Case No. IT-04-74-PT

Prosecutor v. Bruno Stojic

DECISION

THE DEPUTY REGISTRAR,

NOTING the Statute of the Tribunal as adopted by the Security Council under Resolution 827 (1993), and in particular Article 21 thereof;

NOTING the Rules of Procedure and Evidence as adopted by the Tribunal on 11 February 1994, as subsequently amended ("Rules"), and in particular Rules 44 and 45 thereof;

NOTING the Directive on Assignment of Defence Counsel as adopted by the Tribunal on 28 July 1994, as subsequently amended ("Directive"), and in particular Articles 11(B), 14 and 16(C) thereof;

NOTING the Code of Professional Conduct for Counsel Appearing Before the International Tribunal (IT/125 REV.1);

NOTING that on 31 March 2004, Bruno Stojic (“Accused”) submitted a power of attorney for Mr. Zeljko Olujic, Attorney at Law from Zagreb, to represent him pursuant to Rule 44 of the Rules;

NOTING that on 6 April 2004, the Accused submitted a statement to the Registry indicating that the Croatian Government had agreed to cover the costs of his defence, and that he did not intend to request legal aid paid for by the Tribunal;

NOTING however, that on 4 November 2004, the Accused submitted a Declaration of Means pursuant to Article 8 of the Directive, requesting the assignment of Mr. Olujic pursuant to Rule 45 of the Rules on the basis that he did not have sufficient means to remunerate counsel;

NOTING the Appeals Chamber’s “Decision on Appeal by Bruno Stojic Against Trial Chamber’s Decision on Request for Appointment of Counsel” of 24 November 2004,¹ in which the Appeals Chamber upheld the Trial Chamber’s finding² that, in view of Mr. Olujic’s current representation of Ivica Rajic, he could not be admitted as counsel to the Accused as the dual representation could lead to a conflict of interest;

CONSIDERING that on 2 February 2005, the Accused submitted a power of attorney appointing Mr. Berislav Živkovic, Attorney at Law from Zagreb, as his counsel pursuant to Rule 44 of the Rules, until such time the Registry assigns permanent counsel to him;

CONSIDERING that on 5 October 2005, the Accused submitted a power of attorney for Mr. Tomislav Kuzmanovic, Attorney at Law from Wisconsin, to represent him as lead counsel;

CONSIDERING that on 5 October, the Deputy Registrar assigned Mr. Kuzmanovic as counsel to the Accused permanently;

CONSIDERING that on 12 October 2005, Mr. Kuzmanovic requested the assignment of Ms. Senka Nozica, Attorney at Law from Bosnia and Herzegovina, as his co-counsel;

CONSIDERING that Ms. Nozica is on the Registry’s list of counsel eligible for assignment to indigent suspects and accused and has agreed to be assigned as co-counsel;

HEREBY DECIDES to assign Ms. Senka Nozica as co-counsel to Mr. Kuzmanovic, effective as of 12 October 2005.

_______________
John Hocking
Deputy Registrar

Dated this 3^rd day of November 2005
At The Hague,
The Netherlands.