Case No IT-02-60/1-A

Prosecutor v Momir Nikolic



NOTING the Statute of the Tribunal as adopted by the Security Council under Resolution 827 (1993), and in particular Article 21;

NOTING the Rules of Procedure and Evidence as adopted by the Tribunal on 11 February 1994, as subsequently amended ("Rules"), and in particular Rules 44 and 45;

CONSIDERING the Directive on Assignment of Defence Counsel, as adopted by the Tribunal on 28 July 1994, as subsequently amended ("Directive"), and in particular Article 19(A)(i);

CONSIDERING that on 7 February 2005, Ms Virginia Lindsay, assigned lead counsel to Mr Momir Nikolic ("Accused") by a decision of the Registrar dated 12 October 2004, submitted a request to withdraw her assignment and recommended Mr Rock Tansey, attorney at law from London as replacement counsel;

NOTING that on 11 February 2005, the Accused requested the assignment of Mr Tansey as lead counsel;

NOTING that on the basis of Article 19(A)(i) of the Directive, the Registrar may withdraw the assignment of counsel at the request of the Accused or counsel if it is in the interest of justice;

CONSIDERING that Ms Lindsay’s reasons to request withdrawal, as set out in her 7 February 2005 letter to the Registry, indicate that a replacement of counsel would be in the interests of justice;

CONSIDERING further that the replacement of Ms Lindsay as counsel would not be detrimental to the representation of the Accused, nor would it unduly delay the appeal proceedings;

NOTING that in accordance with Article 9(D) of the Code of Conduct ("Code") Ms Lindsay is obliged to surrender any papers and property to which the Accused or the Tribunal is entitled;

NOTING that in accordance with Article 13(A) of the Code, Ms Lindsay remains subject to a continuing duty of confidentiality of the Accused’s affairs and shall not reveal to any person, other than to members of the defence team who need such information for the performance of their duties, information which has been entrusted to her in confidence or use such information to the Accused's detriment or to her own or another client's advantage;

NOTING that Mr Tansey is on the Rule 45 list of counsel eligible for assignment as counsel, and is a member of the Association of Defence Counsel;

CONSIDERING that Mr Tansey agreed to replace Ms Lindsay as counsel for the Accused;

DECIDES in light of the foregoing to withdraw the assignment of Ms Virginia Lindsay and to assign Mr Rock Tansey as lead counsel to the Accused, effective as of the date of this decision.


John Hocking,
Deputy Registrar

Dated this 14th day of February 2005
At The Hague,
The Netherlands.