IN THE TRIAL CHAMBER

Before: Judge Adolphus G. Karibi-Whyte, Presiding

Judge Elizabeth Odio Benito

Judge Saad Saood Jan

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 27 January 1997

 

PROSECUTOR

v.

ZEJNIL DELALIC
ZDRAVKO MUCIC also known as "PAVO"
HAZIM DELIC
ESAD LANDZO also known as "ZENGA"

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ORDER DISPOSING OF MOTIONS FILED BY THE DEFENCE

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The Office of the Prosecutor:

Mr. Eric Ostberg Mr. Giuliano Turone

Ms. Teresa McHenry Ms. Elles van Dusschoten

Counsel for the Accused:

Ms. Edina Residovic, Mr. Ekrem Galijatovic, Mr. Eugene O’Sullivan, for Zejnil Delalic

Mr. Branislav Tapuskovic, Ms. Mira Tapuskovic, for Zdravko Mucic

Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic

Mr. Mustafa Brackovic, Ms. Cynthia McMurrey, for Esad Landzo

 

THE TRIAL CHAMBER

HAVING CONSIDERED THE ORAL AND WRITTEN SUBMISSIONS OF THE PARTIES:

HEREBY ORDERS:

(1) Noting the Decision on Motions for Separate Trial issued by this Trial Chamber on 26 September 1996 and considering that the Defence has failed to establish, to the satisfaction of the Trial Chamber, good cause justifying the grant of relief under Sub-rule 73(C) of the Rules, the Motion for Reconsideration of Application for Separate Trial filed on 14 January 1997 on behalf of the accused, Esad Landzo, is denied;

(2) The Defence having failed to establish, to the satisfaction of the Trial Chamber, that the additional motions it seeks to file fall within Rule 73 of the Rules of Procedure and Evidence ("Rules") of the International Tribunal, the Motion for Enlargement of Time in which to file Pretrial Motions filed on 14 January 1997 on behalf of the accused, Esad Landzo, is denied;

(3) With the consent of the Prosecution, the Motion Requesting Subsequent Submission of a Notice to the Prosecutor Offering the Defence of Alibi filed on 14 January 1997 on behalf of the accused, Esad Landzo, is granted, such Notice having already been served on the Prosecution;

(4) Noting the Decision on Motion Based on Defects in the Form of the Indictment issued by this Trial Chamber on 15 November 1996, the Defence Request for Bill of Particulars filed on 14 January 1997 on behalf of the accused, Esad Landzo, is denied;

(5) The parties are instructed to resolve among themselves prior to the commencement of trial the various matters relating to discovery as raised in the Defence Motion for Equal Access to Prosecution Witnesses for Interview, the Defence Motion for Disclosure of Exculpatory Material, the Defence Motion for Designation of Evidence and the Defence Motion for Discovery and Inspection of Evidence, all filed on 14 January 1997 on behalf of the accused, Esad Landzo. If such matters cannot be so resolved, any party may raise them with the Trial Chamber during the trial proceedings;

(6) Noting the Decision on the Exclusion and Restitution of Evidence and Other Material Seized from the accused Zejnil Delalic issued by this Trial Chamber on 9 October 1996, the Defence Request for Exclusion of the Transcript and Video Recordings of the Conversation Handed Over to the Prosecutor on March 18 and 19 1996 in Munich by Zejnil Delalic as Inadmissable Evidence filed on 14 January 1997 on behalf of the accused, Zejnil Delalic, is untimely made but may be re-presented during the trial proceedings if the Prosecution seeks to submit such items in evidence.

 

___________________________

Adolphus G. Karibi-Whyte

Presiding Judge

Dated this twenty-seventh day of January 1997

At The Hague

The Netherlands

[Seal of the Tribunal]