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Karadžić: Witness Statement - Per Anton Brennskag

Karadžić: Witness Statement - Per Anton Brennskag

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Published by ICTY News
Karadžić: Witness Statement - Per Anton Brennskag
Karadžić: Witness Statement - Per Anton Brennskag

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Published by: ICTY News on Feb 20, 2013
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UNITEDNATIONS
 Case No.
 
IT-09-92-TDate: 24 January 2013International Tribunal for theProsecution of PersonsResponsible for Serious Violations of International Humanitarian LawCommitted in the Territory of theFormer Yugoslavia since 1991
 IN TRIAL CHAMBER IBefore:
Judge Alphons Orie, PresidingJudge Bakone Justice MolotoJudge Christoph Flügge
 
Registrar:
Mr. John Hocking
THE PROSECUTORv.RATKO MLADI]
Public with Public Annexes A & B 
PROSECUTION 92
TER 
MOTION: PER ANTON BRENNSKAG(RM108)The Office of the Prosecutor:
 Mr. Dermot GroomeMr. Peter McCloskey
Counsel for Accused Ratko Mladi} 
Mr. Branko Luki}Mr. Miodrag Stojanovi}
51426IT-09-92-TD51426 - D5137924 January 2013 AJ
51426
 
 
Case No. IT-09-92-T 24 January 2013
1
THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIACase No. IT-09-92-T THE PROSECUTORv.RATKO MLADI]
Public with Public Annexes A & B 
PROSECUTION 92
TER 
MOTION: PER ANTON BRENNSKAG (RM108)I. INTRODUCTION
1.
 
The Prosecution seeks leave of the Chamber to adduce the evidence of witnessPer Anton Brennskag (RM108) pursuant to Rule 92
ter 
1
of the Rules of Procedure andEvidence (“Rules”)
.
Mr. Brennskag is scheduled to testify during Week 23.
2
 2.
 
Mr. Brennskag has previously provided to the Office of the Prosecutor awitness statement dated 2 May 1996 and another statement dated 26 October 2006.He has also testified previously in the following cases at the Tribunal:
Prosecutor v. Milo{evi} 
3
,
Prosecutor v. Peri{i} 
4
, and
Prosecutor v. Karad`i}.
5
 3.
 
After careful consideration of Mr. Brennskag’s evidence, the Prosecutionseeks to tender an amalgamated statement (“Amalgamated Statement”), dated 26October 2010, which draws on his two ICTY statements, as well as his testimonyfrom the
Milo{evi} 
and
Peri{i} 
cases. The Prosecution has also selected six exhibitsto tender as associated exhibits, out of the original fifteen associated with this witness.4.
 
The Prosecution recognises the strong preference of the Chamber to receivewritten statements in lieu of previous testimony. The Prosecution further recognisesthe Chambers’ statement regarding the Guidance that “most important is its purpose,
1
The Prosecution had initially intended to introduce the evidence of Per Anton Brennskag pursuant toRule 92
bis
. See Mladi} Prosecution Witness List, 10 February 2012. Upon further consideration, theProsecution now seeks to adduce his evidence pursuant to Rule 92
ter 
as indicated in its WitnessSchedule (weeks 17-25) circulated on 24 December 2012.
2
Witness Schedule (weeks 18-25) circulated on 14 January 2013.
3
Case No. IT-98-20-1-T, 8 March 2007.
4
Case No. IT-04-81-T, 9 February 2009.
5
Case No. IT-95-5/18-T, 29 October and 1 November 2010.
51425
51425IT-09-92-T
 
 
Case No. IT-09-92-T 24 January 2013
2
namely to achieve a focused presentation of evidence and ensuring that the Chamberis not flooded with evidence that the parties anyway do not intend to rely on in theend.”
6
Tendering the Amalgamated Statement and associated exhibits best achievesthe Chamber’s stated purpose.5.
 
The Prosecution seeks to conduct a limited and focused examination of thewitness within the 30 minutes indicated in the Prosecution Witness Schedulecirculated on 14 January 2013.6.
 
Attached to this application, in
Public 
Annex A
, is a chart summarising thewitness’ Rule 92
ter 
evidence.
Public 
 
Annex B
comprises the proposed 92
ter 
 Amalgamated Statement.
II.
 
APPLICABLE LAW
7.
 
The Prosecution incorporates by reference its summary of the applicable lawset forth in paragraphs 5 to 6 of its Prosecution 92ter Motion: RM505.
7
 
III.
 
THE CHAMBER SHOULD ADMIT PER
 
ANTON
 
BRENNSKAG’SEVIDENCE PURSUANT TO RULE 92
TER 
8.
 
The Amalgamated Statement satisfies all of the admissibility requirements of Rules 89 and 92
ter 
and was admitted pursuant to Rule 92
ter 
when the witnesstestified in the
Karad`i} 
case.
8
Mr. Brennskag was a United Nations MilitaryObserver (“UNMO”) and Liaison Officer UNMO in Sector Sarajevo between mid-March and the end of September 1995, initially appointed to the UNMO team in Pale.He describes his responsibilities in the monitoring of weapons collection points(“WCPs”) and the restrictions on the movements of UNMOs in that regard. In May1995, he was assigned to an UNMO team in Pofali}i.9.
 
He will provide evidence about the shelling campaign conducted by Serbforces, including about shelling incidents offered to show a pattern.
9
Mr. Brennskagwill speak about the use of modified air bombs by the VRS. He saw 4 to 6 air bombsfired from VRS positions in Ilid`a. These bombs landed in the area of Alipa{ino Polje
6
 
Prosecutor v. Mladi} 
, Case No. IT-09-92-T
 ,
T. 526.
7
Prosecutor v. Mladi} 
, Case No. IT-09-92-PT, Prosecution 92
ter 
Motion: RM505, 2 April 2012(Confidential).
8
Case No. IT-95-5/18-T, T.8652 (29 October 2010).
9
See Prosecutor v.
Perišić 
, Case No. IT-04-81-T, Decision on Prosecution’s Submission onInterpretation of the Trial Chamber’s Decision of 15 May 2007 Regarding “Unscheduled Incidents”, 31October 2008, para.11. In order to prove the broad allegations in the indictment (such as protractedcampaign resulting in the killing of civilians), the Prosecution was allowed to lead evidence outside of the incidents listed in the schedule of the indictment.
51424
51424IT-09-92-T

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