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
Decision:
12 February 2004
PROSECUTOR
v.
SLOBODAN MILOSEVIC
___________________________________
DECISION ON PROSECUTION MOTION FOR ADMISSION OF STATEMENT PURSUANT TO RULE 92BIS(A) FOR WITNESS JERI LABER
___________________________________
Office of the Prosecutor:
Mr. Geoffrey Nice
Ms. Hildegaard Uertz-Retzlaff
Mr. Dermot Groome
Amici Curiae:
Mr. Steven Kay
Mr. Branislav Tapuskovic
Prof. Timothy McCormack
The Accused:
Mr. Slobodan Milosevic
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 ("International Tribunal"),
BEING SEISED of a "Prosecution Motion for the Admission of the Witness Statement of Ms. Jeri Laber in Lieu of Viva Voce Testimony Pursuant to Rule 92bis And Annex A", filed by the Office of the Prosecutor ("Prosecution") on 05 February 2004 ("Motion"), requesting that the Trial Chamber admit into evidence without cross-examination, under Rule 92bis(A) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), a statement and related materials ("proposed evidence") of Witness Jeri Laber ("witness"),
NOTING that (1) the witness testified before the Trial Chamber on 10 December 2002 regarding alleged human rights violations with respect to the Kosovo and Croatia phases of the trial1 and (2) the witness’s proposed evidence, which the Prosecution seeks to have admitted via the Motion, relates to the Bosnia phase of the trial,
NOTING the following representations and arguments set forth in the Motion:
NOTING the "Amici Curiae Reply to Prosecution Motion for the Admission of the Witness Statement of Ms. Jeri Laber in Lieu of Viva Voce Testimony Pursuant to Rule 92 bis Dated 5 February 2004", filed 09 February 2004, in which the Amici Curiae submit that the witness should be required to give her evidence viva voce and attend for cross-examination for the following reasons:
NOTING that Rule 92bis(A) and (E) of the Rules provides that the Trial Chamber (1) may admit, in whole or in part, the evidence of a witness in the form of a written statement in lieu of oral testimony that goes to proof of a matter other than the acts and conduct of the Accused as charged in the indictment and (2) shall decide whether to require the witness to appear for cross-examination,
CONSIDERING that the proposed evidence does not go to proof of the acts and conduct of the Accused and is therefore admissible under Rule 92bis(A) of the Rules,
CONSIDERING that the proposed evidence goes to matters that may be of critical importance to the Accused’s defence, e.g., notice and knowledge, and that it is therefore appropriate for the witness to appear for cross-examination,
PURSUANT to Rules 54 and 92bis of the Rules,
HEREBY ORDERS as follows:
Done in both English and French, the English text being authoritative.
___________
Patrick Robinson
Judge
Dated this twelfth day of February 2004
At The Hague
The Netherlands
[Seal of the Tribunal]
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