Case No. IT-94-2-PT

Decision of:
30 June 2003

PROSECUTOR
v.
DRAGAN NIKOLIC

______________________________

DECISION ON PROSECUTION’S MOTION FOR LEAVE TO AMEND THE SECOND AMENDED INDICTMENT

______________________________

The Office of the Prosecutor:

Mr. Upawansa Yapa
Ms. Patricia Sellers-Viseur

Counsel for the Accused:

Mr. Howard Morrison
Ms. Tanja Radosavljevic

TRIAL CHAMBER II ("Trial Chamber") of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 ("Tribunal"):

NOTING the "Motion for Leave to Amend the Second Amended Indictment", filed by the Prosecution on 19 June 2003 ("First Motion"), seeking leave to submit a Third Amended Indictment;

NOTING the "Second Motion for Leave to Amend the Second Amended Indictment", filed by the Prosecution on 23 June 2003 ("Second Motion"), seeking leave to submit a substitute Third Amended Indictment which supersedes the Third Amended Indictment attached to the First Motion;

CONSIDERING that, pursuant to Rule 50 (A)(i)(c) and (B) of the Rules of Procedure and Evidence, the Second Motion was granted orally during the Status Conference of 27 June 2003, in which the accused entered a plea of not guilty on all the charges included in the Third Amended Indictment;

HEREBY DECLARES the First Motion moot.

Done in English and French, the English version being authoritative.

Dated this thirtieth day of June 2003,
At The Hague
The Netherlands

____________________
Wolfgang Schomburg
Presiding Judge

[Seal of the Tribunal]