Case No. IT-95-14-R77.3

Prosecutor v. Domagoj Margetic

DECISION

THE DEPUTY REGISTRAR,

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

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

NOTING the indictment against Mr Domagoj Margetic ("Accused") and Mr Stjepan Seselj filed on 10 February 2005 and confirmed by Judge Alphons Orie on 26 April 2005, charging the Accused with contempt of the Tribunal pursuant to Rule 77(A)(ii) of the Rules;

CONSIDERING that on 12 May 2005, the Accused executed a power of attorney authorizing Mr Zeljko Dumančic to act on his behalf in proceedings before the Tribunal and that Mr Dumančic represented the Accused at his initial appearance on 14 June 2005;

NOTING that Mr Dumancic fulfilled the qualification requirements for admission as counsel pursuant to Rule 44 of the Rules with the exception of the language requirement, as such it was incumbent upon the Accused to demonstrate that pursuant to Rule 44(B) of the Rules it was in the interests of justice for the Registry to admit Mr Dumančic as his counsel, and the Accused failed to do so;

CONSIDERING therefore that Mr Dumancic was not admitted as counsel to the Accused pursuant to Rule 44 of the Rules;

CONSIDERING that a declaration from the Accused in which he revoked the power of attorney executed on Mr Dumancicís behalf and stated that he would represent himself before the Tribunal was filed on 28 September 2005;

CONSIDERING however that the Accused changed his position on this matter, and as such, on 19 October 2005, submitted to the Registry a power of attorney authorizing Mr Niko Duric to represent him in proceedings before the Tribunal;

CONSIDERING that Mr Duric fulfills the qualification requirements enumerated in Rule 44 of the Rules;

NOTING Mr Duricís obligations under the Statute, the Rules (in particular Rule 44(C)) and the Code of Professional Conduct for Defence Counsel Appearing before the International Tribunal;

HEREBY DECIDES pursuant to Rule 44 of the Rules, to admit Mr Duric to represent the Accused before the Tribunal, in case no. IT-95-14-R77.3.

 

_______________
John Hocking
Deputy Registrar

Dated this 26th day of October 2005
At The Hague,
The Netherlands.