IN THE TRIAL CHAMBERBefore:
Mr. Hans Holthuis
11 July 2003
DECISION ON DEFENCE COMPLAINT ON THE TRIAL CHAMBER DECISION
The Office of the Prosecutor
Mr. Ekkehard Withopf
Ms. Maria Tuma
Mr. Daryl Mundis
Counsel for the Accused
Mr. Ahmet Hodzic
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 ("International Tribunal"),
BEING SEISED of "Complaint On The Trial Chamber Decision", filed by the Defence Counsel of Sefer Halilović (“Accused”) on 30 June 2003 ("Motion"), requesting the Trial Chamber to reconsider its decisions regarding the denial (1) for relief of waiver from the failure of the Defence of the Accused to timely bring a preliminary motion; and (2) for exclusion from trial of the statements and interviews of the Accused conducted by the Office of the Prosecutor ("Prosecution"), during the period when the Accused was represented by a prior defence counsel,
NOTING the "Prosecution’s Response To Defence Complaint On The Trial Chamber Decision", filed by the Prosecution on 3 July 2003, requesting the Trial Chamber to reject the Motion,
NOTING that the Defence has previously filed such request for relief of waiver from its failure to timely bring a preliminary motion on two additional separate occasions after the Trial Chamber issued its decision on the matter,1
NOTING that the Defence has also previously filed such request for exclusion from trial of the statements and interviews of the Accused and the subsequent Trial Chamber decision on the matter,2
CONSIDERING that the Trial Chamber has already rendered its decision regarding both matters after careful consideration of all relevant matters,
PURSUANT TO Rule 54 of the Rules of Procedure and Evidence of the International Tribunal,
HEREBY DISMISSES the MOTION.
Done in English and French, the English text being authoritative.
Dated this eleventh day of July 2003
At The Hague
[Seal of the Tribunal]
1. The Trial Chamber issued its decision on
1 April 2003 dismissing the defence motion. Subsequently, the defence requested
the same relief in its motion filed on 29 May 2003 to which the Trial Chamber
issued its decision on 12 June 2003 again denying the defence motion. And for
the third time, the defence requested the same relief in its motion filed on
23 June 2003.
2. Decision of 12 June 2003 denying the defence motion.