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IN THE TRIAL CHAMBER
Before: Judge Richard May, Presiding
Judge Antonio Cassese
Judge Florence Ndepele Mwachande Mumba
Registrar: Dorothee de Sampayo Garrido-Nijgh
Order of: 12 May 1998
PROSECUTOR
v.
MILAN KOVACEVIC
_______________________________________________________________
ORDER ON PROSECUTION REQUEST FOR JUDICIAL NOTICE
_______________________________________________________________
Office of the Prosecutor:
Ms. Brenda Hollis
Ms. Ann Sutherland
Mr. Michael Keegan
Counsel for the Accused:
Mr. Dusan Vucicevic
Mr. Anthony DAmato
THE TRIAL CHAMBER
NOTING the Prosecutors Request For Judicial Notice filed by the Office of the Prosecutor ("Prosecution") on 20 April 1998 ("Request for Judicial Notice") and the Defence Reply thereto filed on 5 May 1998,
NOTING that the Defence agrees to the admission by judicial notice of the facts set out in points 1 and 2 of the Request for Judicial Notice but that it contests the admission by judicial notice of the facts set out in points 3 to 7 of the Request for Judicial Notice,
NOTING that the Prosecution has undertaken to produce to the Defence documentary evidence of the facts set out in points 6 and 7 of the Request for Judicial Notice,
HAVING HEARD the arguments of the parties on 11 May 1998 and having ruled on the Motion at that time, reserving its written decision to a later date,
CONSIDERING that Rule 94 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") provides that a Trial Chamber shall not require proof of facts of common knowledge but shall take judicial notice thereof,
CONSIDERING FURTHER that the facts set out in points 1 to 7 of the Request for Judicial Notice are facts of common knowledge of which the Trial Chamber may properly take judicial notice,
PURSUANT TO Rule 94
HEREBY GRANTS THE REQUEST FOR JUDICIAL NOTICE and
The Defence shall be at liberty to apply to the Trial Chamber for further ruling after production of such documentary evidence.
Done in English and French, the English text being authoritative.
__________________________
Richard May
Presiding Judge
Dated this twelfth day of May 1998
At The Hague
The Netherlands
[Seal of the Tribunal]
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