Case no. IT-02-60-T
IN TRIAL CHAMBER I, SECTION A
Judge Liu Daqun, Presiding
Judge Volodymyr Vassylenko
Judge Carmen Maria Argibay
Mr. Hans Holthuis
10 July 2003
The Office of the Prosecutor:
Mr. Peter McCloskey
Counsel for the Accused:
Mr. Michael Karnavas and Ms. Suzana Tomanovic for Vidoje
Mr. Miodrag Stojanovic and Ms. Cynthia Sinatra for Dragan Jokic
TRIAL CHAMBER I, SECTION A, ("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 ("Tribunal"),
BEING SEISED OF the "Prosecutionís Motion to Amend Witness List," filed by the Office of the Prosecutor ("Prosecution") on 9 July 2003 ("Motion"), in which the Prosecution seeks to remove three witnesses from its witness list,1 and retain one witness which the Trial Chamber had recommended it remove from its witness list,2
NOTING that as the Motion is filed in response to the Trial Chamberís recommendations in the Decisions, no responses by either Accused were to be filed,
NOTING that the witness the Prosecution seeks to retain had been proposed as a witness pursuant to Rule 92 bis (A) and (B) of the Rules of Procedure and Evidence of the Tribunal ("Rules"),
RECALLING the First Decision, in which the Trial Chamber considered the jurisprudence in relation to Rule 92 bis of the Rules in detail,
CONSIDERING that the Prosecution has demonstrated good cause why W52 should be maintained on the witness list, namely, to "complement and complete" the testimony of another witness who will testify viva voce,
CONSIDERING that the proposed evidence of witnesses W52 does not go to the acts and conduct of the Accused,
CONSIDERING that it is necessary for the written statement of W52 to be certified in accordance with Rule 92 bis (B) of the Rules, and that until such a declaration is taken, the Trial Chamber will not make a final determination of whether it is necessary to call W52 for cross-examination,
PURSUANT TO Rules 73 and 92 bis of the Rules,
HEREBY GRANTS the Motion, and
FURTHER ORDERS that the evidence of W52 be admitted pursuant to Rule 92 bis, with the determination of whether to call this witness for cross-examination to be made upon receiving the written statement in accordance with Rule 92 bis (B).
Done in English and French, the English version being authoritative.
Judge Liu Daqun
Dated this tenth day of July 2003,
At The Hague
1. The witnesses
the Prosecution seeks to remove are: W49, W32 and W54.
2. First Decision on Prosecutionís Motion for Admission of Witness Statements and Prior Testimony pursuant to Rule 92 bis, 12 June 2003 ("First Decision"), and "Decision on Prosecutionís Motion to Admit Evidence under Rule 92 bis," 30 June 2003, (collectively, "Decisions"). The witness the Prosecution seeks to retain is W52.