IN THE TRIAL CHAMBER
Before: Judge Adolphus Karibi-Whyte, Presiding
Judge Elizabeth Odio Benito
Judge Saad Saood Jan
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of: 1 August 1997
ZDRAVKO MUCIC, also known as "Pavo"
ESAD LANDZO, also known as "Zenga"
ORDER ON THE MOTION BY THE PROSECUTION FOR LEAVE TO
CALL ADDITIONAL WITNESSES
The Office of the Prosecutor:
Mr. Eric Ostberg
Ms. Teresa McHenry
Mr. Giuliano Turone
Counsel for the Accused:
Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene OSullivan, for Zejnil Delalic
Mr. Zeljko Olujic, Mr. Michael Greaves, for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Mr. John Ackerman, Ms. Cynthia McMurrey, for Esad Landzo
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 ("International Tribunal");
BEING SEISED of a "Motion to Seek Leave to Call Additional Witnesses" ("Motion") filed on 4 July 1997 by the Office of the Prosecutor ("Prosecution") (Official Record at Registry Page ("RP") D 3968 - D 3986);
NOTING that the Prosecution seeks to call fourteen additional witnesses identified by numbers 1 through to 14;
NOTING FURTHER that the Prosecution proposes to call certain officers of the Austrian Police identified by the numbers 8 through to 14 for verification of the procedure and chain of custody of seized material that the Prosecution seeks to introduce as evidence;
CONSIDERING the "Response by the Defendant Zejnil Delalic to the Prosecution Motion to Seek Leave to Call Additional Witnesses" ("Response") objecting to the calling of additional witnesses filed on 17 July 1997 (RP D 4023 - D 4026);
CONSIDERING the oral arguments of the Prosecution and the Defence for each of the four accused persons while speaking to the Motion on 18 July 1997;
CONSIDERING that certain of the Defence Counsel raised objections on behalf of their clients during oral argument;
CONSIDERING that the Prosecution submitted in oral argument that there is a possibility that it may be unnecessary to call all seven of witnesses 8 through to 14;
CONSIDERING that, having heard the Prosecutions submission, none of the Defence for the four accused persons had objections to the calling of additional witnesses 8 through to 14 provided that only as many of these witnesses will be called as are necessary for the Trial Chamber to determine the legality of the search and seizure procedure;
CONSIDERING Rule 54 of the Rules of Procedure and Evidence ("Rules"), which empowers the Trial Chamber, at the request of either party, to issue such orders as may be necessary for the preparation or conduct of the trial;
CONSIDERING FURTHER Article 20 of the Statute of the International Tribunal ("Statute") which mandates the Trial Chamber to ensure that a trial is fair and expeditious and that the proceedings are conducted in accordance with the Rules;
CONSIDERING FURTHER Article 21 (4) of the Statute which endows the accused with certain fair trial rights, in particular Article 21 (4)(b) which stipulates that the accused shall be entitled to adequate time and facilities for the preparation of his defence;
CONSIDERING that the request for additional witnesses 8 through to 14 will not unduly affect any of the accuseds fair trial rights and in particular, the right to adequately prepare their defence;
FOR THE FOREGOING REASONS, PURSUANT TO RULE 54,
1. GRANTS the Prosecution leave to call as many of the witnesses identified by numbers 8 through to 14 as may be necessary to verify the procedure and chain of custody for the seized material that the Prosecution seeks to introduce as evidence.
2. DEFERS its Ruling on whether to grant leave to call additional witnesses 1 through to 7 until a later date.
Done in both English and French, the English text being authoritative.
Dated this first day of August 1997,
At The Hague
[Seal of the Tribunal]