Case No.: IT-03-69-PT

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Decision of:
6 December 2004

PROSECUTOR

v.

JOVICA STANIäIĆ
FRANKO SIMATOVIĆ

_________________________________________________

DECISION ON PROSECUTION APPLICATION TO AMEND WITNESS LIST

__________________________________________________

The Office of the Prosecutor

Mr. Dermot Groome
Mr. David Re

Counsel for the Accused

Mr. Geert-Jan Alexander Knoops and Mr. Wayne Jordash, for Jovica Stanisic
Mr. Zoran Jovanovic, for Franko Simatovic

 

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 "Report to Trial Chamber Pursuant to Decision on Confidential Prosecution Motions for Protective Measures of 26 October 2004 and Application to Amend Witness List" filed on 18 November 2004 ("Application") by the Office of the Prosecutor ("Prosecution"), requesting permission to amend the Prosecutionís witness list by removing two witnesses, referred to as B-189 and C-040, from the Prosecutionís witness list,

NOTING the (i)"Defence Response to Prosecutionís Report to Trial Chamber Pursuant to Decision on Confidential Prosecution Motions for Protective Measures and Application to Amend Witness List" filed on 24 November 2004 by the Defence of Jovica Stanisic; and (ii) "Defence Response to the Prosecutionís Report to Trial Chamber Pursuant to Decision on Confidential Prosecution Motions for Protective Measures of 26 October 2004 and Application to Amend Witness List" filed on 29 November 2004 by the Defence of Franko Simatovic, stating that both Defence do not oppose the Application,

NOTING that, pursuant to Rule 65 ter (E)(ii) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),1 the Prosecution filed the Prosecutionís witness list on 9 July 2004,2 and that B-189 and C-040 are on the Prosecutionís witness list under the numbers 33 and 37, respectively,

CONSIDERING that, in the present case, it is appropriate to allow the Prosecution to remove B-189 and C-040 from the Prosecutionís witnesses list,

PURSUANT TO Rules 54 and 65 ter of the Rules,

HEREBY GRANTS the Application.

 

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

__________________
Judge Patrick Robinson
Presiding

Dated this sixth day of December 2004
At The Hague
The Netherlands

[Seal of the Tribunal]


1. Rule 65 ter (E)(ii) of the Rules provides that the Prosecution shall file "the list of witnesses the Prosecutor intends to call withÖ"
2. Prosecutor v. Stanisic and Simatovic, Case No. IT-03-69-PT, confidential "Prosecution List of Witnesses Pursuant to Rule 65 ter (E)(ii)," 9 July 2004.