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 MOTION FOR RECONSIDERATION OF APPLICATION TO ADD WITNESS C-1249 TO THE WITNESS LIST
_________________________________________________
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 and partly ex parte "Prosecution Motion for Re-consideration of Application to Add Witness C-1249 to the Witness List", filed by the Prosecution on 19 December 2003 ("Motion"), requesting that the Trial Chamber reconsider its prior orders refusing the addition of this witness to the Prosecution witness list and suspend consideration of the conditions imposed on the testimony of the witness pending further negotiations between the Prosecutor and the Government referred to in the Motion,
CONSIDERING that the Trial Chamber has refused leave to add this witness to the witness list on two prior occasions:
NOTING that the Prosecution has re-stated and elaborated on the importance it attaches to the prospective evidence the witness would give and has stated that the Prosecutor is negotiating with the relevant Government to "further define and, if possible, reduce" the conditions it imposes on the evidence of the witness,
CONSIDERING that whilst the Prosecution has addressed the grounds for refusal in the 17 December 2003 Order, nothing in the Motion cures the concerns the Trial Chamber expressed and upon which it determined that the admission of the evidence was inappropriate, and in particular it has given no good reason why this evidence has not been brought forward earlier in the trial,
CONSIDERING that the application has twice now been fully argued and determined,
PURSUANT TO Rules 89 (D) and 54 of the Rules of Procedure and Evidence of the International Tribunal,
HEREBY DENIES THE MOTION
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]