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:
06 November 2003

PROSECUTOR

v.

SLOBODAN MILOSEVIC

___________________________________

DECISION ON PROSECUTIONíS SUBMISSION OF AN ADDENDUM TO THE EXPERT REPORT OF COLONEL IVAN GRUJIC

___________________________________

Office of the Prosecutor:

Mr. Geoffrey Nice
Ms. Hildegaard Uertz-Retzlaff
Mr. Dermot Groome

Amici Curiae:

Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Timothy McCormack

The Accused:

Mr. Slobodan Milosevic

 

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 a "Prosecutionís Submission of an Addendum to the Expert Report of Colonel Ivan Grujic", filed by the Prosecution on 15 October 2003 ("Motion"), and a "Corrigendum to Prosecutionís Submission of an Addendum to the Expert Report of Colonel Ivan Grujic filed on 15 October 2003", filed 04 November 2003,

NOTING that the Prosecution (1) represents in the Motion that (a) on 05 February 2003, the Prosecution filed the report of Colonel Ivan Grujic, who testified before the Trial Chamber on 03 March 2003, describing his participation in exhumations in Sremska Mitrovica, and on 04 March 2003, regarding the Sremska Mitrovica detention facility and the killing of detainees there, (b) on 16 July 2003, Emil Cakalic testified before the Trial Chamber to the killing of Niko Soljic at the Sremska Mitrovica detention facility, (c) the Prosecution conducted further investigations regarding Mr. Soljic as a result of Mr. Cakalicís testimony; (2) and requests that the results of these investigations ("addenda")1 be admitted into evidence as addenda to Colonel Grujicís report, without having to call him to testify again,

NOTING the "Amici Curiae Reply to Prosecution Submission of an Addendum to the Expert Report of Colonel Ivan Grujic dated 15 October 2003", filed by the Amici Curiae on 27 October 2003 ("Opposition"), opposing the Motion and arguing that the addenda are inadmissible under the Rules of Procedure and Evidence of the International Tribunal ("Rules") and that the Motion is inconsistent with the Trial Chamberís "Decision on Prosecutorís Submission of Corrigendum to Expert Report of Patrick Ball", issued 25 February 2003, and "Scheduling Order", issued 24 May 2002,

CONSIDERING that the Motion is untimely under the "Scheduling Order", issued 24 May 2002, which ordered that "no later than Wednesday, 29 May 2002 . . . the Prosecution shall provide to the Trial Chamber . . . the identity and statements of all expert witnesses to be called in this case",

CONSIDERING that the Prosecution cites no legal authority in support of its Motion and has not established the significance of the additional information contained in the addenda which it seeks to admit,

PURSUANT to Rules 54 and 94bis of the Rules,

HEREBY DENIES the Motion.

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

___________
O-Gon Kwon
Judge

Dated this sixth day of November 2003
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Attachments A-G to the Motion.