Case No. IT-99-36-T

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Ivana Janu
Judge Chikako Taya

Registrar:
Mr. Hans Holthuis

Decision of:
15 April 2003

PROSECUTOR
v.
RADOSLAV BRDANIN

____________________________________

DECISION ON DEFENCE MOTION FOR ADDITIONAL ADJOURNMENT

____________________________________

The Office of the Prosecutor:

Ms. Joanna Korner
Mr. Andrew Cayley

Counsel for the Accused:

Mr. John Ackerman

 

TRIAL CHAMBER II ("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 ("Tribunal"):

BEING SEISED OF the confidential Defence "Motion for Additional Adjournment" ("Motion") filed on 9 April 2003, and the confidential and ex parte "Addendum to Defence Motion for Additional Adjournment" ("Addendum") filed on 10 April 2003, in which the Defence:

  1. requests an additional adjournment of the proceedings in the instant case until 19 May 2003 due to the absence of Lead Counsel Mr. Ackerman ("Lead Counsel") for medical reasons, upon which date the trial can resume with Defence Consultant Ms. Baruch temporarily appearing in court for the Accused Radoslav Brdjanin, assisted by Lead Counsel out of court ("Request");
  2. indicates that Lead Counsel will resume his in-court duties on 31 May 2003;

NOTING the "Prosecutionís Response to Motion Entitled ĎMotion for Additional Adjournmentí Filed on 09 April 2003" of 9 April 2003, in which the Prosecution does not object to the Motion;

CONSIDERING the confidential and ex parte Medical Report attached to the Addendum, pursuant to which Lead Counsel will not be able to return to in-court duties until 31 May 2003 due to his health condition;

NOTING the "Decision on Defence Motion for Adjournment" filed on 10 March 2003, which orders an adjournment of the proceedings in the instant case until 14 April 2003, arguing that:

  1. the absence of Lead Counsel does not justify an adjournment of the trial, when there is a Co-Counsel assigned to the case and available to attend trial;
  2. in the current circumstances of the case, where the assignment of Co-Counsel Mr. Trbojevic was withdrawn by a confidential "Decision" of the Registrar, filed on 7 March 2003, and new Co-Counsel must be appointed and who will require a minimum amount of time to familiarize himself or herself with the record of the proceedings, the absence of Lead Counsel does justify an adjournment of the trial;

NOTING the "Confidential Order Relating to Lead Counselís Appeal from Registrarís Confidential Decision of 7 March 2003" rendered by the President of this Tribunal on 1 April 2003, affirming the Registrarís Decision to remove Co-Counsel Mr. Trbojevic from the case and directing the Registrar to assign a new Co-Counsel;

NOTING that to date Co-Counsel has not yet been appointed because the Registrar is still awaiting the documents required before the Co-Counsel suggested by the Lead Counsel can be appointed;

RECALLING that any new Co-Counsel who may be appointed will need a minimum amount of time to become acquainted with the case and its documents;

CONSIDERING however that this Trial Chamber would have preferred to continue the case before the suggested 19 May 2003 date, but in practical terms this is now not possible, also because it has taken longer than expected first to have a name submitted by Lead Counsel and second to appoint a Co-Counsel;

EMPHASIZING that the choice of a Co-Counsel whose name is not on the list drawn up in accordance with Rule 45 (B) of the Rules of Procedure and Evidence ("Rules") may not lead to any further delay;

CONSIDERING that in any case the Prosecution is not objecting to the Motion as it is;

FINDING therefore that in these circumstances it would be in the interests of justice to order an additional adjournment of the instant case for the requested period now being no other options available;

FOR THE FOREGOING REASONS

PURSUANT TO Articles 20 and 21 of the Statute and Rules 44, 45 and 54 of the Rules;

HEREBY GRANTS the Request and ORDERS THAT proceedings in the instant case will resume on Monday, 19 May 2003.

 

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

Dated this 15th day of April 2003,
At The Hague
The Netherlands

_________________
Carmel Agius
Presiding Judge

[Seal of the Tribunal]