Order on Motion to Withdraw the Indictment Against the Accused Vlatko Kupreskic

IN THE TRIAL CHAMBER

Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 11 August 1998

PROSECUTOR

v.

Zoran KUPRESKIC, Mirjan KUPRESKIC, Vlatko KUPRESKIC,
Drago JOSIPOVIC, Dragan PAPIC, Vladimir SANTIC, also known as "VLADO"

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ORDER ON MOTION TO WITHDRAW THE INDICTMENT
AGAINST THE ACCUSED VLATKO KUPRESKIC

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The Office of the Prosecutor:

Mr. Franck Terrier
Mr. Albert Moskowitz

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina, for Vlatko Kupreskic
Mr. Luko Susak, for Drago Josipovic
Mr. Petar Puliselic, for Dragan Papic
Mr. Petar Pavkovic, for Vladimir Santic

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 Withdraw the Indictment Against the Accused Vlatko Kupreskic (Official Record at Registry Page ("RP") D1967-D1979), filed by the Defence on 16 July 1998 and the Response of the Defence Counsels for the Accused Vlatko Kupreskic to the Prosecutor’s Response to Accused Vlatko Kupreskic’s Motion to Withdraw the Indictment and Motion for Scheduling of a Separate Hearing (RP D2009-D2015) filed 29 July 1998 ("Defence Motions");

NOTING Rule 72 and Rule 73 of the Rules of Procedure and Evidence of the International Tribunal ("Rules") addressing preliminary and other motions, respectively;

NOTING the Trial Chamber’s Decision on Defence Motions for Separate Trials (RP D1078-D1080) filed 15 May 1998;

CONSIDERING the Prosecutor’s Response to Accused Vlatko Kupreskic’s Motion to Withdraw the Indictment (RP D2005-D2007) filed on 23 July 1998 and the Prosecutor’s Response to Vlatko Kupreskic’s Motion for Scheduling of a Separate Hearing (RP D2066-D2071) filed on 7 August 1998;

CONSIDERING FURTHER the Prosecution’s Order of Witnesses and Estimated Length of Examination-in-Chief (RP D2051-2055) filed on 3 August 1998;

CONSIDERING FURTHER that the Defence Motion raises factual issues that are unsuitable for resolution at this stage of the proceedings and that any further assessment of the relevance or credibility of evidence in this case must await a full hearing on the merits;

PURSUANT TO RULE 54,

HEREBY DISMISSES THE DEFENCE MOTIONS;

AND NOTES that no special hearing is necessary, but that any outstanding matters may be discussed prior to the commencement of trial at 9:30 hours on 17 August 1998.

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

___________________

Florence Ndepele Mwachande Mumba

Judge of the Trial Chamber

Dated this eleventh day of August 1998

At The Hague,

The Netherlands.

[Seal of the Tribunal]