Case No. IT-01-48-T

IN TRIAL CHAMBER I, SECTION A

Before:
Judge Liu Daqun, Presiding
Judge Florence Mumba
Judge Amin El Mahdi

Registrar:
Mr. Hans Holthuis

Decision of:
13 June 2005

PROSECUTOR

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DECISION ON DEFENCE MOTION FOR POSTPONEMENT OF START OF DEFENCE AND OTHER DEADLINES

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The Office of the Prosecutor:

Mr. Philip Weiner
Ms. Sureta Chana
Mr. David Re
Mr. Manoj Sachdeva

Counsel for the Accused:

Mr. Peter Morrissey
Mr. Guénaël Mettraux

TRIAL CHAMBER I, SECTION A, ("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 "Motion for Postponement of Start of Defence and Other Deadlines", filed by the Defence on 13 June 2005 ("Motion"), in which the Defence requests that it be allowed to file its list of witnesses and its list of exhibits pursuant to Rule 65 ter of the Rules of Procedure and Evidence ("Rules") on 17 June 2005; that the Pre-Defence Conference be postponed until 23 June 2005 and that the start of the Defence case be postponed until 24 June 2005;

NOTING the Oral Scheduling Order of the Trial Chamber on 2 June 2005, in which the Trial Chamber ordered the Defence to file its list of witnesses and its list of exhibits pursuant to Rule 65 ter on 13 June 2005; the Pre-Defence conference to take place on 17 June 2005; and the Defence case to start on 20 June 2005;

CONSIDERING that in the Motion the Defence requests additional time to prepare its case, submitting that it is "currently in the process of interviewing potential Defence witnesses, many of whom live in various parts of Bosnia and some of them abroad, and is carrying other investigative matters;" and it "is currently in the process of shortening its case and would greatly benefit from a short delay in its effort to do so;"

CONSIDERING that pursuant to Article 21 of the Statute of the Tribunal ("Statute") the Accused is entitled to have adequate time and facilities for the preparation of his defence;

PURSUANT TO Rule 54 of the Rules,

HEREBY GRANTS the Defence Motion and ORDERS:

1) the Defence to file its list of witnesses and its list of exhibits pursuant to Rule 65 ter of the Rules no later than 17 June 2005;

2) a 65 ter meeting shall be held on 22 June 2005 at 14.00 hours, in Room 177;

3) pursuant to Rule 73 ter of the Rules a Pre-Defence Conference shall take place on 23 June 2005 at 14.15 hours in Courtroom III in the presence of the Accused;

4) the trial proceedings shall continue on 24 June 2004 at 09.00 hours, with the opening Statement of the Defence, as provided for in Rule 84;

5) the presentation of the evidence for the defence will commence on 27 June 2005;

HEREBY NOTIFIES the Parties that the Trial Chamber may choose to make use of the possibility to delay its summer recess and to hold trial sessions in the week of 25 July 2005, should the presentation of evidence by the Defence require so;

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

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Judge Liu Daqun
Presiding

Dated this thirteenth day of June 2005,
At The Hague,
The Netherlands

[Seal of the Tribunal]