Decision on Post-trial Application by Anto Furundzija to the Bureau of the Tribunal for the Disqualification of Presiding Judge Mumba, Motion to Vacate Conviction and Sentence, and Motion for a new Trial

IN THE BUREAU

Before: President Gabrielle Kirk McDonald

Judge Claude Jorda, Presiding Judge of Trial Chamber I

Judge Almiro Rodrigues

Judge David Hunt

Judge Mohamed Bennouna

Registrar: Mrs Dorothee de Sampayo Garrido-Nijgh

Decision of: 11 March 1999

PROSECUTOR

v

ANTO FURUNDZIJA

________________________________________________

DECISION ON POST-TRIAL APPLICATION BY ANTO FURUNDZIJA TO THE
BUREAU OF THE TRIBUNAL FOR THE DISQUALIFICATION
OF PRESIDING JUDGE MUMBA, MOTION TO VACATE
CONVICTION AND SENTENCE, AND MOTION FOR A NEW TRIAL

________________________________________________

The Office of the Prosecutor:

Mr Michael Blaxill
Ms Brenda Hollis
Mrs Patricia Viseur Sellers

Counsel for the Accused:

Mr Luka S Misetic
Mr Sheldon Davidson

THE BUREAU 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 ("International Tribunal"), reconstituted pursuant to Rule 23(D) of the International Tribunal’s Rules of Procedure and Evidence ("Rules"),

NOTING the Post-Trial Application made by Anto Furundzija ("Applicant") to the Bureau of the Tribunal ("Bureau") for the Disqualification of Presiding Judge Mumba ("Application") and the Applicant’s Motions to Vacate Conviction and Sentence, and for a New Trial ("Motions"),

FURTHER NOTING that the Applicant had stood trial before Trial Chamber II of which Judge Mumba was a member ("trial"), that the trial had concluded and Judgement was given prior to any application being made for Judge Mumba’s disqualification, and that the Judgement is the subject of an appeal to the Appeals Chamber of the International Tribunal,

CONSIDERING that Rule 15(B) of the Rules, so far as it relates to the disqualification of a judge of a Trial Chamber, applies only to an application for disqualification made during the course of the trial and up to the time when Judgement is given,

FURTHER CONSIDERING that the issue of whether Judge Mumba should have disqualified herself for the purposes of the Applicant’s trial (upon which issue the Bureau expresses no opinion), would be relevant to the fairness of that trial,

FURTHER CONSIDERING that the resolution of the issue as to whether the trial was a fair one is not an issue which the Bureau has competence to decide,

HEREBY, without considering the merits of the Application or of the Motions, dismisses them upon the basis that they do not fall within the competence of the Bureau.

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

_____________________________

Gabrielle Kirk McDonald

President

Dated this 11^th day of March 1999

At The Hague

The Netherlands

[Seal of the Tribunal]