Case No.: IT-04-81-PT

IN THE TRIAL CHAMBER

Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Order of:
27 April 2005

PROSECUTOR

v.

MOMCILO PERISIC

_________________________________________________

ORDER GRANTING EXTENSION OF TIME TO FILE PRELIMINARY MOTIONS

__________________________________________________

The Office of the Prosecutor

Mr. Dermot Groome
Mr. Chester Stamp
Mr. Karim Agha

Counsel for Momcilo Perisic

Mr. James Castle

 

I, PATRICK ROBINSON, 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 ("the International Tribunal"),

HAVING BEEN DESIGNATED as pre-trial Judge in this case by virtue of an Order of the Trial Chamber dated 9 March 2005,

BEING SEISED of (1) a "Prosecution Motion for Extension of Time to Disclose Rule 66(A)(i) Material" filed by the Office of the Prosecutor ("Prosecution") on 8 April 2005, seeking to extend the date for the service of supporting material on the accused until such time as permanent counsel is assigned ("Motion"), and (2) an "Application for Order Regarding the Service of Supporting Material by the Prosecutor", filed by the Duty Counsel for Momcilo Perisic ("the Accused") on 8 April 2005, requesting that supporting materials be disclosed to Duty Counsel with an order that time for the purposes of the filing of preliminary motions pursuant to Rule 72 will not start running until after counsel of record is assigned by the Registry ("Defence Request"),

CONSIDERING that, pursuant to Rule 66(A)(i) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), the time-limit for disclosure of the supporting material which accompanied the indictment on confirmation expired on 8 April 2005,

NOTING the Decision of the Deputy Registrar of 22 April 2005 assigning Mr. James Castle, attorney at law from the United States, as counsel to the accused,

CONSIDERING that there is good cause to grant the Defence Request to extend the time-limit for the filing of preliminary motions pursuant to Rule 72 of the Rules,

PURSUANT to Rules 65 ter, 66 and 127 of the Rules,

HEREBY ORDER as follows:

  1. the Prosecution shall immediately disclose to the Accused the supporting material which accompanied the Indictment on confirmation, and

  2. the Accused may file preliminary motions pursuant to Rule 72 no later than thirty days after disclosure by the Prosecution of all material referred to in Rule 66(A)(i).

 

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

___________
Patrick Robinson
Pre-trial Judge

Dated this twenty-seventh day of April 2005
At The Hague
The Netherlands

[Seal of the Tribunal]