Case No. IT-01-48-T

IN TRIAL CHAMBER I, SECTION A

Before:
Judge Liu Daqun, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Amin El Mahdi

Registrar:
Mr. Hans Holthuis

Decision of:
25 July 2005

PROSECUTOR

DECISION ON FURTHER DEFENCE RULE 92BIS MOTION

The Office of the Prosecutor:

Mr. Philip Weiner
Ms. Sureta Chana
Mr. David Re
Mr. Manoj Sachdeva

Counsel for the Accused:

Mr. Peter Morrissey
Mr. Guénaël Mettraux

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 "Further Defence Rule 92 bis Motion", filed confidentially on 14 July 2005 ("Motion"), wherein the Defence seeks the admission of a witness statement pursuant to Rule 92 bis of the Rules of Procedure and Evidence ("Rules");

NOTING that the Prosecution stated in the hearing on 14 July 2005 that is does not object to the admission of the witness statement and does not wish to cross-examine the witness;

CONSIDERING that the witness statement does go to proof of a matter other than the acts and conduct of the accused as charged in the indictment; that it is relevant to the present case and has probative value; and that the Trial Chamber does not consider it necessary to call the witness for cross-examination;

PURSUANT TO Rules 54, 89 and 92 bis of the Rules,

HEREBY ADMITS the witness statement.

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

______________
Judge Liu Daqun
Presiding

Dated this twenty-fifth day of July 2005
At The Hague,
The Netherlands