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IN THE TRIAL CHAMBER
Before: Judge Florence Ndepele Mwachande Mumba, Presiding
Judge Antonio Cassese
Judge Richard May
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 29 April 1998
PROSECUTOR
v.
ANTO FURUNDZIJA
___________________________________________________________
DECISION ON MOTION OF DEFENDANT ANTO FURUNDZIJA TO PRECLUDE TESTIMONY OF CERTAIN PROSECUTION WITNESSES
____________________________________________________________
The Office of the Prosecutor:
Mr. Michael Blaxill
Ms. Patricia Viseur-Sellers
Counsel for the Accused:
Mr. Luka Misetic
THE 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"),
FURTHER TO the Motion of the Defendant Anto Furundzija to Preclude Testimony of Certain Prosecution Witnesses filed on 24 April 1998 ("Defence Motion"),
NOTING that a motion to preclude testimony of certain witnesses is dealt with under Rule 73 of the Rules of Procedure and Evidence,
NOTING ALSO the failure of the Prosecution to make available to the Defence no later than sixty days before the date set for trial, i.e., 8 June 1998, copies of the statements of all the witnesses whom the Prosecutor intends to call to testify, as mandated by Rule 66 (A)(ii), and the further failure of the Prosecution to satisfy the Trial Chamber in a timely manner of any reason for its failure to comply with its obligations pursuant to Rule 66 (A)(ii),
CONSIDERING the importance of full and timely compliance by the Parties with the disclosure obligations set forth in the Rules of Procedure and Evidence in order to ensure a fair trial,
EXPRESSES grave concern at the unjustifiable failure of the Prosecution to comply with its disclosure obligations and
HEREBY DISMISSES the Defence Motion and refers the parties to the ensuing Scheduling Order.
Done in both English and French, the English text being authoritative.
___________________________
Florence Ndepele Mwachande Mumba
Presiding Judge
Dated this twenty-ninth day of April 1998
At The Hague
The Netherlands
[Seal of the Tribunal]
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