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
Order of: 6 March 1997
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"
ORDER DISPOSING OF THE PROSECUTION MOTION IN LIMINE REGARDING ADDITIONAL MENTAL HEALTH EXPERT AND RESPONSE TO THE DEFENCE NOTIFICATION OF EXPERT WITNESS
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 Delalic
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 both the designation of expert witness filed on behalf of the accused Esad Landzo on 12 February 1997 designating Dr. Edward B. Gripon as an expert witness for the Defence (Official Record at Registry Page ("RP") D2702-D2701) and the Prosecution Motion in limine Regarding Additional Mental Health Expert and Response to Defence Notification of Expert Witness (RP D2821-D2819) filed on 24 February 1997 ("Motion");
FURTHER CONSIDERING that the Defence for Esad Landzo expresses its intention to call two additional expert witnesses, the identities of whom it will notify the Prosecution at a future date, to testify with regard to the accuseds physical capacity in the Letter to the Prosecution dated 14 February 1997 (RP D2721) and that the Prosecution does not object to the late filing of the identities of such additional expert witnesses;
NOTING that for reasons stated in the Motion, the Prosecution objects to Dr. Edward B. Gripon appearing as a mental health expert witness to give testimony on the psychiatric condition of the accused Esad Landzo;
CONSIDERING that the accused has a right to call such witnesses in support of its case as it sees fit and that the Trial Chamber finds no persuasive reason to deny this right in this circumstance;
PURSUANT TO RULE 54,
HEREBY DISMISSES THE MOTION AND ORDERS that:
1. the Defence may call Dr. Edward B. Gripon as an expert witness subject to the financial approval of the Registrar;
2. the Defence may notify the Prosecution of the identities of such expert witnesses it deems appropriate to call in to give testimony with respect to the physical capacity of the accused provided that such notice complies with Sub-paragraph 2(iv) of the Order to Provide Notice of Expert Witnesses issued by the Trial Chamber on 25 January 1997 (RP D2673-D2671).
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]