Gotovina et al Judgement Volume I - ICTY

3929823. The Trial Chamber received evidence from 14 expert witnesses during the trial.The Prosecution submitted several expert reports or addenda after the deadline set forthat purpose, or did so in the absence of proper notice and hence in the absence of a setdeadline. In these cases, the Trial Chamber determined whether it would be in theinterests of justice to consider admitting the reports into evidence, by assessing whetherthey were prima facie relevant and probative, whether the Prosecution had shown goodcause to submit them at that stage, and the extent to which the submissions created anadditional burden on the Defence. 2924. The Trial Chamber admitted expert reports which it found to be relevant andprobative. In addition it required the author to qualify as an expert, i.e. a person who byvirtue of some specialized knowledge, skill or training could assist the Trial Chamber inunderstanding an issue in dispute, and found the content of the expert report to fallwithin this expertise. 30 The Trial Chamber usually decided on admission of expertreports upon completion of the expert’s testimony, so as to best evaluate whether theymet these requirements for admission.25. At the start of the trial, the Prosecution’s Rule 65 ter exhibit list contained 4629proposed exhibits. Upon Prosecution requests, the Trial Chamber granted leave for theamendment of the Prosecution’s exhibit list on many occasions during the course of thetrial. The Trial Chamber granted such motions when it considered the additions to be inthe interest of justice. In doing so, it balanced the Prosecution’s duty to present theavailable evidence to prove its case with the right of the accused to a fair andexpeditious trial and the right to have adequate time and facilities for the preparation oftheir defence. 3126. Documentary Evidence. The Trial Chamber admitted documents such asexhumation reports, orders, photographs, and maps tendered in connection with witnesstestimonies, or admitted them from the bar table pursuant to Rule 89 (C) of the Rules. Intotal, the Trial Chamber admitted 4825 exhibits.29 Decision and Guidance with Regard to the Expert Report, Addendum, and Testimony of ReynaudTheunens, 17 November 2008, para. 18; Decision on Expert Report and Addendum of Harry Konings, 18December 2008, para. 10; T. 17180.30 Decision and Guidance with Regard to the Expert Report, Addendum, and Testimony of ReynaudTheunens, 17 November 2008, paras 13-14; Decision on Expert Report and Addendum of Harry Konings,18 December 2008, para. 9; T. 17141, 17182.31 Decision on Prosecution’s Second Motion to Amend the Exhibit List, 15 May 2008, para. 3; Decisionon Prosecution’s Motion to Admit Documents into Evidence and to Add Two Documents to theProsecution’s Rule 65 ter Exhibit List, 25 November 2008, para. 9.17Case No.: IT-06-90-T 15 April 2011 `