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 DEFENDANTS 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 Furundija, IT-95-17/1-T, rendered on 10 December 1998;
BEING SEISED OF the "Defendants Motion to Supplement Record on Appeal", filed on 28 June 1999 ("Motion");
NOTING the Defendants Appellate Brief, filed on 25 June 1999 ("Appellate Brief");
NOTING the "Prosecutions Response to Defendants Motion to Supplement Record on Appeal and Prosecutions Request for Extension of Time to File Respondents Brief", filed on 20 July 1999;
NOTING the confidential "Reply Memorandum in Support of Defendants 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 Appellants 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:
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]