IN THE TRIAL CHAMBER

Before: Judge Adolphus G. Karibi-Whyte, Presiding

Judge Elizabeth Odio Benito

Judge Saad Saood Jan

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 25 April 1997

PROSECUTOR

v.

ZEJNIL DELALIC
ZDRAVKO MUCIC also known as "PAVO"
HAZIM DELIC
ESAD LANDZO also known as "ZENGA"

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ORDER ON REQUEST FOR REVOCATION OF POWER OF ATTORNEY

_________________________________________________________

 

The Office of the Prosecutor

Mr. Eric Ostberg Mr. Guiliano Turone

Ms. Teresa McHenry Ms. Elles van Duschotten

Counsel for the Accused

Ms. Edina Residovic, Mr Ekrem Galiatovic, Mr. Eugene O’Sullivan, for Zejnil Delalic

Mr. Branislav Tapuskovic, Mr. Micheal Greaves for Zdravko Mucic

Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic

Mr. Mustafa Brackovic, Ms. Cynthia McMurrey, for Esad Landzo

 

THIS 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 ("International Tribunal");

BEING SEISED of a request by Mr. Mustafa Brackovic, lead counsel for the accused Esad Landzo ("the accused"), for revocation of his power of attorney to act in the capacity of lead counsel for the accused ("Request");

NOTING that in accordance with the provisions of Article 21 of the Directive on Assignment of Defence Counsel ("Directive") Mr. Mustafa Brackovic cannot withdraw his services as lead counsel for the accused until a suitable replacement is found;

CONSIDERING that it appears, from the facts stated in the Request, that Mr. Mustafa Brackovic and his co-counsel, Ms. Cynthia McMurrey, have taken steps to ensure that Mr. John Ackerman, attorney from the United States of America, is available to be appointed for the defence of the accused, in the event that the Request is granted;

CONSIDERING FURTHER that by a letter dated 18 April 1997, the accused has intimated to the Trial Chamber the fact that he has knowledge of and agrees with the possible involvement of the said Mr. John Ackerman;

CONSIDERING THEREFORE that it appears that the defence of the accused will not be unduly prejudiced by the withdrawal of Mr. Mustafa Brackovic as lead counsel;

TAKING INTO ACCOUNT the provisions of Article 21 of the Statute of the International Tribunal, Rule 45 of the Rules of Procedure and Evidence ("Rules") and Article 21 of the Directive;

THE TRIAL CHAMBER HEREBY ORDERS AS FOLLOWS:

    1. PURSUANT TO ARTICLE 20(C) OF THE DIRECTIVE, DIRECTS the Registrar to immediately take the
        appropriate steps to secure the services of Mr. John Ackerman for the defence of the accused.

  1. PURSUANT TO RULE 54, GRANTS the Request on the condition that a suitable period, to be determined at the discretion of the Registrar, shall pass before Mr. Mustafa Brackovic may withdraw from his position as lead counsel, to ensure that Mr. John Ackerman is adequately familiarised with the case in order to be able to provide, in conjunction with Ms. Cynthia McMurrey, an effective defence of the accused.

 

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

________________________

Adolphus Godwin Karibi-Whyte

Presiding Judge

Dated this twenty-fifth day of April 1997

At the Hague

the Netherlands.

[Seal of the Tribunal]