IN THE APPEALS CHAMBER

Before:
Judge Mohamed Shahabuddeen, Presiding
Judge Lal Chand Vohrah
Judge Wang Tieya
Judge Rafael Nieto-Navia
Judge Patrick Robinson

Registrar:
Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of:
2 September 1999

THE PROSECUTOR

v.

ANTO FURUNDZIJA

___________________________________________________________________________

ORDER ON DEFENDANT’S MOTION TO SUPPLEMENT RECORD ON APPEAL

___________________________________________________________________________

The Office of the Prosecutor:

Mr. Upawansa Yapa
Ms. Brenda Hollis
Mr. Norman Farrell

Counsel for the Appellant:

Mr. Luka S. Misetic
Mr. Sheldon Davidson

 

THE APPEALS 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"),

NOTING the Judgement in The Prosecutor v. Anto Furundžija, IT-95-17/1-T, rendered on 10 December 1998;

BEING SEISED OF the "Defendant’s Motion to Supplement Record on Appeal", filed on 28 June 1999 ("Motion");

NOTING the Defendant’s Appellate Brief, filed on 25 June 1999 ("Appellate Brief");

NOTING the "Prosecution’s Response to Defendant’s Motion to Supplement Record on Appeal and Prosecution’s Request for Extension of Time to File Respondent’s Brief", filed on 20 July 1999;

NOTING the confidential "Reply Memorandum in Support of Defendant’s Motion to Supplement Record on Appeal", filed on 23 July 1999;

NOTING the "Order Extending Briefing Schedule", issued on 26 July 1999;

CONSIDERING that Rule 109(A) of the Rules of Procedure and Evidence ("Rules") does not allow for the record on appeal to be supplemented as requested;

CONSIDERING that Rules 115 and 119 of the Rules are not applicable to the material sought to be admitted, which pertains to the Appellant’s ground of appeal concerned with the partiality of a Judge at trial and not with the guilt or innocence of the Appellant;

CONSIDERING THEREFORE that it would be possible for the Appellant to amend the Appellate Brief;

HEREBY GRANTS the Motion to amend the Appellate Brief;

AND ORDERS that:

    1. The Amended Appellate Brief shall be filed by 13 September 1999;
    2. The Respondent’s Brief shall be filed by 27 September 1999;
    3. The Appellant’s Brief in Reply may be filed by 12 October 1999.

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

________________________
Mohamed Shahabuddeen
Presiding

Dated this second day of September 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]