Order on Defendant's Request for Relief from the Trial Chamber's Order of 31 August 1998

IN THE TRIAL CHAMBER

Before: Judge Florence Ndepele Mwachande Mumba, Presiding

Judge Antonio Cassese

Judge Richard May

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Decision of: 21 September 1998

PROSECUTOR

v.

ANTO FURUNDZIJA

___________________________________________________________

ORDER ON DEFENDANT’S REQUEST FOR RELIEF FROM

THE TRIAL CHAMBER’S ORDER OF 31 AUGUST 1998

___________________________________________________________

The Office of the Prosecutor:

Mr. Michael Blaxill

Ms. Patricia Viseur-Sellers

Counsel for the Accused:

PEDERSEN & HOUPT, P.C.

Mr. Luka S. Misetic

Mr. Sheldon Davidson

161 N. Clark Street, Suite 3100

Chicago, IL USA 60601

Telephone: (312) 641-6888

Facsimile: (312) 641-6895

THIS 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 ("the Tribunal"),

BEING SEISED of the confidential "Defendant’s Request for Relief from the Trial Chamber’s Order of 31 August 1998" (Official Record at Registry Page ("RP") D1957 - D1956) filed on 18 September 1998 ("the Request");

NOTING its Order of 31 August 1998 ("the Order"), in which the Trial Chamber ordered the Defence to "notify the Prosecution and the Trial Chamber by 21 September 1998 of the names of the Defence witnesses which it wishes to recall and any other witnesses which it intends to call";

CONSIDERING that certain documents, if relevant, as of 18 September 1998, have not yet been produced to the Defence;

CONSIDERING the Defendant’s Requests for a stay of the Trial Chamber’s Order of 31 August 1998 as well as to "grant the Defence 14 days from the time it receives the documents….to determine which witnesses it intends to call";

PURSUANT to Rule 54 of its Rules of Procedure and Evidence;

HEREBY ORDERS that:

1. paragraphs 2(b), (c), (d) and (e), and 3(b) and (c) of the Order of 31 August 1998 are stayed;

2. the Defence shall:

(a) notify the Prosecution and the Trial Chamber, within 14 days of it receiving the documents, if relevant, of the names of the Defence witnesses which it wishes to recall and any other witnesses which it intends to call;

(b) file by the above date of notification (in sub-paragraph (b)) the statements of any new witnesses which it intends to call;

(c) where relevant, notify the Prosecution and the Trial Chamber, within 14 days of receiving the names of any witnesses which the Prosecution intends to call in rebuttal, of the names of any witnesses which it intends to call in rejoinder;

(d)file by the above date of notification (in sub-paragraph (c)) the statements of any witnesses which it intends to call in rejoinder;

3. the Prosecution shall:

(a)where relevant, notify the Defence and the Trial Chamber within 5 days of receiving the notification in terms of paragraph 2(a) of this Order, of the names of any witnesses which it intends to call in rebuttal; and

(b)file by the above date (in sub-paragraph (a)) the statements of any witnesses which it intends to call in rebuttal.

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

________________________________

Florence Ndepele Mwachande Mumba

Presiding Judge

Dated this twenty first day of September 1998

At The Hague,

The Netherlands.