Case: IT-98-30/1-A


Judge David Hunt, Pre-Appeal Judge

Mr Hans Holthuis

Order of:
8 May 2003



Miroslav KVOCKA
Mladjo RADIC
Dragoljub PRCAC




Counsel for the Prosecutor:

Mr Christopher Staker

Counsel for the Defence:

Mr Krstan Simic for Miroslav Kvocka
Mr Toma Fila for Mladjo Radic
Mr Slobodan Stojanovic for Zoran Zigic
Mr Jovan Simic for Dragoljub Prcac


I, Judge David Hunt, Pre-Appeal Judge,

NOTING "Zoran Zigicís Second Motion to Present Additional Evidence" filed confidentially on 11 April 2003 ("Zigicís Motion");

NOTING the Scheduling Order of 22 April 2003 in which the Prosecution was ordered to file its Response to Zigicís Motion no later than 12 May 2003;

BEING SEISED of a "Prosecution Motion for an Extension of Time", dated 7 May 2003 ("Prosecutionís Motion"), whereby the Prosecution seeks leave for an extension of time in which to file its Response to Zigicís Motion;

NOTING that the Prosecution says that, in the course of preparing its Response, it discovered a second statement of a witness whose first statement Zigic has submitted as additional evidence pursuant to Rule 115;

NOTING that this statement was immediately disclosed to the Defence;

NOTING that the Prosecution seeks an extension of time in order to afford the Defence a reasonable opportunity to consider whether to submit this second statement as additional evidence pursuant to Rule 115 and, if so, for the Prosecution to be able to respond thereto;

CONSIDERING that Zigic has not given any indication that he would submit this statement pursuant to Rule 115 and that, should he decide to do so, the Prosecution would be given a chance to respond in due course;

CONSIDERING that, in the meantime, the Prosecution is expected to respond to the material already submitted by Zigic within the time frame set by the Scheduling Order of 22 April 2003;

CONSIDERING that good cause has not been shown;

HEREBY DENIES the Prosecutionís Motion.


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

Dated this 8th day of May 2003,
At The Hague,
The Netherlands.

David Hunt
Pre-Appeal Judge

[Seal of the Tribunal]