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: 11 November 1997
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"
ORDER ON THE MOTION TO ALLOW CERTAIN WITNESSES TO
GIVE TESTIMONY BY MEANS OF VIDEO - LINK CONFERENCE
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 confidential motion to allow certain witnesses to give their testimony by means of video - link conference, filed 26 September 1997, by the Office of the Prosecutor ("Prosecution"), (Official Record at Registry Page ("RP") D5189 - D5192), ("Motion");
CONSIDERING the oral submissions of the Prosecution while speaking to the Motion at a hearing held on 13 October 1997;
CONSIDERING that at that hearing, the Prosecution submitted that three of the four persons named in the motion were totally unwilling to testify and the fourth was possibly willing to testify in The Hague;
NOTING that pursuant to sub - Rule 90 (A) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") a Chamber is authorised to receive testimony by means of video-link conferencing "... in exceptional circumstances and in the interest of justice...";
CONSIDERING that the reasons proffered by the Prosecution for the hearing of the testimony by video link conference do not satisfy the requirements of sub - Rule 90 (A);
PURSUANT TO RULES 54 and 90;
HEREBY DENIES THE MOTION.
Done in both English and French, the English text being authoritative.
Adolphus Godwin Karibi-Whyte
Dated this 11th day of November 1997
At The Hague,
[Seal of the Tribunal]