Decision to suspend briefing schedule

IN THE APPEALS CHAMBER

Before: Judge Mohamed Shahabuddeen, Presiding

Judge Lal Chand Vohrah

Judge Wang Tieya

Judge Rafael Nieto Navia

Judge Patrick Robinson

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 5 March 1999

THE PROSECUTOR

v.

ANTO FURUNDZIJA

__________________________________

DECISION TO SUSPEND BRIEFING SCHEDULE

__________________________________

The Office of the Prosecutor:

Mr. Michael Blaxill
Ms. Brenda Hollis
Mrs. Patricia Viseur Sellers

Counsel for the Appellant:

Mr. Luka S. Misetic
Mr. Sheldon Davidson

THE APPEALS 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 ("International Tribunal"),

NOTING the Judgement in The Prosecutor v. Anto Furundžija, IT-95-17/1-T, rendered on 10 December 1998;

NOTING the Defendant’s Post-Trial Application to the Bureau of the Tribunal for the Disqualification of Presiding Judge Mumba, Motion to Vacate Conviction and Sentence, and Motion for a New Trial, filed 3 February 1999 ("Post-Trial Application");

NOTING the Defendant’s Motion to Suspend Briefing Schedule, or Alternatively for Extension of Time to File Appellate Brief, filed 12 February 1999 ("Defendant’s Motion");

NOTING the Prosecution Response to Defendant’s Motion to Suspend Briefing Schedule, or Alternatively for Extension of Time to File Appellate Brief, filed 18 February 1999 ("Prosecution Response");

NOTING the Defendant’s Reply in Support of his Motion to Suspend Briefing Schedule, or Alternatively for Extension of Time to File Appellate Brief, filed 24 February 1999;

CONSIDERING that Rule 127 of the Rules of Procedure and Evidence ("Rules") allows the Appeals Chamber to enlarge or reduce any time prescribed by or under the Rules, on good cause being shown;

CONSIDERING that a response of the Bureau to the Post-Trial Application could have a significant effect on the necessity of briefings at this stage;

CONSIDERING that the Bureau has not yet responded to the Post-Trial Application;

CONSIDERING that the questions raised in the Defendant’s Motion may be resolved without prejudice to the issues raised in the Prosecution Response, in particular the completeness of the trial record, the "unexpected need" to prepare and file the Post-Trial Application and the possibility of appeal therefrom;

DECIDES to suspend the briefing schedule in the appeal on the merits pending a response of the Bureau on the Post-Trial Application and subject to further order of this Appeals Chamber.

Done in both English and French, the English text being authoritative.

________________________

Mohamed Shahabuddeen

Presiding

Dated this fifth day of March 1999

At The Hague

The Netherlands

[Seal of the Tribunal]