Judicial Supplement 4 - The Prosecutor v. Goran Jelisic

The Prosecutor v. Goran Jelisic - Case No. IT-95-10-T

"Decision on the Prosecutor’s Motions to Add a Few More Witnesses According to Rule 73(E) Dated 17 and 24 March 1999"

27 April 1999
Trial Chamber I (Judges Jorda [Presiding], Riad and Rodrigues)

Article 21 and Sub-rule 73 bis (E) - additions to the Prosecutor’s witness list.

In deciding whether to allow the Prosecution to call additional witnesses, the Trial Chamber must balance the interests of justice in hearing evidence necessary to ascertain the truth and then allowing such evidence to be subject to examination by the parties against the right of the accused to be tried without undue delay.

In two Motions dated 17 March 1999 and 24 March 1999, the Prosecution requested that a total of four extra witnesses be added to the list of witnesses it intends to call. The list was initially submitted pursuant to Sub-rule 73 bis (B)(iv) of the Rules of Procedure and Evidence.

The Prosecution asserted that the additional witnesses would shed light on the genocidal intent of the accused at the time of the alleged crimes. It conceded, however, that the fourth additional witness would testify about the same or similar topics as did his bother whose name already appeared on the witness list.

The Trial Chamber allowed the addition of three new witnesses. However, after having considered Sub-rules 73 bis (C) and (D), it deemed it unnecessary to hear both the fourth witness and his brother at this stage of the case and therefore ordered the Prosecution to choose which of the two it wished to call.