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
Order of:
7 October 2003
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
DECISION ON PROSECUTION MOTIONS FOR THE ADMISSION OF EVIDENCE PURSUANT TO RULE 92BIS
__________________________________________________
The Office of the Prosecutor
Mr. Geoffrey Nice
The Accused
Slobodan Milosevic
Amicus Curiae
Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Timothy 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 ("the International Tribunal"),
BEING SEISED of the following motions filed by the Office of the Prosecutor ("Prosecution"):
NOTING the following responses filed by the Amici Curiae ("Amici"):
NOTING that Rule 92bis provides:
(A) A Trial Chamber may admit, in whole or in part, the evidence of a witness in the form of a written statement in lieu of oral testimony which goes to proof of a matter other than the acts and conduct of the accused as charged in the indictment.
[...]
(D) A Chamber may admit a transcript of evidence given by a witness in proceedings before the Tribunal which goes to proof of a matter other than the acts and conducts of the accused,
NOTING Articles 20 and 21 of the Statute,
CONSIDERING the Accused’s general opposition to the admission of Rule 92bis evidence and assuming the same in regard to the present motions,
CONSIDERING that the evidence presented in the motions does not go to proof of the acts and conduct of the Accused and chiefly crime base, and is therefore admissible under Rule 92bis,
CONSIDERING that the cumulative nature of the testimony is only one factor in favour of admitting a statement under Rule 92bis(A),
CONSIDERING that the Rule 92bis(D) evidence relating to Mirsad Kucanin, witness B-1345, Jeremy Hermer, Francis Roy Thomas, and David Fraser does go to matters which may be of critical importance to the defence of the Accused and that some of the earlier cross-examinations did not adequately cover those matters,
PURSUANT TO Rule 92bis of the Rules,
HEREBY ORDERS as follows:
Done in English and French, the English text being authoritative.
_______________
Richard May
Presiding
Dated this seventh day of October 2003
At The Hague
The Netherlands
[Seal of the Tribunal]