Case No. IT-02-60-T
Before:
Judge Liu Daqun, Presiding
Judge Volodymyr Vassylenko
Judge Carmen Maria Argibay
Registrar:
Mr. Hans Holthuis
Decision of:
23 April 2004
PROSECUTOR
v.
VIDOJE BLAGOJEVIC
DRAGAN JOKIC
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DECISION ON REQUEST FOR CERTIFICATION OF INTERLOCUTORY APPEAL OF THE TRIAL CHAMBER’S JUDGEMENT ON MOTIONS FOR ACQUITTAL PURSUANT TO RULE 98 BIS
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The Office of the Prosecutor:
Mr. Peter McCloskey
Counsel for the Accused:
Mr. Michael Karnavas and Ms. Suzana Tomanovic for Vidoje Blagojevic
Mr. Miodrag Stojanovic and Mr. Branko Lukic for Dragan Jokic
(A) An accused may file a motion for the entry of judgement of acquittal on one or more offences charged in the indictment within seven days after the close of the Prosecutor’s case and, in any event, prior to the presentation of evidence by the defence pursuant to Rule 85 (A)(ii).
(B) The Trial Chamber shall order the entry of judgement of acquittal on motion of an accused or proprio motu if it finds that the evidence is insufficient to sustain a conviction on that or those charges.
1. The Appeals Chamber shall hear appeals from persons convicted by the Trial Chambers or from the Prosecutor on the following grounds:
(a) an error on a question of law invalidating the decision; or
(b) an error of fact which has occasioned a miscarriage of justice.2. The Appeals Chamber may affirm, reverse or revise the decisions taken by the Trial Chambers.
(A) After a case is assigned to a Trial Chamber, either party may at any time move before the Chamber by way of motion, not being a preliminary motion, for appropriate ruling or relief. Such motions may be written or oral, at the discretion of the Trial Chamber.
(B) Decisions on all motions are without interlocutory appeal save with certification by the Trial Chamber, which may grant such certification if the decision involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.
(C) Requests for certification shall be filed within seven days of the filing of the impugned decision. Where such decision is rendered orally, this time-limit shall run from the date of the oral decision, unless
(i) the party challenging the decision was not present or represented when the decision was pronounced, in which case the time-limit shall run from the date on which the challenging party is notified of the oral decision; or
(ii) the Trial Chamber has indicated that a written decision will follow, in which case the time-limit shall run from filing of the written decision.
If certification is given, a party shall appeal to the Appeals Chamber within seven days of the filing of the decision to certify.
A party seeking to appeal a judgement shall, not more than thirty days from the date on which the judgement was pronounced, file a notice of appeal, setting forth the grounds. The Appellant should also identify the order, decision or ruling challenged with specific reference to the date of its filing, and/or the transcript page, and indicate the substance of the alleged errors and the relief sought. The Appeals Chamber may, on good cause being shown by motion, authorise a variation of the grounds of appeal.
15. The Trial Chamber finds that the Prosecution erred in bringing the request under Rule 73 of the Rules. Accordingly, pursuant to Rule 73 of the Rules, the Trial Chamber DISMISSES the Request.
Done in English and French, the English version being authoritative.
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Judge Liu Daqun
Presiding
Dated this twenty-third day of April 2004,
At The Hague
The Netherlands
[Seal of the Tribunal]