IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon
Registrar:
Mr. Hans Holthuis
Decision of:
26 February 2004
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________________
DECISION ON PROSECUTION MOTION FOR CLARIFICATION AND RECONSIDERATION OF TRIAL CHAMBER’S DECISION ON PROSECUTION MOTION FOR THE ADMISSION OF WITNESS STATEMENT OF INVESTIGATOR BERNARD O’DONNELL IN LIEU OF VIVA VOCE TESTIMONY PURSUANT TO RULES 54 AND 92 bis
__________________________________________________
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 "Prosecution Motion for Clarification of Trial
Chamber’s Decision on Prosecution Motion for the Admission of Witness Statement
of Investigator Bernard O’Donnell in Lieu of Viva Voce Testimony Pursuant to
Rules 54 and
92 bis", filed by the Prosecution on 24 February 2004 ("Motion"),
requesting
CONSIDERING that the Trial Chamber Decision of 12 February does not impact upon the authentication exercise described in the Motion, the latter process concerning the manner in which the documents came into the possession of the Prosecution,
CONSIDERING that the documents excluded, for which the Prosecution seeks reconsideration, are media reports not tendered through a witness who can contextualise them and give them relevance (and therefore are distinct from the example provided by the Prosecution in its Motion), and that no adequate argument is offered by the Prosecution that would lead the Trial Chamber to reconsider its Decision,
PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal
HEREBY ORDERS that the Prosecution may file as authenticating material in the Bosnia and Croatia parts of the case a declaration from Investigator Bernard O’Donnell and otherwise DENIES the Motion.
Done in English and French, the English text being authoritative.
_____________
O-Gon Kwon
Judge
Dated this twenty-sixth day of February 2004
At The Hague
The Netherlands
[Seal of the Tribunal]