Case: IT-01-43-PT
IT-98-33/1-PT
IT-01-44-PT

IN THE TRIAL CHAMBER

Before:
Judge David Hunt, Presiding Judge
Judge Florence Mumba
Judge Liu Daqun

Registrar:
Mr Hans Holthuis

Decision of:
4 October 2001

Prosecutor v Dragan OBRENOVIC

Prosecutor v Vidoje BLAGOJEVIC

Prosecutor v Dragan JOKIC

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ORDER GRANTING AN EXTENSION OF TIME

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The Office of the Prosecutor:

Mr Peter McCloskey
Mr Mark Vlasic
Ms Janet Stewart

Counsel for accused

Mr David Wilson for Dragan Obrenovic
Mr Michael G Karnavas for Vidoje Blagojevic
Mr Miodrag Stojanovic for Dragan Jokic

 

I Judge David Hunt, Pre-Trial Judge,

NOTING the "Prosecutionís Motion for Joinder" ("Motion") filed on 11 September 2001 and the order of the President of 14 September 2001 assigning the Motion to Trial Chamber II for determination;

NOTING the "Scheduling Order" ("Order") issued by the Pre-Trial Judge on 18 September 2001 ordering that the accused Dragan Obrenovic ("Obrenovic") ,Vidoje Blagojevic ("Blagojevic") and Dragan Jokic ("Jokic") file within 14 days of the date of the Order a response to the Motion of the prosecution;

NOTING the "Accusedís Request for Extension of Time to File an Opposition to Prosecutorís Motion for Joinder" ("Request") filed by Counsel for the accused Blagojevic on 27 September 2001 seeking an extension of time of 60 days from the time of full disclosure by the Prosecutor pursuant to Rule 66 of the Rules of Procedure and Evidence ("Rules");

NOTING the "Prosecution Reply to Accusedís Request for Extension of Time to File An Opposition to Prosecutorís Motion for Joinder" ("Reply") filed on 2 October 2001 in which the Prosecutor objects to the extension of time sought on the basis that the Request is "misleading" as the Prosecutor has met and exceeded her disclosure requirements pursuant to Rule 66 (A) (i);

NOTING FURTHER that the Prosecutor does not object to the granting of an extension of time to Blagojevic of 30 days from 17 September 2001;

NOTING FURTHER that Jokic has only recently retained trial counsel to appear for him;

NOTING FURTHER the "Accused Obrenovicís Opposition to Motion for Joinder" ("Opposition") filed by Counsel for Obrenovic on 2 October 2001 in which Obrenovic seeks permission to file a supplemental memorandum on the issue of joinder no later than the final date set by the Tribunal for the filing of oppositions to joinder by Blagojevic and Jokic;

CONSIDERING that good cause has been shown for an extension of the time in which all three accused have to respond,

BUT CONSIDERING that the Request by Blagojevic proceeds upon a mistaken basis as to the nature of the issue to be determined by the Motion, and that the time sought by him in which to respond to the Motion is excessive and unjustified;

PURSUANT TO Rule 65 bis of the Rules;

HEREBY ORDERS:

  1. That Blagojevic and Jokic are granted an extension of time of 30 days from the date of this Order to respond to the Prosecutorís Motion.
  2. That Obrenovic is granted an extension of 30 days from the date of this Order to file a supplementary memorandum to the accused Obrenovicís Opposition to the Motion.

 

Dated this 4th day of October 2001,
At The Hague,
The Netherlands.

______________________
Judge David Hunt
Pre-Trial Judge

[Seal of the Tribunal]