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IN THE TRIAL CHAMBER
Before: Judge Antonio Cassese, Presiding
Judge Richard May
Judge Florence Ndepele Mwachande Mumba
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 18 May 1998
PROSECUTOR
v.
MILE MRKSIC
MIROSLAV RADIC
VESELIN SLJIVANCANIN
SLAVKO DOKMANOVIC
___________________________________
DECISION ON DEFENCE MOTION FOR VIDEO LINK CONFERENCE
___________________________________
The Office of the Prosecutor:
Mr. Grant Niemann
Mr. Stefan Wäspi
Mr. Clint Williamson
Ms. Ann Sutherland
Counsel for the Accused:
Mr. Toma Fila and Mr. Vladimir Petrovic, for Slavko Dokmanovic
THE TRIAL CHAMBER
BEING SEISED OF the Defence Motion For Video Link Conference filed on 12 May 1998 ("the Motion"), requesting that two further witnesses who will testify on behalf of the Defence be permitted to do so by means of a video-conference link,
NOTING THAT the Office of the Prosecutor ("Prosecution") has confirmed that it has no objection to the use of video-conference link in respect of these witnesses,
CONSIDERING that the Trial Chamber prefers that witnesses be heard directly whenever possible,
CONSIDERING that the Defence has established that the testimony of these two witnesses is sufficiently important as to make it unfair to proceed without it and that the witnesses are unable or unwilling for good reason to come to the International Tribunal,
CONSIDERING that guidelines for the giving of evidence by video-conference link have been laid down in the Decision on the Defence Motions to Summons and Protect Defence Witnesses, and on the Giving of Evidence by Video-Link, issued by Trial Chamber II in Prosecutor v. Dusko Tadic, Case No. IT-94-1, 25 June 1996 ("the Tadic Decision"),
PURSUANT TO Rules 75 and 90 of the Rules of Procedure and Evidence of the International Tribunal
HEREBY GRANTS the Motion, ORDERS that the witnesses named in the Motion may give testimony through video-conference link provided that the necessary equipment can be made available to the International Tribunal and DIRECTS the Registrar to take all reasonable steps in the circumstances of the present case to ensure that the guidelines established in the Tadic Decision are followed.
Done in English and French, the English text being authoritative.
____________________
Antonio Cassese
Presiding Judge
Dated this eighteenth day of May 1998
At The Hague
The Netherlands
[Seal of the Tribunal]
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