Case No. IT-03-68-T
IN TRIAL CHAMBER II
Before:
Judge Carmel Agius, Presiding
Judge Hans Henrik Brydensholt
Judge Albin Eser
Registrar:
Mr. Hans Holthuis
Decision of:
19 January 2006
PROSECUTOR
v.
NASER ORIC
_____________________________________________
DECISION ON DEFENCE MOTION TO FILE THE STATEMENT OF AN EXPERT WITNESS
_____________________________________________
The Office of the Prosecutor:
Mr. Jan Wubben
Ms. Patricia Sellers Viseur
Mr. Gramsci di Fazio
Ms. JoAnne Richardson
Counsel for the Accused:
Ms. Vasvija Vidovic
Mr. John Jones
TRIAL CHAMBER II ("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"):
BEING SEISED of the "Defence Motion to File the Statement of an Expert Witness" filed by Counsel for Naser Oric (respectively "Defence" and "Accused") on 16 December 2005 ("Motion") and to which is appended at Annex A the report of Defence expert witness Professor Esad Bilic, (respectively "Report" and "Defence Expert"), filed pursuant to Rule 94bis of the Rules of Procedure and Evidence of the Tribunal ("Rules");
NOTING the "Prosecution’s Response to Defence Motion to File an Expert Statement Pursuant to Rule 94bis" filed by the Office of the Prosecutor ("Prosecution") on 17 January 2006 ("Response") in which the Prosecution informs the Trial Chamber that it does not accept the Report pursuant to Rule 94bis(B)(i) of the Rules and states that it wishes to cross-examine the Defence Expert;
NOTING that Rule 94bis of the Rules provides that
NOTING that the Motion is by nature a disclosure obligation under Rule 94bis(A) rather than a specific request for relief;
NOTING further that the Defence Expert has been identified by the Defence as a witness scheduled to give evidence vive voce before the Trial Chamber beginning Friday 20 January 2006 and continuing into the next week, and thus may be cross-examined by the Prosecution if it so wishes;
CONSIDERING that the filing of the Report by the Defence does not in any way impede on the Prosecution’s right to cross-examine the Defence Expert pursuant to Rule 85(B) of the Rules;
PURSUANT TO Rule 94bis of the Rules
DECLARES the Motion moot.
Done in English and French, the English version being authoritative.
Dated this nineteenth day of January 2006,
At The Hague,
The Netherlands
_________________________
Carmel Agius
Presiding Judge
[Seal of the Tribunal]
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