IN THE TRIAL CHAMBER

 

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge Mohamed Fassi Fihri

Registrar:
Mr. Hans Holthuis

Decision of:
27 April 2001

PROSECUTOR

v.

MOMCILO KRAJISNIK

&

BILJANA PLAVSIC

___________________________________________________________________________

DECISION ON MOTION FROM MOMCILO KRAJISNIK TO PRECLUDE CERTAIN DOCUMENTS DISCLOSED PURSUANT TO RULE 66

___________________________________________________________________________

Office of the Prosecutor:

Mr. Mark Harmon
Mr. Nicola Piacente

Counsel for the Accused:

Mr. Deyan Brashich, for Momcilo Krajisnik
Mr. Robert. J. Pavich, for Biljana Plavsic

 

THIS 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"),

BEING SEISED of the "Krajisnik Defence Motion to Preclude Use of Out of Time Documents Disclosed Pursuant to Rule 66", filed on 9 April 2001 ("the Motion"), in which the accused seeks to have the Office of the Prosecutor ("OTP") precluded from using, tendering or otherwise employing material bearing upon events post 1 January 1993, on the basis that this would be outside the relevant period set out in the Indictment and that consideration of such material would unreasonably burden a Defence with already limited resources;

NOTING the "Prosecutionís Response to Defence Motion to Preclude Use of Certain Documents Disclosed Pursuant to Rule 66" filed by the OTP on 20 April 2001, in which the OTP requests that the Motion be rejected, inter alia, for the following reasons:

  1. it would violate the principle of equality of arms between the parties;
  2. whilst the date of the events referred to in a document may be relevant in considering the probative value of the document, this is only one of a number of factors to be considered by the Trial Chamber when considering the document pursuant to Rule 89; and
  3. the order sought by the accused is premature;

CONSIDERING that the OTP is not required to complete Rule 66 disclosure before 22 June 2001 and that it is not required to file its list of exhibits pursuant to Rule 65 ter (E)(v) until 29 June 2001 and that therefore the order sought is premature;

PURSUANT TO RULE 54 OF THE RULES

HEREBY DENIES the Motion.

 

 

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

___________________________
Richard May
Presiding

Dated this twenty-seventh day APRIL of 2001
At The Hague
The Netherlands

[Seal of the Tribunal]