Case No.: IT-95-9-PT

IN TRIAL CHAMBER II

Before: Judge Florence Mumba, Pre-trial Judge

Registrar: Mr. Hans Holthuis

Decision of: 4 September 2001

 

PROSECUTOR

v.

BLAGOJE SIMIC
MILAN SIMIC
MIROSLAV TADIC
SIMO ZARIC

_____________________________________________________________

DECISION ON PROSECUTORíS REQUEST TO HAVE ONE ADDITIONAL WITNESS ADDED TO HER WITNESS LIST

_____________________________________________________________

The Office of the Prosecutor

Mr. Peter McCloskey
Mr. Gramsci Di Fazio
Ms. Aisleen Reidy

Counsel for the accused

Mr. Igor Pantelic for Blagoje Simic
Mr. Slobodan Zecevic and Ms. Catherine Baen for Milan Simic
Mr. Novak Lukic and Mr. Dragan Krgovic for Miroslav Tadic
Mr. Borislav Pisarevic and Mr. Aleksandar Lazarevic for Simo Zaric

 

I, Judge Florence Mumba, Judge 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,

HAVING BEEN APPOINTED as pre-trial Judge in this matter by virtue of an order of the Trial Chamber dated 3 September 2001,

BEING SEISED of a "Prosecutorís request to have one additional witness added to its witness list" (the "Request"), filed by the Office of the Prosecutor (the "Prosecution") on 17 August 2001, in which the Prosecution requests to be allowed to add Dr. Ewa Tabeau, an expert in demographic studies who is a member of the Prosecutionís Demographic Unit, to its witness list,

NOTING the "Joint Defense Notice Responding (sic) the Prosecutorís Requests to Have Two Additional Witnesses on its Witness List" filed by counsel for Blagoje Simic, Milan Simic, Miroslav Tadic and Simo Zaric (the "Defence") on 27 August 2001, in which the Defence states that it wishes to cross-examine, inter alia, Dr. Tabeau,

CONSIDERING that a report, inter alia prepared by Dr. Tabeau, on the "Changes in the ethnic composition in Bosanski Samac and Odzak, 1991 and 1997" (the "Report") was attached to the Motion and served on the Defence, and that her evidence will assist the Trial Chamber in the determination of the case,

CONSIDERING that, although Dr. Tabeau is not sought to be added to the Prosecution witness list as an expert witness pursuant to Rule 94 bis of the Rules of Procedure and Evidence (the "Rules"), her examination in chief will be very limited, and will consist mostly of her Report,

CONSIDERING that, pursuant to Rule 85 of the Rules, the Defence is entitled to cross-examine Dr. Tabeau,

HEREBY GRANT THE MOTION.

 

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

_____________________________
Florence Mumba
Pre-trial Judge

Dated this fourth day of September 2001
At The Hague
The Netherlands

[Seal of the Tribunal]