(Exclusively for the use of the media. Not an official document)
The Hague, 8 September 1997
TRIAL CHAMBER DENIES ESAD LANDZO'S MOTION
FOR THE EXCLUSION OF EVIDENCE
On 1 September 1997, Trial Chamber II (consisting of Judge Karibi-Whyte, presiding, Judge Odio Benito and Judge Jan) issued a written decision on the Defence Motion filed on 7 may 1997.
In conformity with Rule 73(C) of the Rules of Procedure and Evidence, the Defence filed a Motion requesting relief from Esad Landzo's waiver of his right to bring a motion to exclude from evidence Statements conducted by the Office of the Prosecutor on 18 July 1996,. To support its Motion, the Defence noted that "counsel acting for the accused before now was not aware that the
Motion was necessary". The Prosecution opposed this Motion on 12 May 1997. The Chamber heard the oral arguments of the parties on 14 May 1997 and delivered an oral decision denying the Motion.
In its written Decision, the Chamber recalled that a good cause had to be shown in order for the Chamber to grant relief from waiver of the accused's right to file such a motion. However, in the present case, the Chamber deemed that "a mere change of counsel cannot constitute good cause why relief should be granted from waiver of the right".