NOTICE OF BRUNO STOJIĆ REGARDING ERRONEOUS ADMISSION OF DOCUMENT P09324
1. On 22 October 2009, the Defence for Bruno Stojić (“Defence”) sent its in-court (IC) list of exhibits for admission through witness Dragan Čurčić to the Court Officer. Document P09324 was included in the list of exhibits the Defence was seeking admission of.
2. On 26 October 2009, the Court Officer announced receipt of the Defence IC list on the record and assigned an exhibit number to the list.1
3. On 27 October 2009, the Defence discovered that it had incorrectly sent an unrevised version of its proposed IC list to the Court Officer on 22 October 2009, which erroneously included document P09324 on the list for admission. Shortly following this realisation, the Defence notified the Trial Chamber of its mistake and promptly withdrew its request for admission of document P09324, since that was requested in error.2
4. Despite the correction and request for withdrawal filed by the Defence, it appears that the Trial Chamber has nonetheless admitted document P09324 on the basis of the Defence request that was withdrawn several weeks earlier. On page 4 of the Trial Chamber’s Ordonnance Portant Admission D’Éléments De Preuve Relatifs Au Témoin Dragan Čurčić, issued on 19 November 2009 (“Order”), it appears that document
1 See IC00-1084; see also transcript of Monday, 26 October 2009, T. 45970.
2 See Bruno Stojić’s Notice to Withdraw Request for Admission of Document P09324, filed 27 October 2009.
Case No. IT-04-74-T Prosecutor v. Jadranko Prlić, et al 23 November 2009
P09324 has been admitted and the partie proposant l’admission de l’élément de
preuve is listed as Défense Stojić.
5. The Defence apologises for any confusion that may have been caused by the initial submission and then withdrawal of the request for admission of P09324. However it does note that this request was withdrawn several weeks prior to the Order issued on 19 November 2009 and that the Order does not accurately reflect the submissions of the Defence.
For the foregoing reasons, the Defence respectfully requests that the Trial Chamber: (i) Withdraw its grant of admission of document P09324;
OR, in the alternative, should the Trial Chamber wish to admit the document into evidence,
(ii) Amend its Order of 19 November 2009 to reflect that the Defence was not the party seeking admission of P09324.