6
(b) the evidence was credible, and (c) the evidence was such that it would probably show
that the conviction was unsafe.
Applying these criteria to the evidence sought to be
admitted, the Appeals Chamber was not satisfied that the interests of justice required that
any material which was not available at trial be presented on appeal.
17.
Further motions for the admission of additional evidence pursuant to Rule 115 were
made by the Defence on 8 January and 19 April 1999. 27 By oral orders of 25 January and
19 April 1999, the motions were rejected by the Appeals Chamber. 28
3. Contempt proceedings
18.
In the course of the appeal process, proceedings were initiated by the
Appeals Chamber against Mr. Milan Vujin, former lead counsel for the Appellant, relating
to allegations of contempt of the International Tribunal. 29 These allegations are subject to
proceedings separate from the Appeals.
19.
A hearing on the contempt proceedings commenced on 26 April 1999. The matter is
currently pending before the Appeals Chamber.
27
“Appellant’s Second Motion to Admit Additional Evidence on Appeal Pursuant to Rule 115 of the
Tribunal’s Rules”, Case No.: IT-94-1-A, 8 January 1999; “Motion (3) to Admit Additional Evidence on
Appeal Pursuant to Rule 115 of the Rules of Procedure and Evidence”, Case No.: IT-94-1, 19 April 1999.
28
T. 307-308 (25 January 1999); T. 20 (19 April 1999).
29
See “Scheduling Order Concerning Allegations against Prior Counsel”, Case No.: IT-94-1-A, 10 February
1999. At the outset of the appellate process, Mr. Milan Vujin acted as lead counsel for the Defence, with the
assistance of Mr. R. J. Livingston. By a decision of the Deputy Registrar on 19 November 1998,
Mr. Milan Vujin was withdrawn as counsel for the accused and replaced by Mr. William Clegg as lead
counsel (See “Decision of Deputy Registrar regarding the Assignment of Counsel and the Withdrawal of Lead
Counsel for the Accused”, Case No.: IT-94-1-A, 19 November 1998).
Case No.: -94-1-A
15 July 1999