CHAMBER

Before: Judge Florence Ndepele Mwachande Mumba, Presiding

Judge Antonio Cassese

Judge Richard May

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 29 April 1998

 

PROSECUTOR

v.

ANTO FURUNDZIJA

___________________________________________________________

DECISION ON MOTION OF DEFENDANT ANTO FURUNDZIJA TO PRECLUDE TESTIMONY OF CERTAIN PROSECUTION WITNESSES

____________________________________________________________

The Office of the Prosecutor:

Mr. Michael Blaxill

Ms. Patricia Viseur-Sellers

Counsel for the Accused:

Mr. Luka Misetic

 

THE 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 ("International Tribunal"),

FURTHER TO the Motion of the Defendant Anto Furundzija to Preclude Testimony of Certain Prosecution Witnesses filed on 24 April 1998 ("Defence Motion"),

NOTING that a motion to preclude testimony of certain witnesses is dealt with under Rule 73 of the Rules of Procedure and Evidence,

NOTING ALSO the failure of the Prosecution to make available to the Defence no later than sixty days before the date set for trial, i.e., 8 June 1998, copies of the statements of all the witnesses whom the Prosecutor intends to call to testify, as mandated by Rule 66 (A)(ii), and the further failure of the Prosecution to satisfy the Trial Chamber in a timely manner of any reason for its failure to comply with its obligations pursuant to Rule 66 (A)(ii),

CONSIDERING the importance of full and timely compliance by the Parties with the disclosure obligations set forth in the Rules of Procedure and Evidence in order to ensure a fair trial,

EXPRESSES grave concern at the unjustifiable failure of the Prosecution to comply with its disclosure obligations and

HEREBY DISMISSES the Defence Motion and refers the parties to the ensuing Scheduling Order.

 

Done in both English and French, the English text being authoritative.

___________________________

Florence Ndepele Mwachande Mumba

Presiding Judge

Dated this twenty-ninth day of April 1998

At The Hague

The Netherlands

[Seal of the Tribunal]