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: 30 July 1998

PROSECUTOR

v.

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

_____________________________________________________

ORDER ON THE PROSECUTION’S NOTIFICATION OF
WITNESSES ANTICIPATED TO TESTIFY IN REBUTTAL

_____________________________________________________

The Office of the Prosecutor:

Mr. Grant Niemann

Ms. Teresa McHenry

Mr. Giuliano Turone

Counsel for the Accused:

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

Mr. Zeljko Olujic, Mr. Tomislav Kuzmanovic, for Zdravko Mucic

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

Ms. Cynthia McMurrey, Ms. Nancy Boler for Esad Landzo

 

THIS 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 ("International Tribunal");

 BEING SIESED of the "Prosecution’s notification of witnesses anticipated to testify in rebuttal" (Official Record at Registry Page ("RP") D7280-D7328), filed by the Office of the Prosecutor ("Prosecution") on 22 July 1998 ("Motion");

 NOTING the "Motion by the defendant Delalic opposing the Prosecution’s notification of witnesses anticipated to testify in rebuttal" (RP D7333-D7337), filed by the Defence for Zejnil Delalic on 23 July 1998;

 FURTHER NOTING the submissions of the Prosecution and the Defence whilst speaking to the Motion on 24 July 1998;

 CONSIDERING that Rule 85 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") provides, inter alia, that each party is entitled to call witnesses and present evidence and that, evidence for the defence shall be followed by Prosecution evidence in rebuttal;

 FURTHER CONSIDERING that rebuttal evidence is evidence is limited to matters that arise directly and specifically out of defence evidence;

PURSUANT TO RULES 54 AND 85,

 HEREBY GRANTS leave to the Prosecution to call Dr. Landy Sparr, as a rebuttal witness, to rebut the testimony of Dr. van Leeuwen and Dr. Lagazzi and Dr. Gripon who gave evidence for Esad Landzo.

 

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

 _____________________________

Adolphus G. Karibi-Whyte

Presiding Judge

Dated this thirtieth day of July 1998,

At The Hague,

The Netherlands.

[Seal of the Tribunal]