IN THE TRIAL CHAMBER

Before: Judge Richard George May, Presiding

Judge Lal Chand Vohrah

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 25 March 1998

 

PROSECUTOR

v.

MILAN KOVACEVIC

____________________________________________________________

ORDER ON DEFENCE MOTION FOR EXPEDITED ORDERS TO COMPEL

____________________________________________________________

The Office of the Prosecutor:

Mr. Grant Niemann
Mr. Michael Keegan
Ms. Hildegard Uertz-Retzlaff
Mr. Morten Bergsmo

Counsel for the Accused:

Mr. Dusan Vucicevic
Mr. Anthony D’Amato

 

THE TRIAL CHAMBER,

NOTING that on 19 March 1998 the Defence filed a Motion for Expedited Orders to Compel, with Addendum (together "the Motion"), requesting the Trial Chamber to issue certain orders, and on 24 March 1998 filed a Request for Expedited Conference/Hearing,

CONSIDERING THE FOLLOWING:

the document sought in the request for Order I has already been provided by the Registry to the Defence and the subject-matter of the second part of the request for Order I (extension of time) is a matter for the Appeals Chamber and not for this Trial Chamber;

the subject-matter of the request for Order II (production of authorities) is a matter for the Appeals Chamber and not for this Trial Chamber;

the subject-matter of the request for Order III (provision of second co-counsel) falls within the scope of the functions of the Registrar of the International Tribunal pursuant to Rule 46 of the Rules of Procedure and Evidence of the International Tribunal ("the Rules") and to the Directive on the Assignment of Counsel;

the request for Order IV (security assistance) is suitable for consideration by the Trial Chamber;

the subject-matter of the request for Order V (video-tapes of testimony) falls within the scope of the functions of the Registrar pursuant to Rule 81 of the Rules;

the request for Order VI (production of material seized) is suitable for consideration by the Trial Chamber,

 

PURSUANT TO RULE 54 of the Rules

HEREBY ORDERS as follows:

the Trial Chamber defers to the Appeals Chamber consideration of the requests for Orders I and II;

the requests for Orders III and V are referred to the Registrar of the International Tribunal for consideration; and

the Trial Chamber will hear oral argument on the requests for Orders IV and VI on Thursday 26 March 1998 at 4.30 p.m, in closed session, these being matters that should properly be heard in closed session for the protection of the interests of justice pursuant to Rule 79 (A)(iii).

 

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

____________________

Richard May

Presiding Judge

Dated this twenty-fifth day of March 1998

At The Hague

The Netherlands

[Seal of the Tribunal]