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:
17 December 2003

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON PROSECUTIONíS 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 "Prosecutionís 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 Chamberís Decision seeking further information on the basis for the application to add these witnesses to the Prosecutionís witness list,(1) and "Prosecutionís 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 Chamberís ruling subsequent to the filing of the Prosecutionís 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:

  1. Witness B-235 may be added to the Prosecution witness list.

  2. Witnesses B-1254 and B-1799 may not be added to the witness list.

  3. The Rule 92 bis Motion in respect of witnesses B-1254 and B-1799 is denied.

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]


1. "Decision on Prosecutionís Fourth Omnibus Motion for Leave to Amend the Witness List and Request for Protective Measures", 21 November 2003.
2. "Decision on Prosecution Request for Agreement of Trial Chamber to Amend Schedule of Filings", 18 April 2002, p.3.