Case No. IT-03-66-T
IN TRIAL CHAMBER II
Judge Kevin Parker, Presiding
Judge Krister Thelin
Judge Christine Van Den Wyngaert
Mr. Hans Holthuis
9 March 2005
DECISION ON PROSECUTIONíS MOTION II TO AMEND WITNESS LIST
The Office of the Prosecutor:
Mr. Alex Whiting
Mr. Julian Nicholls
Mr. Milbert Shin
Mr. Colin Black
Counsel for the Accused:
Mr. Michael Mansfield, QC, and Mr. Karim
A. Khan for Fatmir Limaj
Mr. Gregor Guy-Smith and Mr. Richard Harvey for Haradin Bala
Mr. Michael Topolski, QC, and Mr. Steven Powles for Isak Musliu
1. 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 is seized of a motion from the Prosecution seeking to add one witness and remove three others from its witness list.1 The Defence did not file a response, but indicated that there is no objection to the relief requested by the Prosecution.2
2. By Rule 73 bis (E) of the Rules of Procedure and Evidence ("Rules"), the Trial Chamber may grant the motion "if satisfied that this is in the interests of justice." In the exercise of its discretion in this regard, the Chamber must consider the relevance and probative value of the proposed evidence and whether the interests of the Defence will be adequately protected. Fairness remains an important consideration.
3. Based on its review of the materials provided by the Prosecution in support of its motion, the Chamber is of the view that the evidence of the proposed witness is likely to be relevant and probative, and that no prejudice will arise as a result of the late addition of this witness to the Prosecutionís witness list. In this regard, the Chamber also takes into account the Prosecutionís submission that it first had access to details of the information the proposed witness is able to provide in February of this year. The Prosecutionís decision not to call three witnesses currently included on the witness list will more than compensate for the additional time needed to hear the proposed witness.
5. While the Prosecution has not requested protective measures for the proposed witness in its motion, it states that it may request them at a later time should it become necessary. To avoid rendering any such future applications ineffective, the Chamber will list the proposed witnessís name in the attached confidential annex.
Based on the foregoing, the Chamber GRANTS the Prosecutionís request to amend its witness list by adding the individual listed in the confidential annex to this decision, and removing three others, as specified in the motion.
Done in English and French, the English version being authoritative.
Judge Kevin Parker
Dated this ninth day of March 2005
At The Hague
[Seal of the Tribunal]