IN THE TRIAL CHAMBER
Before: Judge Gabrielle Kirk McDonald, Presiding
Judge Ninian Stephen
Judge Lal C. Vohrah
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 27 November 1996
DECISION ON PROSECUTION MOTION
FOR PRODUCTION OF DEFENCE WITNESS STATEMENTS
The Office of the Prosecutor:
Mr. Grant Niemann Mr. Alan Tieger
Ms. Brenda Hollis Mr. Michael Keegan
Counsel for the Accused:
Mr. Michail Wladimiroff Mr. Steven Kay
Mr. Alphons Orie Ms. Sylvia de Bertodano
Pending before 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") is an oral motion raised by the Office of the Prosecutor ("Prosecution") during the trial proceedings of 19 September 1996 seeking production of prior statements of Defence witnesses and permission to question Defence witnesses in connection with matters discussed with the Defence in preparation for trial ("Motion"). The Trial Chamber ruled in favour of the Prosecution at the time, overruling the objections of the Defence on both issues. The Defence then requested the Trial Chamber to reconsider its ruling. The oral ruling on the Motion was suspended pending the filing of written submissions and oral argument.
Written submissions were filed by the Prosecution and the Defence on 20 and 23 September 1996, respectively. Oral argument was heard on 24 September 1996 and the Trial Chamber issued an oral decision on that day, reserving the written decision to a later date.
THE TRIAL CHAMBER, HAVING CONSIDERED the written submissions and oral arguments of the parties,
HEREBY ISSUES ITS DECISION.
For the reasons set out in the separate opinions attached to this Decision,
THE TRIAL CHAMBER
By two votes to one, Judge McDonald dissenting,
HEREBY REJECTS the Motion seeking production of prior statements of Defence witnesses and reverses its previous rulings in this respect.
Done in English and French, the English text being authoritative.
Gabrielle Kirk McDonald
Judges Stephen and Vohrah append separate opinions to the Decision of the Trial Chamber.
Judge McDonald appends a dissenting opinion to the Decision of the Trial Chamber.
Dated this twenty-seventh day of November 1996
At The Hague
[Seal of the Tribunal]