Case No: IT-00-39 & 40-PT

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Decision of:
18 October 2002

PROSECUTOR
v.
MOMCILO KRAJISNIK
&
BILJANA PLAVSIC

__________________________________

DECISION ON MOMCILO KRAJISNIKíS MOTION TO DISMISS OR FOR ALTERNATIVE RELIEF

__________________________________

Office of the Prosecutor:

Mr. Mark Harmon
Mr. Alan Tieger

Counsel for the Accused:

Mr. Deyan Brashich, for Momcilo Krajisnik
Mr. Robert. J. Pavich and Mr. Eugene OíSullivan, for Biljana Plavsic

 

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 the "Motion to Dismiss or for Alternative Relief" filed by counsel on behalf of the accused Momcilo Krajisnik ("Accused") on 17 June 2002 ("Motion"), seeking an order that the indictment be dismissed or, alternatively, that the Trial Chamber direct the Registry to provide sufficient resources to the Krajisnik Defence team to provide "competent representation and a fair trial",

NOTING the Invitation to Registry to Comment on Defence Motion to Dismiss or for Alternative Relief issued by the Trial Chamber on 18 June 2002,

NOTING the "Registry Comments on Trial Chamberís Invitation to Comment on Defence Motion to Dismiss or for Alternative Relief" issued by the Registry on 1 July 2002 ("Registry Comments"),

NOTING the "Prosecutionís Response to Krajisnikís Motion to Dismiss or for Alternative Relief" filed on 1 July 2002, which, while taking no position on the request for additional resources, clarifies several factual assertions made in the Motion,

NOTING that, in the Motion, the Krajisnik Defence complains that:

  1. the Prosecution will provide 104,000 documents consisting of over 300, 000 pages during the discovery process;
  2. on 3 April 2002 the Registry informed the Krajisnik Defence that the team had exhausted the allocated working hours and notified the Defence of the monthly allotments to be provided until the start of trial;
  3. the monthly allotments are insufficient for the Krajisnik Defence team to accomplish all its necessary tasks and additional hours are needed,

NOTING that the specific relief sought is for two additional legal consultants with allotments of at least 175 hours per month and an additional 200 hours per month for a case manager and additional supporting staff,

NOTING that, in the Registry Comments, the Deputy Registrar explains that:

  1. as the legal aid system is in a transitional stage, there are two payment systems in place, and the Krajisnik Defence receives monthly allotments and a number of working hour packages under the old system (that in place before 31 December 2000);
  2. the fees paid to the Krajisnik Defence for the period April 2000 to April 2002, amounted to approximately 885,750 USD,
  3. the monthly allotment to the Krajisnik Defence until the start of trial is:

    1. 175 working hrs for lead counsel (Mr Brashich);
    2. A maximum of 700 hrs for legal consultant (Mr Kostich);
    3. 450 working hrs for support staff per month until 30 September, to be used by legal assistants/investigators as assigned by lead counsel,

NOTING that the Krajisnik Defence has claimed to the Registry to have so far received from the Prosecution 225,000 pages of documents; 5,000 pages of Rule 92bis material; 3,000 audio tapes and 100 video tapes; and about 2,000 pages of Rule 68 material,

NOTING that the Registry has put up to 20 translators at the disposal of the Defence to review Prosecution disclosure material,

NOTING that the Krajisnik Defence currently consists of one lead counsel (Brashich), one consultant (Kostich), two investigators and several legal assistants,

NOTING the position of the Registry that the Krajisnik case is rated at the highest level of complexity (a "level 3 plus" case), that the Krajisnik Defence team has been provided with sufficient resources, that Registry resources are limited and, if the relief sought were granted by the Trial Chamber, the Registry would incur additional costs of approximately 100,000 USD until the trial begins,

CONSIDERING that, with regard to the request for dismissal of the indictment, the Defence has failed to advance any arguments as to the legal basis for dismissal,

CONSIDERING, as to whether additional resources should be granted, that the Krajisnik Defence has not, apart from listing generally the tasks required to be carried out, provided an explicit and detailed breakdown of its needs or sufficiently justified how the provision of two additional legal consultants (with allotments of at least 175 hours) and an additional 200 hours for a case manager and additional supporting staff would improve the preparation of the case for trial, nor has it specified the prejudice alleged,

CONSIDERING that the Trial Chamber is satisfied that sufficient resources have been provided to the Krajisnik Defence,

PURSUANT to Rule 54 of the Rules

HEREBY DISMISSES THE MOTION.

 

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

_____________________________
Richard May
Presiding

Dated this eighteenth day of October 2002
At The Hague
The Netherlands

[Seal of the Tribunal]