Case No.: IT-02-60/1-A
BEFORE THE PRE-APPEAL JUDGE
Before:
Judge Mehmet Güney
Registrar:
Mr. Hans Holthuis
Decision:
1 April 2005
Momir NIKOLIC
v.
PROSECUTOR
______________________________________
DECISION ON SECOND DEFENCE MOTION TO ENLARGE TIME FOR FILING OF REPLIES
Counsel for the Appellant:
Mr. Rock Tansey
Counsel for the Prosecutor:
Mr. Norman Farrell
I, Mehmet Güney, Judge of the Appeals Chamber of the International Criminal 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") and Pre-Appeal Judge in this case,
NOTING the "Appellant’s Motion for Leave to File Second Amended Notice of Appeal" and the confidential "Appellant’s Second Motion to Admit Additional Evidence" filed by Momir Nikolic ("Appellant") on 23 December 2004 ("Appellant’s Motions");
NOTING my confidential Decision of 7 February 2005 authorizing the Prosecution to file its responses to the Appellant’s Motions by 21 February 2005 and instructing the Appellant to file his replies to the Prosecution’s responses within twenty days of the filing of the Prosecution’s response, namely, by 14 March 2005;1
NOTING my Decision of 8 March 2005 granting the Appellant a further extension of time, until Monday 11 April 2005,2 to file his replies to the Prosecution’s Responses;3
BEING SEISED OF the "Second Motion to Enlarge Time for Filing of Replies Relating to Appellant’s Second Motion to Admit Additional Evidence and Motion for Leave to File a Second Amended Notice of Appeal" filed on 31 March 2005 by the Appellant ("Second Motion for Extension of Time"), whereby he seeks a further extension of eight weeks to file his replies to the Prosecution’s Responses;
NOTING that, in support of his request, the Appellant submits, inter alia, that:
NOTING the "Prosecution Response to Second Motion to Enlarge Time for Filing of Replies Relating to Appellant’s Second Motion to Admit Additional Evidence and Motion for Leave to File a Second Amended Notice of Appeal" filed on 1 April 2005, in which the Prosecution indicates that it does not oppose the Second Motion for Extension of Time on the sole basis that the Appellant’s Counsel needs two additional weeks after the end of the terrorism trial to acquaint himself with the case, consult further with his client and file the replies;
NOTING that pursuant to paragraph 12, Section IV, of the Practice Direction on Procedure for the Filing of Written Submissions in Appeal Proceedings before the International Tribunal9 ("Practice Direction"), an appellant may file a reply within four days of the filing of the response;
NOTING that, pursuant to Rule 127 of the Rules of Procedure and Evidence of the International Tribunal and paragraph 19, Section VIII, of the Practice Direction, the Appeals Chamber may vary any time-limit prescribed for the filing of written submissions;
NOTING that the Appellant was granted two extensions amounting to a further 45 days for the filing of his replies;
CONSIDERING that it is in the interests of justice to allow newly appointed Counsel to familiarise himself with the case and that it was on this specific ground that the second extension of time was granted;
CONSIDERING nevertheless that former Counsel for the Appellant is currently part of the legal team of the newly appointed Counsel and is therefore able to significantly assist the new Counsel in preparing the replies;
CONSIDERING moreover that the time required to prepare a reply should not be significant since a reply is restricted to dealing with issues raised in the opposite party’s response and cannot be used to supplement the initial motion with new arguments;
STRESSING that other professional commitments of counsel should not have any bearing on the responsibilities of counsel towards their client and the International Tribunal;
FINDING that good cause has not been shown to grant a further extension of time to the Appellant for the filing of his replies to the Prosecution’s Responses;
FOR THE FOREGOING REASONS,
DENY the Second Motion for Extension of Time; and
REMIND the Appellant that the filing of his replies is due no later than Monday, 11 April 2005.
Done both in English and French, the English text being authoritative.
Done this first day of April 2005,
At The Hague,
The Netherlands.
______________________
Mehmet Güney
Pre-Appeal Judge
[Seal of the International Tribunal]