Case No.: IT-98-33-T


Judge Almiro Rodrigues, Presiding
Judge Fouad Riad
Judge Patricia Wald

Mr. Hans Holthuis

Decision of:
30 March 2001







The Office of the Prosecutor:

Mr. Mark Harmon

Defence Counsel:

Mr. Nenad Petrusic


TRIAL CHAMBER I (hereinafter "the 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 (hereinafter "the Tribunal"),

NOTING the Defence Motion of 28 March 2001 to exclude the testimony of rebuttal witness Richard Butler (hereinafter "the Motion to exclude") and the Motion of the same date for a rescheduling Order, in the case point, for the testimony of witness Richard Butler to be rescheduled (hereinafter "the rescheduling Order),

NOTING the Reply of the Prosecutor, filed today,

PURSUANT to Articles 20 and 21 of the Statute and Rules 54, 85 and 89 of the Rules of Procedure and Evidence,

CONSIDERING that the two Motions concern one and the same witness, Mr. Richard Butler (hereinafter "the Witness"); that there is a link between them warranting that a single Decision be issued in response,

CONSIDERING that the Motion to exclude requests that the Trial Chamber refuse to admit as rebuttal evidence two documents (hereinafter "the Documents") which the Prosecutor declared she intended to use during the testimony of the Witness,

CONSIDERING, furthermore, that the Defence requests that the Trial Chamber order that the Witness appear before the witnesses it intends to call in rejoinder so that the rights of the Defence will be respected,

CONSIDERING that, at the hearing of 23 March 2001, the Trial Chamber decided that, should there be sufficient time, the Prosecutor might call back the Witness but that his testimony could only focus on the issue of whether there were prisoners on 12 July 1995 (hearing transcripts, p. 9057) and, if necessary, would have to appear after all of the other witnesses of the Defence and the Trial Chamber had been heard,

CONSIDERING that the Trial Chamber took the decision keeping in mind inter alia that the Defence was henceforth aware of the questions the Prosecutor wished to put to the Witness,

CONSIDERING that, in connection with the two Documents to whose admission the Defence objects, the Prosecutor has explained1 that they were brought to her attention only following a search effected in the territory of the former Yugoslavia; that, on reading the explanations submitted by the Prosecutor regarding the Documents, there can be no dispute that they relate directly to the date, 12 July 1995,

CONSIDERING that, under these circumstances, the Defence could not a priori object to the Documents on the sole ground that they were tendered too late by the Prosecutor; that although the Trial Chamber is authorising the Prosecutor to use the documents, this does not in and of itself mean that the Documents are admitted into evidence,

CONSIDERING, furthermore, that in light of the list of the Defence witnesses in rejoinder filed on 27 March 2001 and the estimated time required for their testimony and that of the Trial Chamber witnesses, and that the Prosecution believes it will need only fifteen minutes for the direct examination of the Witness, it appears that there should be sufficient time to hear the Witness, especially since the parties were informed that the length of the Witnessí testimony would be very short,

CONSIDERING that it now seems desirable to reorganise the testimony schedule so as to allow for optimal respect of the balance between the parties and the best administration of justice,


ORDERS that the Witness appear on Monday, 2 April 2001 at 09:20 hours and STATES that the examination-in-chief shall not exceed one hour with the Defence then having an equivalent maximum time for the cross-examination,

AUTHORISES the Prosecutor to use the Documents and STATES that such authorisation does not prejudice the Decision which the Trial Chamber will take regarding their admission.


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

Done this thirtieth day of March 2001
At The Hague
The Netherlands

Almiro Rodrigues
Presiding Judge

[Seal of the Tribunal]

Prosecutor's Addendum to the rebuttal witness summary of Richard Butler, 26 March 2001.    

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