Case: IT-98-30/1-A

IN THE APPEALS CHAMBER

Before: Pre-Appeal Judge, Judge David Hunt

Registrar: Mr Hans Holthuis

Decision of: 3 October 2002

PROSECUTOR
v
Miroslav KVOCKA
Milojica KOS
Mladjo RADIC
Zoran ZIGIC
Dragoljub PRCAC

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DECISION ON ZORAN ZIGICíS MOTION SEEKING LEAVE TO ADD PARAGRAPHS TO HIS MOTION TO PRESENT ADDITIONAL EVIDENCE

___________________________________________

Counsel for the Prosecutor:

Ms Susan L Somers for the Prosecutor

Defendant:

Zoran Zigic (un-represented)

 

I, Judge David Hunt, Pre-Appeal Judge,

NOTING Zoran Zigicís ("Zigic") "Motion to Present Additional Evidence", filed confidentially on 23 August 2002 ("Motion") and the "Prosecutionís Response to Zoran Zigicís Motion to Present Additional Evidence", filed on 9 September 2002;

NOTING paragraphs 33 and 34 of Zigicís confidential "Reply to Prosecutionís Response to Zoran Zigicís Motion to Present Additional Evidence", filed on 23 September 2002 ("Reply"), where he refers to and summarises the statement of Faruk Hrncic a witness which he wishes to call;

NOTING the "Prosecutionís Motion to Strike Portion of Zigicís Reply to Prosecutionís Response to Zoran Zigicís Motion to Present Additional Evidence", filed on 26 September 2002, whereby the prosecution requests that paragraphs 33 and 34 of Zigicís Reply be struck out on the basis that these two paragraphs go beyond the proper scope and ambit of a reply;

NOTING Zigicís "Reply to Prosecutionís Motion to Strike Portion of Zigicís Reply to Prosecutionís Response to Zoran Zigicís Motion to Present Additional Evidence", filed confidentially on 30 September 2002;

NOTING the "Decision on Prosecutionís Motion to Strike Portion of Reply", rendered on 30 September 2002 ("pre-appeal Judgeís Decision"), whereby the pre-appeal Judge granted the prosecutionís motion to have paragraphs 33 and 34 stricken out of Zigicís Reply, but stated that Zigic might seek leave to add the content of those paragraphs to his original Motion;

NOTING that the pre-appeal Judgeís Decision further provided that, if Zigic sought such leave, the prosecution would have the right to file a further response to it;

BEING SEISED of Zigicís "Request for Leave to Add Paragraphs 33 and 34 of Zigicís ĎReply to Prosecutionís Response to Zoran Zigicís Motion to Present Additional Evidenceí Filed on 23 September 2002 to Zigicís ĎMotion to Present Additional Evidenceí Filed on 23 August 2002", filed on 2 October 2002, whereby Zigic seeks leave to add the content of paragraphs 33 and 34 of his "Reply" to his original Motion of 23 August 2002, arguing, by reference to his previous filings, that the material he seeks to add to his original Motion is essential to prove his innocence in relation to an incident for which he was found guilty at trial;

NOTING that the prosecution informed the Chamber orally that it did not object to leave being granted but sought leave to respond to Zigicís forthcoming motion;

CONSIDERING that good cause has been shown;

HEREBY GRANT LEAVE to add paragraphs 33 and 34 of his Reply to his original Motion, NOTE that the original Motion will now be deemed to include such paragraphs, and GRANT LEAVE to the prosecution to respond to those paragraphs within ten (10) days.

 

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

Dated this 3rd day of October 2002,
At The Hague,
The Netherlands.

______________________
David Hunt
Pre-Appeal Judge

[Seal of the Tribunal]