Thaçi et al. (administration of justice): decisions on admission of evidence and expert reports

In a series of decisions made public recently, the Single Trial Judge in the case of Thaçi et al. on administration of justice charges ruled on several evidentiary matters.
The Judge declined to admit the expert evidence of SPO witness Koen Herlaar, who testified in court in March, finding that it could not be properly assessed in light of issues related to the methodology and the witness’s testimony. Similarly, the Judge rejected the admission of a report prepared by Thaçi Defence witness DHT-02, finding that it lacked probative value.
 
The Judge admitted a witness statement (DHT-01) tendered by the Thaçi Defence, pursuant to Rule 153, concerning the review of audio recordings and related transcriptions, noting that its probative value will be assessed at a later stage.
 
In a separate interim decision concerning Thaçi Defence witness DHT-03, the Judge found that the proposed report, relating to phonetics, can only be assessed following the witness’s testimony. The evidentiary phase has therefore been extended, including to allow for the testimony of this witness during the week of 11 May 2026, after which a decision on admissibility will be made.