Case No. IT-03-66-T

IN TRIAL CHAMBER II

Before:
Judge Kevin Parker, Presiding
Judge Krister Thelin
Judge Christine Van Den Wyngaert

Registrar:
Mr. Hans Holthuis

Decision of:
8 July 2005

PROSECUTOR

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DECISION ON DEFENCE MOTION ON BEHALF OF ISAK MUSLIU FOR ADMISSION OF CURRICULUM VITAE & EXPERT REPORT OF PROFESSOR WAGENAAR

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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

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 ("the Chamber" and "the Tribunal"),

BEING SEIZED of the "Defence Motion on Behalf of Isak Musliu for Admission of Curriculum Vitae & Expert Report of Professor Wagenaar", filed on 6 July 2005 ("Motion") seeking to admit the documents attached in Annex A and B to the Motion, namely the curriculum vitae and a redacted version of the expert report of Professor Wagenaar (i.e. only "Part I" of the original report), entitled "Report to the International Criminal Tribunal for the Former Yugoslavia, IT-03-66-T Against Fatmir Limaj, Haradin Bala and Isak Musliu", dated 22 May 2005 ("Report");

NOTING the Defence’s previous filing on 27 May 2005, of the "Expert Report of Professor W.A. Wagenaar Concerning the Issue of Identification by Means of Eyewitness Recognition and the Specific Procedures Used in the Present Case";

NOTING the oral clarifications in court on this matter, and in particular the fact that the Defence intended to rely only on matters that are contained in "Part I" of the report previously filed;¹

NOTING that, on the basis of these clarifications, the Prosecution cross-examined Professor Wagenaar only on "Part I" of the report filed on 27 May 2005;²

CONSIDERING the "Prosecution’s Response to Defence Motion on Behalf of Isak Musliu for Admission of Curriculum Vitae & Expert report of Professor Wagenaar and to Defence Motion on behalf of Isak Musliu for Provisional Admission of Written Evidence in Lieu of Viva Voce Testimony pursuant to Rule 92bis and Attached Annexures" filed on 7 July 2005, whereby the Prosecution indicates that it does not oppose the admission of the curriculum vitae and the Report;

PURSUANT TO Rules 54, 89 and 94bis of the Rules of Procedure and Evidence,

HEREBY GRANTS the Motion;

ADMITS into evidence the documents annexed to the Motion, namely the Curriculum Vitae and the Report as redacted, and

REQUESTS the Registry to

1. mark as an exhibit the above-mentioned documents;

2. assign an exhibit number to these documents; and

3. inform the Chamber and the parties of the exhibit number in writing as soon as practicable.

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

______________________
Judge Kevin Parker
Presiding

Dated this 8^th day of July 2005
At The Hague
The Netherlands