IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Decision of:
17 December 2003
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
DECISION ON PROSECUTION’S SUBMISSION OF ADDITIONAL INFORMATION CONCERNING WITNESSES B-235, B-1254 AND B-1799
__________________________________________________
The Office of the Prosecutor
Ms. Carla Del Ponte
Mr. Geoffrey Nice
Mr. Dermot Groome
The Accused
Mr. Slobodan Milosevic
Amici Curiae
Mr. Steven Kay, QC
Mr. Branislav Tapuskovic
Prof. 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 ("the International Tribunal"),
BEING SEISED of a confidential and partially ex parte "Prosecution’s Submission of Additional Specific Information Concerning Witness B-235, Witness B-1254 and Witness B-1799", filed on 28 November 2003 ("Motion"), responding to the Trial Chamber’s Decision seeking further information on the basis for the application to add these witnesses to the Prosecution’s witness list,(1) and "Prosecution’s Motion for the Admission of Evidence Pursuant to Rule 92 bis (A)", filed on 8 December 2003 ("Rule 92 bis Motion"), seeking the admission into evidence by way of a statement without cross-examination of witnesses B-1254 and B-1799,
CONSIDERING the Trial Chamber’s ruling subsequent to the filing of the Prosecution’s pre-trial material for the Croatia and Bosnia part of these proceedings that it would only allow the admission of additional material by the Prosecution on good cause being shown,(2)
CONSIDERING that the evidence witnesses B-1254 and B-1799 could give is cumulative of another witness who has testified in these proceedings,
CONSIDERING that the Prosecution could, if appropriate and necessary, apply to call these witnesses in its rebuttal case,
CONSIDERING that, with respect to witness B-235, the Trial Chamber accepts that the explanation offered in the Motion satisfies the Trial Chamber that its requirement that good cause be shown is satisfied, in that the witness has only recently become available to testify and that he will give important evidence,
PURSUANT TO Rule 54 of the Rules of Procedure and Evidence
HEREBY ORDERS:
Done in English and French, the English text being authoritative.
___________
Richard May
Presiding
Dated this seventeenth day of December 2003
At The Hague
The Netherlands
[Seal of the Tribunal]