Evidence admitted during first trial

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Decision on Scope of Partial Retrial - 31.05.2011 HARADINAJ et al.

25. The Appeals Chamber is unconvinced by Haradinaj’s contention that decisions regarding the admission of evidence made in the course of his first trial should be binding on the Trial Chamber conducting his retrial.[1] The different contexts in which the two trials are held mean that evidentiary decisions proper in one case may not be proper in the other. In this situation, the prospect of inconsistency on an evidentiary point between a trial and a retrial is not unfair and does not risk jeopardizing public confidence in the administration of justice by the Tribunal.

[1] See Appeal, paras 20, 22, 54.

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