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

___________________________________________________________

DECISION ON THE DEFENDANT’S MOTION TO DISMISS

COUNTS 13 & 14 OF THE INDICTMENT

____________________________________________________________

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 Defendant’s 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.

 ___________________________

Florence Ndepele Mwachande Mumba

Presiding Judge

Dated this twenty-ninth day of April 1998

At The Hague

The Netherlands

[Seal of the Tribunal]