IN THE TRIAL CHAMBER
Before: Judge Florence Ndepele Mwachande Mumba, Presiding
Judge Antonio Cassese
Judge Richard May
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 29 April 1998
PROSECUTOR
v.
ANTO FURUNDZIJA
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DECISION ON THE DEFENDANTS MOTION TO DISMISS
COUNTS 13 & 14 OF THE INDICTMENT
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The Office of the Prosecutor:
Mr. Michael Blaxill
Ms. Patricia Viseur-Sellers
Counsel for the Accused:
Mr. Luka Misetic
THE TRIAL CHAMBER,
BEING SEIZED OF the Defendants Motion to Dismiss Counts 13 & 14 of the Indictment Based on Defects in the Form of the Indictment (Vagueness), Lack of Subject Matter Jurisdiction, and Failure to Establish a Prima Facie Case ("Defence Motion") and a Motion for Leave to File Instanter the Defence Motion, both filed on 6 April 1998,
NOTING that motions on defects in the form of the Indictment are dealt with under Rule 72 (A)(ii) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") and that no leave is required to file such motions,
NOTING ALSO that, as a consequence of the failure of the Office of the Prosecutor ("Prosecution") to file its response to the Defence Motion within 14 days pursuant to the Order of the Trial Chamber of 19 December 1997 and of the further failure of the Prosecution to satisfy the Trial Chamber of a justifiable reason for its delay in so doing, the Trial Chamber has disregarded the Prosecution Response submitted on 22 April 1998,
NOTING that nevertheless the Prosecution was given the opportunity to respond orally in the hearing on the Defence Motion held on 29 April 1998,
CONSIDERING that the Defence Motion raises substantive issues of law which are only suitable for determination at trial,
HEREBY DISMISSES the Defence Motion and refers the parties to the ensuing Scheduling Order.
Done in both English and French, the English text being authoritative.
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Florence Ndepele Mwachande Mumba
Presiding Judge
Dated this twenty-ninth day of April 1998
At The Hague
The Netherlands
[Seal of the Tribunal]