IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Mohamed Bennouna
Judge Patrick Robinson

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
3 May 1999

PROSECUTOR

v.

DARIO KORDIC
MARIO CERKEZ

________________________________________________

ORDER SCHEDULING A HEARING ON THE
MOTIONS CONCERNING RULE 95

________________________________________________

The Office of the Prosecutor

Mr. Geoffrey Nice
Ms. Susan Somers
Mr. Patrick Lopez-Terres
Mr. Kenneth Scott

Defence Counsel

Mr. Mitko Naumovski, Mr. Leo Andreis, Mr. David F. Geneson, Mr. Turner T. Smith, Jr., and Ms. Ksenija Turkovic, for Dario Kordic
Mr. Bozidar Kovacic, for Mario Cerkez

 

THIS 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 ("the International Tribunal"),

NOTING the “Motion to Suppress Evidence by the Defendant Dario Kordic” filed on 22 January 1999 (“the Motion"), in which the Defence seeks to suppress and exclude from admission as evidence all material obtained in a search conducted on 23 September 1998 ("the Search"),

NOTING the "Prosecutor’s Response to Motion to Suppress Evidence" filed by the Office of the Prosecutor ("Prosecution") on 5 February 1999 ("the Response"),

NOTING this Trial Chamber’s “Order on the Motion to Suppress Evidence by the Defendant Dario Kordic” dated 11 February 1999 (“the previous Order”) in which it was ordered that consideration of the Motion would be postponed until such time as any of the material seized by the Prosecution pursuant to the search warrant was sought to be admitted to the Trial Chamber as evidence in these proceedings,

NOTING the "Motion by Defendant Dario Kordic for Advance Notice of Prosecutor’s Intent to Offer Evidence Subject to Exclusion Under Rule 95" filed on 9 March 1999 ("the Further Motion"), in which the Defence request adequate notice of the Prosecution’s intention to offer evidence obtained in the Search, and a complete and detailed inventory of all items seized in the Search,

NOTING FURTHER the "Prosecutor’s Response to Defence Request for Inventory of Search Warrant Documents" filed on 1 April 1999, in which the Prosecution object in part to the Further Motion,

HAVING HEARD the oral arguments of the parties on 11 March 1999,

PURSUANT to Rule 54 of the Rules of Procedure and Evidence of the International Tribunal

HEREBY ORDERS AS FOLLOWS:
  1. Further oral argument and evidence, if any, shall be heard on 31 May 1999; and
  2. Written summaries of the testimony of any witnesses to be called by the parties shall be filed no later than 17 May 1999.

 

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

_____________________________

Richard May
Presiding Judge

Dated this third day of May 1999
At The Hague
The Netherlands

[Seal of the Tribunal]