Case: IT-98-30/1-A

IN THE APPEALS CHAMBER

Before: Judge David Hunt, Pre-Appeal Judge

Registrar: Mr. Hans Holthuis

Decision of: 18 September 2002

PROSECUTOR
v
Miroslav KVOCKA, Mladjo RADIC, Zoran ZIGIC & Dragoljub PRCAC

_________________________________________

DECISION ON APPELLANT REQUEST FOR EXTENSION OF TIME

_________________________________________

Counsel for the Prosecutor:

Mr Christopher Staker

Counsel for the Appellants:

Mr Krstan Simic for Miroslav Kvocka
Mr Toma Fila for Mladjo Radic
Mr Slobodan Stojanovic for Zoran Zigic
Mr Jovan Simic for Dragoljub Prcac

 

I, Judge David Hunt, Pre-Appeal Judge,

NOTING the "Motion to (sic) Leave to Reply and to Extend the Time Limit for Reply on Prosecutionís Response to Zoran Zigicís ĎMotion to Present Additional Evidenceí" filed by Zoran Zigic on 16 September 2002 ("Motion"), by which Zoran Zigic ("Zigic") seeks an extension of time until 23 September to file a Reply to "Prosecutionís Response to Zoran Zigicís ĎMotion to Present Additional Evidence" filed by the prosecution on 9 September ("Response");

CONSIDERING that Counsel for Zigic did not receive a copy of the Response until 14 September because the many attempts by the Registry to send a facsimile of the Response to Counsel were unsuccessful;

BUT CONSIDERING that Zigic should not be disadvantaged by reason of the failure of his Counsel to have his facsimile machine operating;

CONSIDERING the "Prosecutionís Response to Zoran Zigicís ĎMotion for Leave to Reply and Extend the Time-Limit for Reply on Prosecutionís Response to Zoran Zigicís ĎMotion to Present Additional Evidenceí" filed by the prosecution on 17 September in which the prosecution advises that it does not oppose the grant of an extension of time but does oppose a grant of leave to file additional pages upon the basis that the Motion is ambiguous in this regard;

CONSIDERING the "Decision Granting Extensions of Time and Page Limits" ("Decision"), issued by the Appeals Chamber on 30 August, in which the prosecution was granted an extension of time and leave to file up to 30 pages for its Response;

CONSIDERING Zigicís references in the Motion to the Decision and his statement that "having in mind principle of fairness, induces right of this Defense for more scope in the discussion" can safely be interpreted as a request for an additional number of pages in order to reply to the Response;

CONSIDERING FURTHER that, provided Zigic does not seek to introduce new issues in reply and provided his reply is limited to matters of reply only, he may file a reply containing up to 25 pages;

CONSIDERING that par 7 of the "Practice Direction on the Lengths of Briefs and Motions" (IT/184.Rev 1) allows the Appeals Chamber to authorise an extension of the page limits, and that par 16 of the "Practice Direction on Procedure for the Filing of Written Submissions in Appeal Proceedings Before the International Tribunal" (IT/155. Rev 1) allows the Appeals Chamber to grant a motion to extend a time limit upon a showing of good cause and that good cause has been shown;

HEREBY ORDERS:

  1. The grant of an extension of time to Zigic until 23 September to file a reply;
  2. Zigic is granted leave to file a reply of up to 25 pages.

 

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

Dated this 18th day of September 2002,
At The Hague,
The Netherlands.

______________________
David Hunt
Pre-Appeal Judge

[Seal of the Tribunal]