Case No. IT-01-45-PT

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Kevin Parker
Judge Christine Van Den Wyngaert

Registrar:
Mr. Hans Holthuis

Order of:
29 March 2006

PROSECUTOR

v.

ANTE GOTOVINA

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DECISION ON DEFENCE MOTION FOR EXTENSION OF TIME

________________________________________

The Office of the Prosecutor:

Mr Alex Whiting
Ms Laurie Sartorio
Ms Prashanthi Mahindaratne
Ms Heike Bock

Counsel for the Defence

Mr Luka S. Misetic

 

TRIAL CHAMBER II 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 "Chamber" and the "Tribunal");

BEING SEIZED OF "Defendant Ante Gotovina’s Motion for Extension of Time to Respond to Outstanding Prosecution Motions, and Request for expeditious Filings" filed on 27 March 2006 ("Motion"), whereby the Defence requests an extension of time of four days, i.e. until 4 April 2006, to respond to the Prosecution outstanding motions;

NOTING the "Prosecution’s Response to Defendant Ante Gotovina’s Motion for Extension of Time to Respond to Outstanding Prosecution Motions, and Request for expeditious Filings", filed on 29 March 2006, in which the Prosecution does not object the Motion;

NOTING the "Prosecution’s Motion for Non-Disclosure to Public of Supporting Materials" filed on 11 January 2006 ("Motion for non-disclosure");

NOTING the "Prosecution’s Consolidated Motion to Amend the Indictment and for Joinder" and the "Prosecution’s Motion to exceed the Word Limitation in the Prosecution’s Consolidated Motion to Amend the Indictment and for Joinder" ("Consolidated Motion") filed on 20 February 2006 with supplementary supporting materials in the present case and in the case Prosecutor v. Ivan Cermak and Mladen Markac Case No. IT-03-73-PT ("Cermak and Markac case"), in which the Prosecution requests that this case be jointly charged and tried with the Cermak and Markac case and that the Indictment against the Accused Ante Gotovina and the amended Indictment against the Accused Ivan Cermak and Mladen Markac be amended as reflected in a joinder indictment annexed to the Consolidated Motion in Attachment A ("Joinder Indictment");

NOTING the "Decision on the 'Defence’s Motion for a Stay on Time Limit Regarding all Filing of (Preliminary) Motions pursuant to Rules 72 and 73 and Responses to Prosecution Motions, and Request for Expeditious Filing' ", issued on 26 January 2006 ("Decision of 26 January 2006"), whereby the Trial Chamber ordered that the time limits relating to the filing of preliminary motions pursuant to Rule 72 and 73 of the Rules and the filing of responses to Prosecution’s motions and/or requests at the pre-trial stage in the present case shall be stayed and shall start running from the moment of the appointment or assignment of a permanent counsel in the present case;

NOTING the Decision from the Deputy Registrar dated 17 March 2006, whereby the Registrar decided pursuant to Rule 44(A) of the Rules to admit Mr Mišetic to represent the Accused Gotovina before the Tribunal and directed the Duty Counsel to hand over to Mr Mišetic any case-related materials he received during his assignment as duty counsel;

NOTING that pursuant to Rule 66 (A) (i) of the Rules, the Prosecution shall disclose to the defence, within thirty days of the initial appearance of the accused, inter alia, copies of the supporting material which accompanied the indictment when confirmation was sought;

NOTING that supplementary supporting materials were filed with the Consolidated Motion;

NOTING that, pursuant to Rule 126bis of the Rules, unless otherwise ordered by a Chamber, a response, if any, to a motion shall be filed within fourteen days of the filing of the motion and a reply, if any, shall be filed within seven days of the filing of the response, with the leave of the Chamber;

CONSIDERING that the materials in the present case were only at the Defence’s disposal on 21 March 2006 and that the Defence Counsel had to address matters in Croatia pertaining to the defence of the Accused;

CONSIDERING that in view of the circumstances, it would be proper to allow sufficient time to the Defence of the Accused Gotovina to review the materials filed in the present case to be in the position to file its responses to the Motion for non-disclosure and the Consolidated Motion;

PURSUANT TO Rules 54 and 126bis of the Rules,

HEREBY GRANTS the Motion and

ORDERS that the Defence of the Accused Gotovina shall submit its responses to the Motion for non-disclosure and the Consolidated Motion by 4 April 2006 to which the Prosecution may file, within 7 days, any reply if it so wishes.

 

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

Dated this twenty-ninth day of March 2006
At The Hague
The Netherlands

_______________________
Judge Carmel Agius
Presiding

[Seal of the Tribunal]