Case: IT-02-60-AR73.4
IN THE APPEALS CHAMBER
Before:
Judge Shahabudeen, Presiding
Judge Pocar
Judge Hunt
Judge Güney
Judge Weinberg de Roca
Registrar:
Mr Hans Holthuis
Decision of:
15 September 2003
PROSECUTOR
v
VIDOJE BLAGOJEVIC
_________________________________
DECISION ON APPEAL BY VIDOJE BLAGOJEVIC TO REPLACE HIS DEFENCE TEAM
_________________________________
Counsel for the Prosecutor:
Mr Peter McCloskey
Counsel for the Appellant:
Mr Michael Karnavas
Ms Suzana Tomanovic
THE APPEALS CHAMBER of the International Criminal Tribunal for the Prosecution of Person Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the former Yugoslavia since 1991 ("International Tribunal"),
BEING SEISED of Vidoje Blagojevic’s (“Appellant”) “Appeal Brief After Certification by the Trial Chamber Ex Rule 73 to Lodge an Appeal Against its Decision of 3 July 2003 in Which it was Denied the Motion to Instruct the Registrar to Appoint new Lead and Co-counsel for Vidoje Blagojevic”, filed by the Appellant on 1 August 2003, (“Appeal”) in which the Appellant appeals from the “Decision on Independent Counsel for Vidoje Blagojevic’s Motion to Instruct the Registrar to Appoint new Lead and Co-counsel” issued by Trial Chamber I on 3 July 2003 ("Impugned Decision");
NOTING that the Appellant alleges that the Trial Chamber erred in the Impugned Decision by denying his motion to direct the Registrar to withdraw his current assigned counsel and assign new counsel on the ground that he has lost all confidence and trust in his assigned counsel;(1)
CONSIDERING that the Appellant has failed to demonstrate any error of the Trial Chamber in the Impugned Decision that would warrant the interference of the Appeals Chamber and that it is in the interests of justice that the Appellant retain his assigned counsel;
CONSIDERING that the trial of the Appellant has been adjourned pending the outcome of his Appeal;
HEREBY DISMISSES the Appeal and states that a reasoned decision will be given in due course.
Done in English and French, the English text being authoritative.
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Judge Mohamed Shahabuddeen
Presiding
Dated this 15th day of September 2003,
At The Hague,
The Netherlands.
[Seal of the Tribunal]