Susica Camp, Prosecutor v. D. Nikolic, Warrant of Arrest, IT-94-2 (ICTY TC, Nov. 04, 1994)

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Prijedor, Prosecutor v. Kovacevic, Decision on Defence Request to Cross-Examine the Prosecutor's Expert Witnesses, IT-97-24 (ICTY TC, Jul. 03, 1998)
IN THE TRIAL CHAMBER

Before: Judge Richard May, Presiding

Judge Antonio Cassese

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 3 July 1998

PROSECUTOR

v.

MILAN KOVACEVIC

___________________________________________________________

DECISION ON DEFENCE REQUEST TO CROSS-EXAMINE THE PROSECUTOR’S EXPERT WITNESSES

___________________________________________________________

The Office of the Prosecutor:

Ms. Brenda Hollis
Ms. Ann Sutherland
Mr. Michael Keegan

Counsel for the Accused:

Mr. Dusan Vucicevic
Mr. Anthony D’Amato

THE TRIAL CHAMBER,

NOTING the Defence Request To Cross-Examine The Prosecutor’s Expert Witness ("the Request"), filed on 30 June 1998, and the Response thereto filed by the Office of the Prosecutor ("Prosecution") on 1 July 1998,

NOTING the Order of the Trial Chamber of 13 May 1998 concerning, inter alia, the testimony of expert witnesses,

NOTING THAT the Defence seeks (a) the presence of the Prosecution expert witness Sophie Hanne Greve for the purposes of cross-examination; (b) English-language translations of the witness’s publications; (c) the names of witnesses interviewed by the expert and the times when these witnesses were interviewed; and (d) the contemporaneous notes of those interviews made by the expert witness,

NOTING FURTHER THAT the Prosecution intends to call Sophie Hanne Greve as a witness and that the witness has agreed to bring with her any English-language versions of her articles which she may have,

CONSIDERING THAT the publications of expert witnesses are to be considered as public property and need not be disclosed,

CONSIDERING FURTHER THAT the report of the witness and the evidentiary value of the underlying witness statements upon which such report is based is analogous to the report of a historian reviewing and commenting upon supporting materials, and that the statements are, consequently, irrelevant,

CONSIDERING ALSO the assertion of the Prosecution that there are no contemporaneous notes of the interviews,

PURSUANT TO RULE 54 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules")

HEREBY GRANTS the Request in part, REJECTS it in part and ORDERS as follows:

Sophie Hanne Greve shall be called to testify in person;
the expert witness shall provide to the Defence copies of such of her publications in the English language as she may be able to locate and produce at the time she testifies;
the expert is not required to disclose the names and times of interview of the witnesses upon whose statements she relied in preparing her report; and
there being no contemporaneous notes of the interviews, the expert cannot be required to disclose them.

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

Richard May

Presiding Judge

Dated this third day of July 1998

At The Hague

The Netherlands

[Seal of the Tribunal]

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