Case: IT-00-39-T

IN TRIAL CHAMBER I

Before:
Judge Alphons Orie, presiding
Judge Joaquín Martín Canivell
Judge Claude Hanoteau

Registrar:
Mr Hans Holthuis

Order of:
26 August 2005

PROSECUTOR

v.

MOMCILO KRAJISNIK

___________________________________________________________________________

ORDER PURSUANT TO RULE 65 TER (G) WITH CONSEQUENTIAL VARIATION OF TRIAL SCHEDULE

___________________________________________________________________________

Office of the Prosecutor

Mr Mark Harmon
Mr Alan Tieger

Counsel for the Defence

Mr Nicholas Stewart, QC
Mr David Josse

 

THE CHAMBER,

NOTING that the Prosecution case closed on 22 July 2005;

RECALLING our finding of 19 August 2005 that the Accused has a case to answer;1

NOTING the requirements of Rule 65 ter (G) of the Rules of Procedure and Evidence that after the close of the Prosecution case and before the commencement of the Defence case the Chamber shall order the Defence to file a list of witnesses it intends to call and a list of exhibits it intends to offer;

NOTING the scheduling order of 26 April 2005, currently in force, which has the Defence case starting on 12 September 2005;

CONSIDERING the informal submissions made by lead-counsel for the Defence at a Rule 65 ter (D) (iv) conference on 23 August 2005, to the effect that the Defence is not in a position to start its case on the scheduled date;

CONSIDERING that, in the Chamberís view, those informal submissions alone do not show good cause to vary the scheduling order;

CONSIDERING, however, that a further formal adjournment motion, as forecast by the Defence, would be burdensome for the Defence and that it is within the Chamberís discretion in matters of scheduling to display exceptional flexibility, even in a case such as the present where the Accused has failed to make his assessed contribution to the costs of his defence, a factor which may have contributed to the current state of under-preparedness of the Defence in relation to its Rule 65 ter (G) obligations and the timely start of its case;

HEREBY ORDERS that:

a) The Defence shall meet its Rule 65 ter (G) obligations by filing the required information no later than Monday 26 September 2005;

b) The Defence case shall commence on Monday 3 October 2005, after the holding of a Rule 73 ter conference on the same day;

c) The current scheduling order shall otherwise remain unchanged, and the Defence case shall close, as scheduled, no later than Friday 10 March 2006.

 

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

___________________
Judge Alphons Orie
Presiding Judge

Dated this 26th day of August 2005
At The Hague,
The Netherlands

[Seal of the Tribunal]


1. T. 17132.