IN THE APPEALS CHAMBER
Judge Theodor Meron, Pre-Appeal Judge
Mr Hans Holthuis
15 October 2003
DECISION ON THE DEFENCEíS MOTION FOR EXTENSION OF TIME
Counsel for the Prosecution:
Mr Norman Farrell
Counsel for the Appellant:
Mr Nenad Petrusic
Mr Norman Sepenuk
1. The Defence seeks an extension of time in which to reply to the Prosecutionís notice and filing of rebuttal evidence. By a Scheduling Order of 24 September 2003, the Prosecution was directed to notify the Chamber by 3 October 2003 about the rebuttal evidence it will seek to have admitted. The Prosecution subsequently requested, and was granted, an extension until 20 October 2003 to file evidence derived from the testimonies of Mr. Momir Nikolić and Mr. Dragan Obrenović in the case of The Prosecutor v. Vidoje Blagojevic, No. IT-02-60-T.
2. On 13 October 2003, the Defence filed its "Motion for Extension of Time to File Reply to Prosecutionís Notice and Filing of Rebuttal Evidence and Arguments in Compliance with the Appeals Chamberís Scheduling Order." The Defence seeks until 30 October 2003 to reply to the evidence the Prosecution will seek to introduce. The Defence justifies its request by noting the extension granted to the Prosecution and says that the proceedings before the Appeals Chamber would benefit from a single response by the Defence to all of the Prosecutionís evidence. The Defence further notes that the Prosecution agrees with this rationale and has no objection to its request.
3. Under Rule 127(B), the Appeals Chamber may grant a motion for extension of time upon a showing of good cause. In this case, I conclude the Defence has made the requisite showing. As already noted, the Prosecution was granted until 20 October 2003 to file evidence derived from the testimonies of Mr. Nikolić and Mr. Obrenović. It will assist the Appeals Chamber, as the Defence argues, to have a single reply to the rebuttal evidence presented by the Prosecution. The extension sought is of a short duration, and the Prosecution has not objected to it.
For these reasons, I HEREBY GRANT the Defenceís Motion for Extension of Time and ORDER that the time in which the Defence may file a reply to the Prosecutionís notice of rebuttal evidence be extended through Thursday, 30 October 2003.
Done in both English and French, the English text being authoritative.
Dated this 15th of October 2003,
At The Hague,
Judge Theodor Meron
[Seal of the Tribunal]