IN TRIAL CHAMBER II
Before: Judge David Hunt, Pre-Trial Judge
Registrar: Dorothee de Sampayo Garrido-Nijgh
Order of: 7 September 2000
ORDER GRANTING LEAVE TO REPLY
The Office of the Prosecutor:
Ms Joanna Korner
Ms Anna Richterova
Ms Anne Sutherland
Counsel for the Accused:
Mr John Ackerman for Radoslav Brdanin
Maître Xavier de Roux, Maître Michel Pitron for Momir Talic
I, David Anthony HUNT, Pre-Trial Judge in this case;
NOTING the "Prosecutions Second Motion for Protective Measures for Victims and Witnesses" filed confidentially by the Office of the Prosecutor ("Prosecution") on 31 July 2000;
NOTING the "Response to the Prosecution Motion for Protective Measures dated 31 July 2000" filed confidentially by counsel for Momir Talic on 30 August 2000 (Response);
NOTING the "Prosecutions Request for Leave to Reply to the Response to the Prosecution Motion for Protective Measures Dated 31 July 2000 " filed by the Prosecution on 6 September 2000 ("Request for Leave") in which the Prosecution seeks leave to reply to "two matters of principle raised in the Response";
NOTING that the "Order for Filing of Motions" issued by the Trial Chamber on 31 August 1999, as varied by the "Decision on Motion to Translate Procedural Documents into French" issued by the Pre-Trial Judge on 16 December 2000 ("Variation Decision") provides in order (3) that dates for further responses, if any, to responses to motions shall be set upon the request of either party;
NOTING paragraph 6 of the Variation Decision which relevantly states:
A reply is allowed only to permit the moving party to answer issues raised by the respondent to the motion which go beyond the issues raised by the motion itself. The application for leave must nominate the particular issue or issues raised in the response to which leave to reply is sought.
NOTING that the Request for Leave identifies the two issues in respect of which leave to reply is sought as being (a) that protective measures cannot be dealt with by way of ex parte proceedings and (b) that the Defence have the right to know the identity of witnesses, whose statements formed part of the supporting material, whom the Prosecution does not intend to call at trial ("Identified Issues");
CONSIDERING that the Identified Issues are issues of legal principle which go beyond the issues raised in the motion itself;
1. The Prosecution is granted leave to file, by 4 p.m. on Thursday 14 September 2000, a reply dealing with the Identified Issues.
2. The accused Radoslav Brdanin and Momir Talic are granted leave to file a document responding to the issues raised in the reply within seven days of the receipt by them of a copy of the reply in the working language in which that party has been filing its documents in these proceedings.
Done in both English and French, the English version being authoritative.
Judge David Hunt
Dated this seventh day of September 2000
At The Hague
[Seal of the Tribunal]