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

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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