IN TRIAL CHAMBER II
Judge Wolfgang Schomburg, Presiding
Judge Mohamed Fassi Fihri
Judge Volodymyr Vassylenko
Mr. Hans Holthuis
28 June 2002
ORDER PURSUANT TO RULE 98 TO APPOINT A FORENSIC HANDWRITING EXAMINER
The Office of the Prosecutor:
Ms. Joanna Korner
Mr. Nicholas Koumjian
Counsel for the Accused:
Mr. Branko Lukic
Mr. John Ostojic
TRIAL CHAMBER II 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"),
NOTING that, pursuant to Rule 98, sentence 1, of the Rules of Procedure and Evidence ("Rules"), "[a] Trial Chamber may order either party to produce additional evidence."
NOTING that Rule 94 bis of the Rules provides for the admission of the testimony of an expert witness in proceedings before the International Tribunal,
NOTING that the Defence for Dr. Stakic contests the authenticity of the accused’s signatures as they are alleged to appear, in various forms, on certain documents included in lists 2, 3 and 4, which have been tendered by the Office of the Prosecutor ("Prosecution") in this case,
HAVING HEARD the parties on this issue in court on 27 June 2002,
CONSIDERING that the documents in question form an important part of the evidence before the Chamber,
CONSIDERING that a determination as to the authenticity of the accused’s signature may assist the Chamber in assessing the probative value to be accorded to these documents,
PURSUANT TO RULE 98 OF THE RULES,
HEREBY ORDERS, ex officio,
(i) it accepts the expert witness statement; or
(ii) it wishes to cross-examine the expert witness.
AND REQUESTS the Prosecution to keep the Chamber and the Defence informed of the progress in relation to the preparation of the expert report, and to disclose the report, as soon as it is available, to both the Chamber and the Defence.
Done in both English and French, the English text being authoritative.
Dated this twenty-eighth day of June 2002
At The Hague
[Seal of the Tribunal]