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: 2 May 1997

PROSECUTOR

v.

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

________________________________________________________

ORDER ON REQUEST FOR WITHDRAWAL OF COUNSEL

________________________________________________________

 

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 written request by Zdravko Mucic ("the accused") for withdrawal of the lead counsel for his defence, Mr. Branislav Tapuskovic, dated 18 March 1997 ("the Request");

CONSIDERING that the accused has a right, guaranteed by Article 21(4)(d) of the Statute of the International Tribunal ("the Statute"), to defend himself in person or through legal assistance of his choosing;

NOTING HOWEVER that in accordance with the provisions of Article 21 of the Directive on Assignment of Defence Counsel ("Directive") Mr. Branislav Tapuskovic cannot be withdrawn as lead counsel for the accused until a suitable replacement is found;

NOTING FURTHER information provided to the Trial Chamber by Mr. Branislav Tapuskovic that he would be willing to withdraw as lead counsel for the accused should suitable replacement counsel be found;

NOTING that the accused has by a written communication to the Registrar dated 28 April 1997 requested the appointment of Mr. Zeljko Olujic as counsel for his defence;

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

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

THE TRIAL CHAMBER HEREBY ORDERS AS FOLLOWS:

PURSUANT TO ARTICLES 20 AND 21 OF THE DIRECTIVE, GRANTS the Request and directs the Registrar to immediately take the appropriate steps to secure the services of Mr. Zeljko Olujic. Mr. Branislav Tapuskovic will be deemed to have withdrawn from his position as lead counsel upon the appointment of Mr. Zeljko Olujic.

 

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

________________________

Adolphus Godwin Karibi-Whyte

Presiding Judge

Dated this second day of May 1997

At the Hague

the Netherlands.

[Seal of the Tribunal]