7
B. Grounds of Appeal
1. The Appeal against Judgement
20.
As set out in the Appellant’s Amended Notice of Appeal against Judgement and
Appellant’s Amended Brief on Judgement, the Defence advances the following two grounds
of appeal against Judgement:
Ground (1): The Appellant’s right to a fair trial was prejudiced as there was no "equality of
arms" between the Prosecution and the Defence due to the prevailing circumstances in
which the trial was conducted. 30
Ground (3): The Trial Chamber erred at paragraph 397 of the Judgement when it decided
that it was satisfied beyond reasonable doubt that the Appellant was guilty of the murders of
Osman Didovic and Edin Be{i}. 31
21.
The Defence sought leave to amend its Notice of Appeal to include a further ground
of appeal (“Ground 2”), alleging that the Appellant’s right to a fair trial was gravely
prejudiced by the conduct of his former counsel, Mr. Milan Vujin. 32 Leave to amend the
Notice of Appeal to include this ground was denied by the Appeals Chamber on 25 January
1999,33 thus leaving only Grounds 1 and 3 in the Appellant’s Appeal against Judgement.
2. The Cross-Appeal
22.
The Prosecution raises the following grounds of appeal against the Judgement:
Ground (1): The majority of the Trial Chamber erred when it decided that the victims of the
acts ascribed to the accused in Section III of the Judgement did not enjoy the protection of
30
Appellant’s Amended Notice of Appeal against Judgement, paras. 1.1–1.4; Appellant’s Amended Brief on
Judgement, paras. 1.1-1.12.
31
Appellant’s Amended Notice of Appeal against Judgement, paras. 3.1–3.6; Appellant’s Amended Brief on
Judgement, paras. 3.1-3.11.
32
Amended Notice of Appeal, paras. 2.1-2.4.
33
T. 307 (25 January 1999).
Case No.: -94-1-A
15 July 1999