Case No. IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Decision:
5 May 2005
PROSECUTOR
v.
SLOBODAN MILOSEVIC
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DECISION ON PROSECUTION MOTION FOR ORDER DIRECTING THE DEFENCE TO IMMEDIATELY PROVIDE ADDITIONAL MATERIAL FROM DEFENCE WITNESS DRAGAN JASOVIC
_________________________________________________
Office of the Prosecutor:
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused:
Mr. Slobodan Milosevic
Court Assigned Counsel:
Mr. Steven Kay, QC
Ms. Gillian Higgins
Amicus Curiae:
Prof. 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 ("International Tribunal"),
BEING SEISED of a "Prosecution’s Motion for Order Directing the Defence to Immediately Provide Additional Material from Defence Witness Dragan Jasovic", filed 28 April 2005 ("Motion"), requesting the Trial Chamber to issue an order directing the Defence to immediately provide copies of all records created by Defence Witness Dragan Jasovic ("witness") and other members of the Urosevac SUP or other Republic of Serbia institutions, related to events in the village of Racak during 1998 and 1999, which are presently located in Leskovac, Serbia,
CONSIDERING that the Trial Chamber has already facilitated fulfilment of the relief requested in the Motion by (1) inquiring with the witness whether he would be willing and able to produce the requested materials to the Registry and (2) instructing the Registry to provide to the Prosecution copies of any materials provided to the Registry by the witness prior to the date upon which the witness’ cross-examination will commence,1
CONSIDERING that the witness agreed that he would do his best to locate the materials and provide them to the Registry,2
PURSUANT to Rule 54 of the Rules of Procedure and Evidence of the International Tribunal,
HEREBY DENIES the Motion.
Done in both English and French, the English text being authoritative.
______________
Judge Robinson
Presiding
Dated this fifth day of May 2005
At The Hague
The Netherlands
[Seal of the Tribunal]