Case No. IT-03-66-T
IN TRIAL CHAMBER II
Before:
Judge Kevin Parker, Presiding
Judge Krister Thelin
Judge Christine Van Den Wyngaert
Registrar:
Mr. Hans Holthuis
Decision of:
30 September
2005
PROSECUTOR
v.
Fatmir LIMAJ
Haradin BALA
Isak MUSLIU
_________________________________________________
DECISION ON THE ADMISSION OF EVIDENCE
_________________________________________________
The Office of the Prosecutor:
Mr. Alex Whiting
Mr. Julian Nicholls
Mr Milbert Shin
Mr. Colin Black
Counsel for the Accused:
Mr. Michael Mansfield, QC, and Mr.
Karim A. Khan for Fatmir Limaj
Mr. Gregor Guy-Smith and Mr. Richard Harvey for Haradin
Bala
Mr. Michael Topolski, QC, and Mr. Steven Powles for
Isak Musliu
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 ("Tribunal"),
NOTING the "Notice", filed by the Prosecution on 26 August 2005, notifying this Trial Chamber and the Counsel for the Accused in the instant case, that the Latif Gashi Trial Judgement1, in evidence as Exhibit P50, has been overturned,
NOTING the "Filing of Supreme Court Decision in Latif Gashi Case", filed by the Prosecution on 26 September 2005 ("Supreme Court of Kosovo Decision"),
NOTING that the Supreme Court of Kosovo Decision overturns the Latif Gashi Trial Judgement, in evidence in the instant case as Exhibit P50,
PURSUANT to Rules 54 and 89 of the Rules of Procedure and Evidence of this Tribunal,
ORDERS that the Supreme Court of Kosovo Decision be admitted into evidence; and INSTRUCTS the Registrar to mark the Supreme Court of Kosovo Decision as a Prosecution Exhibit.
Done in English and French, the English version being authoritative.
Dated this thirtieth day of September 2005
At The Hague
The Netherlands
______________________
Judge Kevin Parker
Presiding
[Seal of the Tribunal]
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