Case No. IT-04-74-PT
BEFORE THE TRIAL CHAMBER
Before:
Judge Liu Daqun, Presiding
Judge Amin El Mahdi
Judge Alphons Orie
Registrar:
Mr. Hans Holthuis
Decision of:
25 August 2005
PROSECUTOR
v.
JADRANKO PRLIC
BRUNO STOJIC
SLOBODAN PRALJAK
MILIVOJ PETKOVIC
VALENTIN CORIC
BERISLAV PUSIC
_________________________________________________
DECISION ON PROSECUTION’S MOTION FOR EXTENSION OF TIME
_________________________________________________
The Office of the Prosecutor:
Mr. Kenneth Scott
Counsel for the Accused:
Mr. Michael Karnavas for the accused Mr. Jadranko Prlic
Mr. Berislav Zivkovic for the accused Mr. Bruno Stojic
Mr. Bozidar Kovacic for the accused Mr. Slobodan Praljak
Ms. Vesna Alaburic for the accused Mr. Milivoj Petkovic
Mr. Tomislav Jonjic for the accused Mr. Valentin Coric
Mr. Fahrundin Ibrisimovic for the accused Mr. Berislav Pusic
TRIAL CHAMBER I ("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 ("Tribunal");
BEING SEIZED of the "Prosecution Submission Concerning the Trial Chamber’s Order Dated 22 July 2005 and Motion for Extension of time" filed on 4 August 2005 ("Motion") in which the Prosecution seeks an extension of time until 2 September 2005 included to file an amended indictment in this case because it had not been able to fully prepare an amended indictment by the deadline set by the Chamber;
NOTING the Defence "The Accused Milivoj Petkovic’s Response to the Prosecutor’s Submission Concerning the Trial Chamber’s Order Dated 22 July 2005 and Motion for Extension of Time’ filed on 22 August 2005 ("Response");
RECALLING the Chamber’s "Decision on Defence Preliminary Motions Alleging Defect in the Form of the Indictment" filed on 22 July 2005 ("Decision") and directing the Prosecution to amend the indictment in this case within two weeks following the date of the Decision;
NOTING that Rule 127 of the Rules of Procedure and Evidence states that a Chamber may on good cause being shown by motion enlarge any time prescribed by these Rules;
CONSIDERING that good cause must also be shown to extend any time directed by the Chamber;
CONSIDERING that the Prosecution explains that additional time to conduct extensive efforts to research various items is required and that the ensuing "amendments will in no substantial way affect the crimes or theories of responsibility charged in this case, so that nothing about the anticipated changes prevents the Accused in any way from going forward with or continuing their preparation";1
PURSUANT to Rules 53 and 127 of the Rules;
HEREBY GRANTS the Motion and
ORDERS the Prosecution to file its amended Indictment on Monday, 5 September 2005.
Done in both English and French, the English text being authoritative.
Dated this 25th Day of August 2005,
At The Hague
The Netherlands
___________________________
Judge Liu Daqun
Presiding
[Seal of the Tribunal]