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: 8 October 1997
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"
ORDER DISPOSING OF DEFENCE MOTION
PURSUANT TO RULE 46 AND FOR DISCLOSURE OF DOCUMENT
The Office of the Prosecutor
Mr. Grant Niemann
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 for Warning Pursuant to Rule 46(A) and to Inform Professional Body Pursuant to Rule 46(B) and for Disclosure of Document" filed on 2 September 1997 (Official Record at Registry Page ("RP") D5055 - D5065) ("Motion") by the Defence for all four accused persons;
NOTING the "Prosecutors Response to Defence Motion for Warning Pursuant to Rule 46(A) and to Inform Professional Body Pursuant to Rule 46(B) and for Disclosure of Document", filed on 12 September 1997 (RP D5143 - D5149);
CONSIDERING that this is an issue which could be easily and promptly resolved through full and open communication between the parties;
CONSIDERING FURTHER that the issue in the Motion involves serious allegations against a professional colleague which should only be made after the most careful examination of the facts and exploration of all avenues for resolution;
BEING SATISFIED that no meaningful efforts were made to ascertain the correct position of the facts on which the allegations were founded;
BEING FURTHER SATISFIED that no unprofessional or reprehensible act has been committed by the Prosecutor in communicating to the President of the Tribunal on a matter which is of concern to all organs of the Tribunal;
PURSUANT TO RULE 54,
HEREBY DENIES the Motion.
Done in both English and French, the English text being authoritative.
Adolphus Godwin Karibi-Whyte
Dated this eighth day of October 1997
At The Hague,
[Seal of the Tribunal]