Case No.: IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Decision of:
9 September 2003
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
DECISION ON PROSECUTION’S APPLICATION FOR ADMISSION OF WRITTEN STATEMENT OF DR. BERKO ZECEVIC PURSUANT TO RULE 92 BIS (A)
__________________________________________________
The Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome
The Accused
Slobodan Milosevic
Amici Curiae
Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Mr. Timothy L.H. McCormack
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 “Prosecution’s Application for Admission of Written Statement of Dr. Berko Zecevic Pursuant to Rule 92 bis (A)", filed on 27 August 2003 ("Motion"), in which the Prosecution seeks to admit the written statement of the named expert pursuant to the Rule 92 bis (A) of the Rules of Procedure and Evidence ("Rules") with the witness appearing for cross-examination,
CONSIDERING that the witness is an expert and therefore the proper procedure to be followed in calling his evidence is set out under Rule 94 bis,
PURSUANT TO Rules 54, 92 bis and 94 bis of the Rules,
HEREBY DENIES the Motion.
Done in English and French, the English text being authoritative.
___________
Richard May
Presiding
Dated this ninth day of September 2003
At The Hague
The Netherlands