|(Exclusively for the use of the media. Not an official document)||
The Hague, 2 August 2004
Norac and Ademi cases:
Trial Chamber I Grants Prosecution's Motion to Join Indictments
On 30 July 2004, Trial Chamber I, consisting of Judge Liu Daqun, presiding, Judge Amin El Mahdi and Judge Alphonsus Orie, granted the "Prosecution’s Motion for Joinder of Accused" filed on 27 May 2004.
The Trial Chamber noted the Prosecution argument that "(i) the legal requirements of Rule 48 are met, (ii) a joint trial would be in the interests of justice, (iii) a joint trial would neither create a conflict of interest nor interfere with the rights of the accused;". The Trial Chamber further noted that in the Defence response to the Prosecution’s Motion, Mirko Norac did not object to the joinder and that no response was filed by Rahim Ademi’s Defence.
In coming to its decision, The Trial Chamber considered that "both accused are charged with the same crimes, allegedly committed during the same period and in the same geographical area; that the indictments demonstrate prima facie that the crimes charged against both accused were committed in the course of the same transaction";
that "a joinder would avoid duplication of the presentation evidence, minimise hardship to witnesses, be in the interests of judicial economy and ensure consistency of verdicts";
that "a joinder would not create a conflict of interest nor otherwise prejudice the rights of the accused to a fair and expeditious trial";
that "it is in the interests of justice that both accused be tried in a single trial";
and that "this decision solely deals with the Motion for Joinder and is without prejudice to any further decision on other matters."
The full text of the Decision is available through ICTY Press Office.
International Criminal Tribunal for the former Yugoslavia
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