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Before: Judge Adolphus Karibi-Whyte, Presiding Judge Elizabeth Odio Benito Judge Saad Saood Jan Registrar: Mrs. The Trial Chamber rejects the submission of the Defence that it has a right to these addresses for the purposes of conducting pre-trial interviews as unsupported by any Rule or provision of the Statute.
Sub-rule 69(C) reflects this by referring to a "sufficient time prior to the trial". The term "identity" does not necessarily include the present addresses of the witnesses.
A proper in-court examination depends upon a prior out of court investigation.
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ZEJNIL DELALIC ZDRAVKO MUCIC, also known as "Pavo" HAZIM DELIC ESAD LANDZO, also known as "Zenga" ___________________________________________________________ DECISION ON THE DEFENCE MOTION TO COMPEL THE DISCOVERY OF IDENTITY AND LOCATION OF WITNESSES ________________________________________________________ : Ms. Such information provides the Defence with adequate notice of who exactly it is that the Prosecution deems essential to the proof of its case against the accused so that the Defence can adequately conduct its own investigations. DISPOSITION THE TRIAL CHAMBER, FOR THE FOREGOING REASONS, HAVING CONSIDERED THE SUBMISSIONS OF THE PARTIES, PURSUANT TO RULE 54, HEREBY ORDERS that the Prosecution shall immediately provide to the Defence for each accused, should they not already have done so, the name, sex, date of birth, place of origin, names of parents and place of residence at the time relevant to the charges to which the witness will testify, of each of the witnesses it intends to call at trial, HEREBY DENIES the Defence request that the current addresses of the witnesses referred to above be made available to the Defence.
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