Judge David Hunt, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Liu Daqun

Mr Hans Holthuis

Decision of:
24 July 2001







The Office of the Prosecutor:

Mr Dermot Groome
Mr Ossogo
Ms Sabine Bauer

Counsel for accused:

Mr Vladimir Domazet



BEING SEISED of the "Prosecutorís Motion for Proof of Facts Other Than by Oral Evidence Pursuant to Rule 92 bis" ("Motion") filed on 17 July 2001 by which the Prosecutor seeks to tender into evidence pages of the transcript of the evidence of witness Mr Amor Masovic given in Prosecutor v Krnolejac, Case IT 97- 25 -T;

NOTING that it is proposed to call Mr Masovic to give further oral evidence and that he will be available to be cross-examined upon all of his evidence;

NOTING the statement made by the Defence at the Pre-Trial Conference held on 20 July 2001 that the Defence agrees to the procedure;

PURSUANT TO Rule 92 bis of the Rules of Evidence and Procedure ("Rules");

HEREBY GRANTS the Motion and orders that:

  1. The prosecution be entitled to tender, subject to any ruling of the Trial Chamber as to relevance, pages 4209 to 4216, page 4220, page 4222, and pages 4227 to 4228 of the evidence given by Mr Amor Masovic in the trial of Prosecutor v Krnolejac, Case IT 97- 25 -T, between the 20th and 22nd of March 2001;
  2. The defence be entitled to require the prosecution to tender any further pages upon notification to the prosecution, subject to any ruling by the Trial Chamber as to relevance.


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

Dated this 24th day of July 2001,
At The Hague,
The Netherlands.

Judge David Hunt
Presiding Judge

[Seal of the Tribunal]