Case No. IT-95-13/1-PT

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Pre-Trial Judge

Registrar:
Mr. Hans Holthuis

Decision of:
31 August 2005

PROSECUTOR

v.

MILE MRKSIC
MIROSLAV RADIC
VESELIN SLJIVANCANIN

___________________________________________

DECISION ON JOINT DEFENCE MOTION FOR EXTENSION OF TIME

___________________________________________

The Office of the Prosecutor:

Mr. Marks Moore

Counsel for the Accused Mile Mrksic:

Mr. Miroslav Vasic

Counsel for the Accused Miroslav Radic:

Mr. Borivoje Borovic
Ms. Mira Tapuskovic

Counsel for the Accused Veselin Sljivancanin:

Mr. Novak Lukic
Mr. Momcilo Bulatovic

I, Carmel Agius, Judge 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 "Joint Defence Motion for Extension of Time" filed jointly by Counsel for Mile Mrksic, Miroslav Radic and Veselin Sljivancanin ("Defence") on 30 August 2005 ("Motion") in which the Defence request that they be granted an extension of time until Friday, 23 September 2005, in which to file their respective pre-trial briefs;

NOTING the Scheduling Order issued by the Pre-Trial Judge on 20 July 2005 ("Scheduling Order") in which the Defence were ordered, pursuant to Rule 65ter(F) of the Rules of Procedure and Evidence of the Tribunal ("Rules"),1 to file their respective pre-trial briefs no later than Monday, 19 September 2005;

NOTING Rule 127(A) of the Rules which provides that "[a] Trial Chamber may, on good cause being shown by motion, (i) enlarge or reduce any time prescribed by or under these rules ()";

CONSIDERING that, in the Motion, the Defence have shown good cause for an extension of time in which to file their respective pre-trial briefs;

CONSIDERING further that such an extension of time has no bearing on the other deadlines identified in the Scheduling Order and further discussed during the meeting convened pursuant to Rule 65ter of the Rules and held on Wednesday, 24 August 2005 ("Rule 65ter Meeting");

FOR THE FOREGOING REASONS

PURSUANT TO Rules 54, 65ter(F) and 127(A) of the Rules;

HEREBY GRANTS THE MOTION AND ORDERS THAT:

  1. The Defence shall file their respective pre-trial briefs no later than Friday, 23 September 2005.

  2. The other deadlines identified earlier in the Scheduling Order and further discussed during the Rule 65ter Meeting shall remain the same, namely that:

    1. A Pre-Trial Conference shall be held on Monday, 3 October 2005;

    2. The Prosecution and the Defence shall make their opening statements on Monday, 3 and Tuesday 4, October 2005, if the duration of the Pre-Trial Conference allows for it.

    3. The Prosecution shall start presenting its evidence on Tuesday 11 October 2005.

 

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

Dated this thirty-first day of August 2005,
At The Hague
The Netherlands

________________
Carmel Agius
Pre-Trial Judge

[Seal of the Tribunal]


1. Rule 65ter(F) provides that "[a]fter the submission by the Prosecutor of the items mentioned in paragraph (E), the pre-trial Judge shall order the defence, within a time-limit set by the pre-trial Judge, and not later than three weeks before the Pre-Trial Conference, to file a pre-trial brief addressing the factual and legal issues ()"