IN THE TRIAL CHAMBER
Before: Judge Adolphus G. Karibi-Whyte, Presiding
Judge Elizabeth Odio-Benito
Judge Saad Saood Jan
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 6 March 1997
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"
DECISION ON THE APPLICATIONS FILED ON BEHALF OF THE ACCUSED HAZIM DELIC ON 18 FEBRUARY1997
The Office of the Prosecutor:
Mr. Eric Ostberg
Mr. Giuliano Turone
Ms. Teresa McHenry
Ms. Elles van Dusschoten
Counsel for the Accused:
Ms. Edina Residovic, Mr. Ekrem Galijatovic & Mr. Eugene OSullivan, for Zejnil
Mr. Branislav Tapuskovic & Ms. Mira Tapuskovic, for Zdravko Mucic
Mr. Salih Karabdic & Mr. Thomas Moran, for Hazim Delic
Mr. Mustafa Brackovic & Ms. Cynthia McMurrey, for Esad Landzo
THE TRIAL CHAMBER
CONSIDERING the Motion submitted by the Defence of Hazim Delic for Leave to File Out of Time Notice Pursuant to Rule 67(A)(ii)(b) of the Rules of Procedure and Evidence ("the Rules") filed on 18 February 1997 (Official Record at Registry Page ("RP") D2747-D2745), and the Motion to File Out of Time Designation of Expert Witness on behalf of the same accused filed on the same date (RP D2744-D2742);
FURTHER CONSIDERING the Prosecutions Response to Hazim Delics Motion for Leave to File Out of Time Designation of Expert Witness filed on 21st February 1997 (RP D2774-D2772);
CONSIDERING that the argument raised by the Prosecution, namely that the Trial Chamber set a deadline of two weeks after the resolution of preliminary motions for the raising of such special defences, is not applicable to the accused Hazim Delic as such deadline referred only to co-accused Esad Landzo;
NOTING that the Defence for the accused Hazim Delic filed with the Registry a Notice Pursuant to Rule 67(A)(ii)(b) of the Rules of Procedure and Evidence on 3 March 1997 (D2929-D2928);
FURTHER NOTING that in accordance with Sub-rule 67(A)(ii)(b) the defence shall notify the Prosecutor of its intent to offer any special defence as early as reasonably practicable and in any event prior to the commencement of the trial;
CONSIDERING that the Defence for the accused Hazim Delic filed the designation of Dr. Raymond Harold Prince as expert witness on 14 February 1997 and that a copy of his curriculum vitae was sent to the Registrar on the same date;
FURTHER CONSIDERING that this notice accords with the requirements set out in the Order of this Trial Chamber of 25 January 1997 (Order to Provide Notice of Expert Witness RP D2673-D2671);
HEREBY FINDS that there are no issues outstanding between the Prosecution and the Defence for Hazim Delic in relation to the motions referred to above which require a decision by the Trial Chamber at this stage.
Done in English and French, the English text being authoritative.
Adolphus G. Karibi-Whyte
Dated this sixth day of March 1997
At The Hague
[Seal of the Tribunal]