Case No. IT-01-48-T

IN TRIAL CHAMBER I, SECTION A

Before:
Judge Liu Daqun, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Amin El Mahdi

Registrar:
Mr. Hans Holthuis

Decision of:
8 August 2005

PROSECUTOR

__________________________________________

DECISION ON DEFENCE MOTION TO AMEND RULE 65TER EXHIBIT LIST AND ON DEFENCE MOTION FOR ADMISSION OF DEFENCE EXHIBITS

The Office of the Prosecutor:

Mr. Philip Weiner
Ms. Sureta Chana
Mr. David Re
Mr. Manoj Sachdeva

Counsel for the Accused:

Mr. Peter Morrissey
Mr. Guénaël Mettraux

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 Defence "Motion to Amend Rule 65ter Exhibit List", filed on 14 July 2005 with two annexes, by which Motion the Defence seeks to add to its Rule 65ter exhibit list five documents, D1571, D1572, D1573, D1575 and D1576, and in which the Defence submits that good cause has been shown in respect of all proposed additional documents;

NOTING the "Prosecution’s Response to Defence Motion to Amend Rule 65ter Exhibit List", filed on 26 July 2005, wherein the Prosecution states that it does not object to the addition of the documents listed therein;

CONSIDERING that that the Defence has shown good cause;

BEING ALSO SEISED of Defence "Motion for Admission of Defence Exhibits", filed on 29 July 2005, with three annexes ("Motion on Admission"), by which the Defence:

• seeks leave to further amend its Rule 65ter list of exhibits by adding exhibits D1578 and D1579,

• requests the Trial Chamber to admit into evidence the following exhibits: D9, D16, D23a, D45, D54, D68, D74, D84, D90, D106a and D106b, D107, D108, D163, D266, D304d, D305b and D326, D350, D352, D353, D358, D382, D497, D499, D551, D623a, and D1562 and,

• requests the Trial Chamber, should the Motion to Amend Rule 65ter Exhibit List be granted, to admit into evidence also exhibits D1571, D1572, D1573, D1575, D1576, D1578 and D1579;

NOTING that the Defence has withdrawn D1563 from its list¹;

NOTING the "Prosecution’s Response to the Motion for Admission of Defence Exhibits" filed on 3 August 2005("Response"), wherein the Prosecution stated that there are no objections to exhibits D9, D16, D23a, D54, D68, D74, D84, D106a, D106b, D107, D108, D163, D266, D304, D305b, D326, D350, D352, D353, D358, D382, D497, D499, D623a, D1562, D1571, D1572, D1573, D1575 and D1576("non-contested documents");

NOTING that the Prosecution in its Response objects to the admission of documents D45, D90, D551, D1578 and D1579 ("contested documents") on the grounds that;

1. D45 and D90, D1579 are not relevant to the issues at trial,²

2. D551 is neither relevant nor reliable,³ and

3. D1578 goes to evidence of an investigation against a witness which is inadmissible under the law of evidence⁴;

NOTING that Rule 89(C) of the Rules of Procedure and Evidence of the Tribunal ("Rules") provides that the Trial Chamber may admit any relevant evidence that it deems to have probative value;

NOTING the Guidelines on the Standards Governing the Admission of Evidence adopted by the Trial Chamber in this case on 16 February 2005;

CONSIDERING that the Defence has shown good cause for the further amendment of its Rule 65ter exhibit list;

CONSIDERING that the non-contested documents are relevant and have probative value;

CONSIDERING that the contested documents D45, D90, D551 and D1579 are relevant and have probative value;

CONSIDERING that contested document D1578 does not have probative value and that the information therein was not presented to the witness at the time of his testimony, resulting in unfairness for the witness;

CONSIDERING that exhibit D84 has already been admitted as exhibit P384;

PURSUANT TO Rules 54 and 89 of the Rules,

HEREBY GRANTS the Defence Motion to amend Rule 65ter exhibit list and

GRANTS the Defence Motion to further amend Rule 65ter exhibit list and

GRANTS IN PART the Defence Motion for Admission of Exhibits in relation to the following exhibits: D9, D16, D23a, D45, D54, D68, D74, D90, D106a, D106b, D107, D108, D163, D266, D304d, D305b, D326, D350, D352, D353, D358, D382, D497, D499, D551, D623a, D1562, D1571, D1572, D1573, D1575, D1576, D1579; and

DENIES the Defence Motion for Admission of Exhibits in relation to the following exhibits: D84, and D1578;

Done in English and French, the English version being authoritative.

_____________
Judge Liu Daqun
Presiding

Dated this eighth day of August 2005,
At The Hague,
The Netherlands

[Seal of the Tribunal]

1. Motion on Admission, para. 5.
2. Response paras. 6 -7 and 10.
3. Response, para. 8.
4. Response, para. 9