Case No. IT-95-13/1-PT
Before:
Judge Wolfgang Schomburg, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Carmel Agius
Registrar:
Mr. Hans Holthuis
Decision of:
25 June 2003
PROSECUTOR
v.
MILE MRKSIC
MIROSLAV RADIC
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DECISION DISMISSING MIROSLAV RADIC’S "DEFENCE PRELIMINARY MOTION"
____________________________________
The Office of the Prosecutor:
Mr. Jan Wubben
Counsel for the Accused Mile Mrksic:
Mr. Miroslav Vasic
Counsel for the Accused Miroslav Radic:
Mr. Borivoje Borovic
TRIAL CHAMBER II ("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 ("Tribunal"):
BEING SEISED OF the "Defence Preliminary Motion" ("Motion") filed by counsel for the Accused Miroslav Radic ("Radic") on 17 June 2003, wherein Radic challenges the form of the Amended Indictment against him;1
NOTING the Amended Indictment against the Accused Mile Mrksic ("Mrksic"), Radic, Veselin Sljivancanin and Slavko Dokmanovic filed by the Office of the Prosecutor ("Prosecution") on 2 December 1997;2
NOTING further the Second Amended Indictment against Mrksic filed by the Prosecution on 29 August 2002;3
NOTING that the Prosecution indicated during Radic’s Initial Appearance that it would file a further amended indictment against Mrksic and Radic once the Trial Chamber had rendered its decision on the challenge to the form of the Second Amended Indictment against Mrksic;4
NOTING further the decision on the form of the Second Amended Indictment against Mrksic issued by the Trial Chamber on 19 June 2003;6
CONSIDERING that the Prosecution intends to file an application for leave to amend the Amended Indictment against Radic;
FOR THE FOREGOING REASONS,
PURSUANT TO Rule 54 of the Rules;
HEREBY DISMISSES the Motion and ORDERS that in the interests of justice and to avoid duplication of pre-trial motions, filings of motions and responses by all parties regarding the form of the Amended Indictment against Radic be held in abeyance pending the filing of the Prosecution’s motion for leave to amend it .
Done in French and English, the English version being authoritative.
Dated this twenty-fifth day of June 2003,
At The Hague
The Netherlands
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Wolfgang Schomburg
Presiding Judge
[Seal of the Tribunal]