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: 20 January 1998
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"
ORDER ON THE MOTION TO SEEK LEAVE TO CALL ADDITIONAL
EXPERT WITNESS CONCERNING HANDWRITING
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 of the Office of the Prosecutor ("Prosecution") seeking leave to call an additional expert witness concerning handwriting, dated 20 November 1997 (Official Record at Registry Page ("RP") D5322 - D5325) ("Motion") and the Prosecution notice of amendment to the Motion, dated 21 November 1997 (RP D5327 - D5328) ("Amendment");
NOTING the response of the defendant Zejnil Delalic ("Defence") to the Motion and to the Amendment;
NOTING the oral arguments of the Prosecution and the Defence while speaking to the Motion and the Amendment at a hearing held on 3 December 1997;
NOTING that the Trial Chamber issued a scheduling order on 25 January 1997 (RP D2671 - 2673) ("Order") that, inter alia, provided that:
"For good cause shown, the Trial Chamber will allow testimony of expert witnesses where notice of such expert testimony is given after the required date. The party offering such expert testimony shall provide the notice required in paragraph (1) above, and the justification for the late notice."
NOTING that the grounds for bringing the Motion is that the Prosecution apprehends a reluctance on the part of the Trial Chamber to draw probative inferences from documents tendered by the Prosecution, as a result of an oral ruling made by the Trial Chamber on 6 November 1997;
CONSIDERING that the grounds for bringing the Motion do not demonstrate good cause;
FOR THE FORGOING REASONS;
HEREBY DENIES THE MOTION.
Done in both English and French, the English text being authoritative.
Adolphus Godwin Karibi-Whyte
Dated this twentieth day of January 1998
At The Hague,
[Seal of the Tribunal]