Case No. IT-02-61-S

IN TRIAL CHAMBER II

Before:
Judge Florence Ndepele Mwachande Mumba, Pre-Sentencing Judge

Registrar:
Mr. Hans Holthuis

Decision of:
5 November 2003

PROSECUTOR

v.

MIROSLAV DERONJIC

________________________________

DECISION ON DEFENCE REQUEST TO WITHDRAW MOTION

________________________________

 

The Office of the Prosecutor:

Mr. Jan Wubben
Mr. Jayantha Jayasuriya

Counsel for the Defence in the Oric case:

Ms. Vasvija Vidovic
Mr. John Jones

Counsel for the Defence in the Deronjic case:

Mr. Slobodan Cvijetic
Mr. Slobodan Zecevic

 

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 "Request to Withdraw Defence Motion", filed by the Defence in Prosecutor v. Oric (Case No. IT-03-68-PT), ("Defence Request") on 29 October 2003,

NOTING the "Motion for Access to Confidential Supporting Material, Filings, Transcripts and Exhibits in Prosecutor v. Deronjic (Case No: IT-02-61-PT)," ("Defence Motion"), filed by the Defence in Prosecutor v. Oric on 5 September 2003,

NOTING the "Prosecutionís Request to Defer the Determination on the Motion for Access to Confidential Supporting Material, Filings, Transcripts and Exhibits in Prosecutor v. Miroslav Deronjic, (Case No. IT-02-61-PT)" ("Prosecution Request"), filed by the Prosecution on 17 September 2003,

NOTING the "Prosecutionís Communication Informing About the Progress of the Discussions Between Defence Counsel and the Prosecution in Relation to the Motion for Access to Confidential Material, Filings, Transcripts and Exhibits in Prosecutor v. Miroslav Deronjic (Case No: IT-02-61-PT)," ("Communication"), filed by the Prosecution on 3 October 2003, where the Prosecution informs that the parties have reached an agreement, and that on 2 October 2003 the Prosecution disclosed to the Defence a substantial portion of the requested materials, and informed that it would take steps to disclose the remainder of the materials within three weeks after 3 October 2003,

NOTING the "Decision on Request to Defer Determination on Motion for Access to Confidential Material," of 6 October 2003, in which the Pre-Sentencing Judge granted the Prosecutionís Request and ordered the Prosecution to file a Response to the Defence Motion at the latest on 31 October 2003,

CONSIDERING that an agreement has been reached by the Prosecution and the Defence in Prosecutor v. Oric, on materials for the Prosecution to disclose,

CONSIDERING that the Defence in Prosecutor v. Oric have represented that they are satisfied with the materials received by the Prosecution and seek to withdraw the Defence Motion,

PURSUANT TO Rules 54, 73 and 89 of the Rules of Procedure and Evidence;

HEREBY GRANTS the Request to Withdraw the Defence Motion, and accordingly orders that the Prosecution is no longer required to file a Response to the Defence Motion.

 

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

Dated this 5th day of November 2003,
At The Hague
The Netherlands

_________________
Florence Ndepele Mwachande Mumba
Pre-Sentencing Judge

[Seal of the Tribunal