Case No.: IT-02-54-T
IN THE TRIAL CHAMBER
Before:
Judge Patrick Robinson, Presiding
Judge O-Gon Kwon
Judge Iain Bonomy
Registrar:
Mr. Hans Holthuis
Order of:
8 April 2005
PROSECUTOR
v.
SLOBODAN MILOSEVIC
_________________________________________
ORDER ON PROSECUTION MOTION ON THE RECORDING OF THE USE OF TIME DURING THE DEFENCE CASE
_________________________________________
Office of the Prosecutor:
Ms. Carla Del Ponte
Mr. Geoffrey Nice
The Accused:
Mr. Slobodan Milosevic
Court Assigned Counsel:
Mr. Steven Kay
Ms. Gillian Higgins
Amicus Curiae:
Prof. Timothy McCormack
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 "Prosecution Motion on the Recording of the use of Time During the Defence Case", filed on 31 March 2005 ("Motion"), in which it seeks the following relief:
HAVING ISSUED an "Order Re-Scheduling and Setting the Time Available to Present the Defence Case" on 25 February 2004, in which the Trial Chamber noted that "the Accused should have the same time as the Prosecution had to present his (the Accused[’s]) case in chief", and set out the following calculation of time available to him:
NOTING the Trial Chamber’s "Order Recording Use of Time Used in The Defence Case" issued on 1 March 2005 ("First Order"), and "Second Order Recording Use of Time in The Defence Case" issued on 23 March 2005 ("Second Order"), in which the Trial Chamber noted the time used at the conclusion of court on 24 January and 10 March 2005 respectively,
CONSIDERING that, as stated in the Motion itself, the Prosecution was unable to verify fully the detail of its own calculations,
CONSIDERING that the purpose of the Status Conference is to review the progress of the Defence case and that it is not appropriate for the matters raised in the Motion to be discussed at the Status Conference,
CONSIDERING that the matters raised in the Motion should be set out in writing once the Prosecution has verified its own understanding of the calculations it says it is not currently in a position to accept,
PURSUANT to Rule 54 of the Rules of Procedure and Evidence of the International Tribunal,
HEREBY ORDERS Prosecution to make any submissions it wishes to make on the recording of time or methods for calculating the use of time in the Defence case in writing.
Done in both English and French, the English text being authoritative.
______________
Judge Robinson
Presiding
Dated this eighth day of April 2005
At The Hague
The Netherlands
[Seal of the Tribunal]