This is a ruling on an application. The Defence have opposed and applied to rescind the purported protective measures for witness TF1-215. The Prosecution submit that the witness is protected by an order of Trial Chamber I of 5 July 2004, entitled "Decision on Prosecution motion for modification of protective measures for witnesses", which the Prosecution submits applies to 266 witnesses of fact including witness TF1-215.
The decision of 5 July 2004 ruled on a 5 May motion filed by the Prosecution and entitled "Renewed Prosecution motion for protective measures pursuant to order to the Prosecution for renewed motion for protective measures", dated 2 April 2004. It was filed pursuant to an order of the Trial Chamber on 2 April 2004; the order being entitled "Order to the Prosecution for renewed motion for protective measures".
After careful consideration of that decision and the submissions of counsel, we find nothing in the decision which would entitle witness TF1-215 to any protective measures. In our view, the decision relates solely to those witnesses listed in annexes A and B of the renewed Prosecution motion for protective measures. Witness TF1-215 is not among those witnesses listed in the annexes. Accordingly, the witness will testify in open court and the Defence application to rescind the protective measures of this witness is now moot.