BEFORE THE TRIAL CHAMBER

Before: Judge Alphons Orie, presiding
Judge Amin El Mahdi
Judge Martín Canivell

Registrar:
Mr. Hans Holthuis

Decision of:
25 February 2004

PROSECUTOR

v.

FATMIR LIMAJ
HARADIN BALA
ISAK MUSLIU

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DECISION ON MUSLIU’S APPLICATION FOR CERTIFICATION TO APPEAL DECISION ON PROSECUTION’S MOTION TO AMEND THE AMENDED INDICTMENT’

___________________________________________________________

Counsel for the Prosecutor:

Mr. Andrew Cayley
Mr. Alex Whiting

Counsel for the accused:

Mr. Michael Mansfield for Fatmir Limaj
Mr. Peter Murphy for Haradin Bala
Mr. Steven Powles for Isak Musliu

TRIAL CHAMBER I, Section B ("the Trial 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 ("the Tribunal");

BEING SEISED of the "Application for Certification from Trial Chamber to Appeal "Decision on Prosecution’s Motion to Amend the Amended Indictment" filed by the Defence for Isak Musliu pursuant to Rule 73 (B) on 20 February 2004 (the "Application for Certification");

NOTING the "Prosecution’s Response to the Accused Musliu’s Application for Certification from Trial Chamber to Appeal "Decision on Prosecution’s Motion to Amend the Amended Indictment" filed on 24 February 2004, whereby the Prosecution generally argues that the Accused Musliu failed to raise "any new arguments that were not fully and fairly considered by the Trial Chamber";¹

NOTING the Trial Chamber’s decision filed on 13 February 2004 granting leave to the Prosecution to amend the Amended Indictment (the "Impugned Decision");

CONSIDERING that pursuant to Rule 73 (B), the Trial Chamber may certify that an interlocutory appeal, from a decision involving an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings, be lodged;

CONSIDERING that the Defence for Isak Musliu submits that the Trial Chamber erred in granting leave to the Prosecution to amend the Amended Indictment against Isak Musliu because the Impugned Decision "will adversely affect the fair and expeditious conduct of the proceedings and that immediate resolution of the matter by the Appeals Chamber will materially advance proceedings";²

FINDING that the Impugned Decision does not involve an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial nor for which, in the opinion of the Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings; that therefore an interlocutory appeal on the Impugned Decision is not appropriate;

PURSUANT to Rule 73 (B);

HEREBY DENIES the Application for Certification.

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

___________
Alphons Orie
Presiding Judge

Dated this 25^th Day of February 2004
At The Hague,
The Netherlands.

[Seal of the Tribunal]