Case No.: IT-03-68-PT

IN THE TRIAL CHAMBER

Before:
Judge
Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Decision of:
16 September 2004

PROSECUTOR

v.

NASER ORIC

_________________________________________________

DECISION ON PROSECUTIONíS MOTION TO FILE AN EXPERT STATEMENT PURSUANT TO RULE 94 bis

__________________________________________________

The Office of the Prosecutor

Mr. Jan Wubben

Counsel for the Accused

Ms. Vasvija Vidovic
Mr. John Jones

 

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 the "Prosecutionís Motion to File an Expert Statement Pursuant to Rule 94 bis" filed on 6 September 2004 ("Motion") by the Office of the Prosecutor ("Prosecution"), requesting leave to file the expert statement of Dr. Andrew James William Gow ("Dr. Gow") and to call Dr. Gow as an expert witness, pursuant to Rule 94 bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

NOTING the "Defence Response to Prosecutionís Motion to File an Expert Statement Pursuant to Rule 94 bisĒ filed on 13 September 2004 (ďResponseĒ) by the Defence of Naser Orić, stating that the Defence "wishes to cross-examine the expert witness, pursuant to Rule 94 bis (B)(ii); and (ii) does not challenge the qualifications of the witness as an expert nor the relevance of any parts of the expert report, pursuant to Rule 94 bis (B)(iii)," 1

NOTING that Dr. Gow was listed on the Prosecutionís list of witnesses in its pre-trial brief,2 and that it is the status of the witness "from fact witness to expert witness" the Prosecution wishes to change,3

NOTING that Rule 54 of the Rules provides that a Trial Chamber may issue such orders that may be necessary for the preparation or conduct of the trial,

CONSIDERING that the parties are in agreement with respect to Dr. Gow as an expert witness,

PURSUANT TO Rules 54 and 94 bis of the Rules,

HEREBY GRANTS the Motion.

 

Done in English and French, the English text being authoritative.

__________________
Patrick Robinson
Presiding

Dated this sixteenth day of September 2004
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Response, para. 2.
2. Prosecutor v. Oric, Case No. IT-03-68-PT, "Prosecutionís Submissions Pursuant to Rule 65 ter (E)," 5 Dec. 2003.
3. Motion, para. 7.