IN THE TRIAL CHAMBER
Before: Judge Florence Ndepele Mwachande Mumba, Presiding
Judge Antonio Cassese
Judge Richard May
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of: 22 May 1998
PROSECUTOR
v.
ANTO FURUNDZIJA
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SCHEDULING ORDER
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The Office of the Prosecutor:
Mr. Mark Harmon
Mr. Terree Bowers
Mr. Michael Blaxill
Ms. Patricia Viseur-Sellers
Counsel for the Accused:
Mr. Luka Misetic
THIS 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 ("International Tribunal");
CONSIDERING that the trial of Anto Furundzija is scheduled to commence on 8 June 1998;
RECALLING the history of these proceedings;
CONSIDERING that the Trial Chamber has to ensure that the accused has adequate time and facilities for the preparation of his defence pursuant to Article 21(4)(b) of the Statute of the International Tribunal;
NOTING that Rule 72 of the Rules of Procedure and Evidence of the International Tribunal ("Rules of Procedure and Evidence") enables the parties to raise matters requiring determination by the Trial Chamber before the commencement of trial, the resolution of which is vital in order to try the accused in a fair and expeditious manner;
CONSIDERING that in the "Defendants Response to the Trial Chambers Order of 29 April 1998" filed on 15 May 1998 (Official Record at Registry Page ("RP") D762-D764) the Defence indicated its preparedness and willingness to proceed to trial on 8 June 1998, however, without waiving its right pursuant to Rule 72 of the Rules of Procedure and Evidence to file pre-trial motions within sixty days of disclosure by the Prosecutor of all material and statements referred to in Rule 66(A);
CONSIDERING ALSO the "Defendants Supplemental Response to the Trial Chambers Order of 29 April 1998" ("Supplemental Response") dated 15 May 1998 but received and filed by the Registry on 22 May 1998 (RP D779-D780);
CONSIDERING FURTHER that in the Supplemental Response the Defence, in view of its unwillingness to waive its right to file motions under Rule 72 and its eagerness to proceed to trial on 8 June 1998, has agreed to file all such motions by 22 May 1998 on condition that the Prosecution file its responses by 27 May 1998;
HEREBY ORDERS the Prosecution to reply to any and all such motions filed by the Defence in accordance with the Supplemental Motion by 27 May 1998, it being understood by the Parties that the Trial Chamber may call for oral submissions on the motions and take any steps that may be necessary in the interests of justice.
Done in both English and French, the English text being authoritative.
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Florence Ndepele Mwachande Mumba
Presiding Judge
Dated this 22nd day of May 1998
At The Hague,
The Netherlands.
[Seal of the Tribunal]