Kosovo, Croatia and Bosnia, Prosecutor v. Milosevic, Decision on Prosecution Motion for a Ruling on the Admission of Witness Statement Under Rule 92 bis, IT-02-54 (ICTY TC, Oct. 02, 2003)

Case No.: IT-02-54-T

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Order of:
2 October 2003

PROSECUTOR

SLOBODAN MILOSEVIC

_________________________________________________

DECISION ON PROSECUTION MOTION FOR A RULING ON THE ADMISSION OF WITNESS STATEMENT UNDER RULE 92BIS(A)

__________________________________________________

The Office of the Prosecutor

Mr. Geoffrey Nice

The Accused

Slobodan Milosevic

Amicus Curiae

Mr. Steven Kay
Mr. Branislav Tapuskovic
Mr. Timothy McCormack

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"),

BEING SEISED of the Confidential Prosecution Motion for a Ruling on the Admission of a Witness Statement Under Rule 92bis(A), filed on 30 September 2003 ("Motion") by the Office of the Prosecutor ("Prosecution"), seeking the admission into evidence of parts of the witness statement of Witness B-1793,

NOTING the Prosecution’s concession that Witness B-1793 must attend in person for cross-examination, and that the Prosecution will seek to lead additional viva voce evidence which clarifies certain details of the events described in the statement,

NOTING that Rule 92bis(A) provides:

A Trial Chamber may admit, in whole or in part, the evidence of a witness in the form of a written statement in lieu of oral testimony which goes to proof of a matter other than the acts and conduct of the accused as charged in the indictment.

NOTING Articles 20 and 21 of the Statute,

CONSIDERING the Accused’s general opposition to the admission of Rule 92bis evidence,

CONSIDERING that, except for paragraph 35, the statement does not go to proof of the acts and conduct of the Accused and is therefore admissible under Rule 92bis,

CONSIDERING that the Accused has the right to cross-examine the witnesses on those parts of their statement admitted under Rule 92bis,

PURSUANT TO Rules 54 and 92bis of the Rules,

HEREBY ORDERS as follows:

The written statement of Witness B-1793 shall be admitted under Rule 92bis(A), except for paragraph 35 to be heard viva voce, and subject for Witness B-1793 being made available for cross-examination by the Accused,

The Prosecution shall be permitted to lead additional viva voce evidence, with cross-examination by the Accused,

The Prosecution shall disclose the BCS version of the statement to the parties forthwith.

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

_____________
Richard May Presiding

Dated this second day of October 2003
At The Hague
The Netherlands

[Seal of the Tribunal]

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