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

Order of:
16 January 2004

PROSECUTOR

v.

SLOBODAN MILOSEVIC

_________________________________________________

ORDER ON PROSECUTION’S REQUEST CONCERNING THE TESTIMONY OF B-1731

_________________________________________________

The Office of the Prosecutor

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

Amicus Curiae

Mr. Steven Kay
Mr. Branislav Tapuskovic
Prof. Timothy L. H. 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 confidential "Prosecution’s Request for Permission to Call Witness B-248 and Notice of Intention to Seek Admission of a Statement of B-1731 Pursuant to Rule 89 (F)", filed by the Prosecution on 24 December 2003 ("Motion"), requesting, inter alia:

  1. the admission of a statement of B-1731 pursuant to Rule 89 (F) which would cover three meetings during the period between 7 and 15 July 1995;

  2. limitation of his evidence to that period between 7 and 15 July 1995, and in particular the meetings referred to;

  3. limitation of cross-examination of the witness to the subject-matter of the Rule 89 (F) statement; and

  4. an order that the evidence of the witness not take more than one court session,

CONSIDERING that, in the absence of the statement of evidence it is proposed the witness would give, it is not possible for the Trial Chamber to determine the Motion, and that the Motion is therefore premature,

CONSIDERING that if the Prosecution produce such a statement the Trial Chamber will consider any application concerning the proposed evidence,

PURSUANT TO Rules 89 (F) and 54 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY DENIES THE MOTION IN RESPECT OF WITNESS B-1731.

 

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

______________
Richard May
Presiding

Dated this sixteenth day of January 2004
At The Hague
The Netherlands

[Seal of the Tribunal]