Tag Archives: Michele Picard

ICTY: Submissions of Parties May Constitute Adjudicated Facts

By Editor | Published: May 21, 2010

2010-05-04, The Hague, The Netherlands. The Trial Chamber granted, in part, the Defence motion to take judicial notice of the facts adjudicated in Blagojevic and Jokic, Krstic, Galic, Martic and Dragomir Milosevic trials. The OTP opposed the motion, arguing that Rule 94(B) should not be used to “litter the record with matters which would not [...]

Posted in ICTY | Also tagged adjudicated facts, Bakone Justice Moloto, context, Daniel Saxon, discussion of evidence, factual finding, Gregor Guy-Smith, IT-04-81-T, judicial notice, Mark Harmon, Momčilo Perišić, motion, negative finding, Novak Lukic, Pedro David, Rule 126 bis, Rule 54, Rule 94(B), Rules of Procedure and Evidence, speculative assertions, statement of fact, submissions of the parties, supposition, verbatim | Comments closed

ICTY: Perisic: TC Admits Evidence of Babic, Deronjic & Dukic under Rule 92 Quater

By Editor | Published: May 3, 2010

2010-04-21, The Hague, The Netherlands. The Trial Chamber granted the defence’s motion to admit evidence of Milan Babic, Miroslav Deronjic and Dorde Dukic under Rule 92 quater. Statement of Law. In order to admit evidence under Rule 92 quater, the Chamber should be satisfied that the person is unavailable; the evidence which is sought to [...]

Posted in ICTY | Also tagged Bakone Justice Moloto, credibility, cross-examination, cumulative relevance, Daniel Saxon, Dorde Dukic, evidence, Gregor Guy-Smith, indictment, interpreter, issue of central importance, IT-04-81-T, manifest or obvious inconsistencies, Mark Harmon, Milan Babic, Miroslav Deronjic, motion, Novak Lukic, oath, Pedro David, probative value, purpose for admission, relevance, reliable, Rule 89 (C), Rule 92 quater, Rules of Procedure and Evidence, temporal scope, trial record, unavailable, unsworn statement | Comments closed

ICTY: Stanisic: Decision on the OTP’s 14th Motion to Amend the Rule 65ter Exhibit List

By Editor | Published: April 20, 2010

2010-04-16, The Hague, The Netherlands. Judge Orie granted the OTP’s 14th request to amend the Rule 65 ter Exhibit List. Statement of Law under Rule 65 ter (E) (iii) the OTP shall file its list of exhibits no later than six weeks before the Pre-Trial Conference; the authority to allow to amend the Rule 65 [...]

Posted in ICTY | Also tagged adequate time and facilities, Alphons Orie, amendment, burden, Elizabeth Gwaunza, excerpts, Exhibit list, expeditious trial, Franko Simatović, good cause, inherent discretion, IT-03-69-T, Jovica Stanišić, managing the trial proceedings, obviously irrelevant, prima facie relevant, probative value, Rule 65 ter, Rule 65 ter (E)(iii) | Comments closed

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