IN TRIAL CHAMBER II

Before: Judge David Hunt, Presiding

Registrar: Mr Hans Holthuis

Decision of: 8 October 2001

PROSECUTOR

v

Dragan NIKOLIC

____________________________________

SCHEDULING ORDER

____________________________________

The Office of the Prosecutor:

Mr Dirk Ryneld
Mr Bill Smith

Counsel for accused

Mr Howard Morrison QC

I, Judge David Hunt, Pre-Trial Judge,

NOTING the "Motion for Relief Based Inter Alia Upon Illegality of Arrest Following Upon the Prior Unlawful Kidnapping and Imprisonment of the Accused and Co-Related Abuse of Process Within the Contemplation of Discretionary Jurisdictional Relief Under Rule 72" ("Defence Motion") filed by Counsel for the accused Dragan Nikolic (“Nikolic”) on 17 May 2001;

NOTING the "Prosecutor’s Response to ‘Defence Motion for Relief Based Inter Alia Upon Illegality of Arrest Following Upon the Prior Unlawful Kidnapping and Imprisonment of the Accused and Co-Related Abuse of Process Within the Contemplation of Discretionary Jurisdictional Relief Under Rule 72’"("Response") filed by the Prosecutor on 31 May 2001;

NOTING the "Direction" issued by the Trial Chamber on 6 July 2001 directing the parties to indicate an agreed preliminary issue which the Trial Chamber could determine in relation to the Defence Motion concerning the circumstances of his arrest;

NOTING the Status Conference of 29 August 2001 and the advice of the parties after that Status Conference that an agreement had been reached on the preliminary issue to be decided and that a fresh motion would be filed;

CONSIDERING that no time limit was imposed by the Trial Chamber for the filing by the Defence of a fresh motion on the preliminary issue;

CONSIDERING that the Defence have not yet filed a fresh motion to have the agreed preliminary issue decided;

PURSUANT TO Rule 65 ter of the Rules;

HEREBY ORDER THAT:

1. The Defence are to file on or before 29 October 2001 a fresh motion on the preliminary issue to be decided as was agreed between the parties.
2. The Prosecutor is to file on or before 12 November 2001 the Prosecutor’s response to the Defence motion.
3. Any reply to any new issue which may be raised in the Prosecutor’s response is to be filed within 7 days of the Prosecutor’s filing of the response.

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

Dated this 8^th day of October 2001,
At The Hague,
The Netherlands.

______________________
Judge David Hunt
Pre-Trial Judge

[Seal of the Tribunal]