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Omarska, Keraterm & Trnopolje Camps, Prosecutor v. Kvocka et al., Decision on Motion of the Accused Zoran Zigic for Leave to Appeal the Decision of Trial Chamber I Filed on 31 October 2000, IT-98-30/1-A (ICTY AC, Feb. 08, 2001)

BEFORE A BENCH OF THE APPEALS CHAMBER

Before:
Judge Mohamed Shahabuddeen, Presiding
Judge Lal Chand Vohrah
Judge Rafael Nieto-Navia

Registrar:
Mr. Hans Holthuis

Decision of:
8 February 2001

PROSECUTOR

v.

MIROSLAV KVOCKA
MILOJICA KOS a/k/a "KRLE"
MLADO RADIC a/k/a "KRKAN"
ZORAN ZIGIC a/k/a "ZIGA"
DRAGOLJUB PRCAC

____________________________________________________________

DECISION ON MOTION OF THE ACCUSED ZORAN ZIGIC
FOR LEAVE TO APPEAL THE DECISION OF
TRIAL CHAMBER I FILED ON 31 OCTOBER 2000

____________________________________________________________

Counsel for the Prosecutor:

Ms. Brenda Hollis

Counsel for the Accused:

Mr. Krstan Simic for Miroslav Kvocka
Mr. Zarko Nikolic for Milojica Kos
Mr. Toma Fila for Mlado Radic
Mr. Slobodan Stojanovic for Zoran Zigic
Mr. Jovan Simic for Dragoljub Prcac

 

THIS BENCH of the Appeals 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 Bench" and "the International Tribunal", respectively),

BEING SEIZED OF the "Motion of the Accused Zoran Žigic for Leave to Appeal the Decision of Trial Chamber I of 30 October on Defense Motion for Exclusion of Evidence”, filed confidentially by counsel for Zoran Žigic ("the Defense") on 7 November 2000 pursuant to Rule 73(B)(i) and (ii) of the Rules of Procedure and Evidence of the International Tribunal ("the Application" and "the Rules", respectively), seeking leave to appeal the "Decision on Defense Motion for Exclusion of Evidence" filed confidentially by Trial Chamber I on 31 October 2000 (the "Impugned Decision");

NOTING the "Prosecution’s Response to ‘Motion of the Accused Zoran Žigic for Leave to Appeal the Decision of Trial Chamber I of 30 October on Defence Motion for Exclusion of Evidence’", filed confidentially on 14 November 2000;

NOTING the "Defense’s Reply to ‘Prosecution’s Response to ‘Motion of the Accused Zoran Žigic for Leave to Appeal the Decision of Trial Chamber I of 30 October on Defence Motion for Exclusion of Evidence"", filed confidentially on 15 November 2000;

CONSIDERING that it is submitted in the Application that, inter alia: (i) the Trial Chamber erred in allowing testimony of witnesses not designated by the Prosecution as witnesses against Zoran Žigic; (ii) the Defense was not informed that a witness suffered from a psychological illness; and (iii) that that witness should testify only after examination by an expert;

CONSIDERING that the Application is filed pursuant to Rule 73(B) which provides that decisions on motions other than preliminary motions are without interlocutory appeal, save with the leave of a bench of three Judges of the Appeals Chamber which may grant such leave:

(i) if the decision impugned would cause such prejudice to the case of the party seeking leave as could not be cured by the final disposal of the trial including post-judgement appeal;

(ii)    if the issue in the proposed appeal is of general importance to proceedings before the Tribunal or in international law generally;

CONSIDERING that it is for the Defense to show the Bench either that the Impugned Decision would cause such prejudice to its case as could not be cured by the final disposal of the trial including post-judgement appeal, or that the issue in the proposed appeal is of general importance to proceedings before the International Tribunal or in international law generally;

FINDING that there has been no showing either that there is such prejudice or that the issue in the proposed appeal is of general importance to proceedings before the International Tribunal or in international law generally;

HEREBY DECIDES to dismiss the Application.

 

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

_______________
Judge Shahabuddeen
Presiding

Dated this eighth day of February 2001
At The Hague,
The Netherlands.

[Seal of the Tribunal]

   

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