Case: IT-03-66-R77

IN TRIAL CHAMBER I

Before:
Judge Amin El Mahdi, Presiding
Judge Liu Daqun
Judge György Szénási

Registrar:
Mr. Hans Holthuis

Decision of:
21 April 2005

PROSECUTOR

v.

Beqa BEQAJ

___________________________________

DECISION ON SECOND PROSECUTIONíS MOTION TO AMEND THE RULE 65TER (E) WITNESS AND EXHIBIT LISTS

___________________________________

The Office of the Prosecutor:

Mr. David Akerson
Mr. Jason Dominguez

Counsel for the Accused:

Mr. Tjarda Eduard van der Spoel

 

TRIAL CHAMBER I ("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");

NOTING the "Prosecution Motion to Amend the Rule 65ter (E) Witness and Exhibit Lists" ("Motion") filed on 19 April 2005, whereby the Prosecution seeks to vary the Prosecutionís witness list already varied by a decision dated 7 April 2005 in order to remove one viva-voce witness from the list of witnesses and to add two exhibits (two prior interviews of the accused Beqa Beqaj) ("Motion");

NOTING that the Defence does not oppose the Motion;1

CONSIDERING that pursuant to Articles 20 (1) and 21 (4) (b) of the Statute an accused is entitled to a fair and expeditious trial and to have adequate time and facilities for the preparation of his defence;

CONSIDERING that the Prosecution explains that the Motion is late (it is filed four days prior to the commencement of the trial) because it was expecting to interview the accused Beqa Beqaj ("Accused") while he was detained at the United Nations Detention Unit but that the Accused was provisionally released;

CONSIDERING that the Defence does not oppose the Motion; that furthermore the Prosecution withdraws a viva-voce witness from its list of witnesses and that the two exhibits it wishes to add were disclosed to the Defence;

CONSIDERING that the Chamber is satisfied that the variation of the Prosecutionís witness and exhibit lists does not prejudice the preparation of the defence;

PURSUANT TO Articles 20 and 21 of the Statute and Rule 65ter of the Rules of Procedure and Evidence;

Hereby GRANTS the Motion.

 

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

Dated this twenty-first day of April 2005,
At The Hague,
The Netherlands

_________________
Judge Amin El Mahdi
Presiding Judge

[Seal of the Tribunal]


1. Oral submission dated 21 April 2005.