IN THE TRIAL CHAMBER

Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 8 January 1999

 

PROSECUTOR

v.

Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"

___________________________________________________________

DECISION ON MOTION OF THE ACCUSED VLATKO KUPRESKIC
TO THE TRIAL CHAMBER TO ORDER THE ENTRY OF JUDGEMENT
OF ACQUITTAL PURSUANT TO RULE 98 bis OF THE RULES OF PROCEDURE AND EVIDENCE

___________________________________________________________

The Office of the Prosecutor:

Mr. Franck Terrier
Mr. Albert Moskowitz

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, for Vlatko Kupreskic
Mr. Luko Susak, for Drago Josipovic
Mr. Petar Puliselic, for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic

 

TRIAL CHAMBER II 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 a Motion of the Accused Vlatko Kupreskic to the Trial Chamber to Order the Entry of Judgement of Acquittal, pursuant to Rule 98 bis of the Rules of Procedure and Evidence dated 21 December 1998;

CONSIDERING the Decision on Motion for Withdrawal of the Indictment against the Accused Vlatko Kupreskic rendered by this Trial Chamber on 18 December 1998 in response to the Motion for Withdrawal of the Indictment against the Accused Vlatko Kupreskic dated 7 December 1998, and filed on 9 December 1998, in which the Defence proposed that the Prosecution withdraw the indictment against Vlatko Kupreskic for alleged lack of evidence;

CONSIDERING that the Trial Chamber in its Decision of 18 December 1998 stated that it was "of the opinion that there is evidence as to each count charged in the indictment, which were it to be accepted by this Trial Chamber, could lawfully support a conviction of Vlatko Kupreskic";

CONSIDERING that, in the same Decision, the Trial Chamber stated that it did not consider it appropriate to apply Rule 98 bis to order a judgement of acquittal on one or more charges contained in the indictment against Vlatko Kupreskic;

CONSIDERING the confidential Prosecutor’s Response to the Motion for Judgement of Acquittal against Vlatko Kupreskic dated 5 January 1999, and the arguments presented therein, notably that "In this latest request, no new analysis or additional reasons were provided to the Trial Chamber to justify a dismissal of charges against Vlatko Kupreskic. S…C therefore S…C there is no reason for this Trial Chamber to alter its original conclusion of 18 December 1998, namely, that the evidence presented by the Prosecutor is sufficient to support convictions against Vlatko Kupreskic." (para. 7).

NOTING the Prosecutor’s further submission that the Defence Motion was out of time in light of the fact that it was submitted over two months after the Pre-Defence Conference;

CONSIDERING, nonetheless, that had the Trial Chamber, on motion of an accused, found the prosecution evidence to be insufficient, as a matter of law, to sustain a conviction on any of the counts contained in the indictment against any of the accused, it would give due consideration to the motion in the interests of justice, despite its being filed out of time;

CONSIDERING, however, that, on its terms, the Defence Motion of 21 December 1998 is simply a re-submission to the Trial Chamber of its earlier Motion of 7 December 1998, which had been addressed to the Prosecutor but which the Trial Chamber nevertheless considered on its merits and rejected in the Decision of 18 December 1998, and that since the Defence Motion raises no new arguments nor analysis, it too must be rejected on its merits;

FOR THE ABOVE REASONS,

REJECTS the Motion of the Accused Vlatko Kupreskic to the Trial Chamber to Order the Entry of Judgement of Acquittal, pursuant to Rule 98 bis of the Rules of Procedure and Evidence dated 21 December 1998.

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

 

_________________

Judge Mumba

Dated this eighth day of January 1999

At The Hague

The Netherlands

[Seal of the Tribunal]