Counsel for the Accused Dario Kordic:

Mr. Mitko Naumovski
Mr. Turner T. Smith, Jr.
Mr. David Geneson
Mr. Robert Stein

The Bench of the Appeals 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,

BEING SEIZED OF "Dario Kordic’s Precautionary Application for Leave to Pursue an Interlocutory Appeal of the Trial Chamber’s ‘Scheduling Order’ of 18 June 1999", filed on 25 June 1999 ("the Application"),

NOTING "Defendant Mario Cerkez’s Notice of Joinder in Defendant Dario Kordic’s Precautionary Application for Leave to Pursue an Interlocutory Appeal of the Trial Chamber’s ‘Scheduling Order’ of 18 June 1999", filed on 25 June 1999,

NOTING the Scheduling Order of Trial Chamber III, filed on 18 June 1999 ("the Scheduling Order"), ordering the Defence for both defendants ("the Defence") to file by 5 July 1999 a written response stating (a) what material in the Tulica Dossier and the Investigator’s Report is not in dispute and (b) what material in the aforementioned Dossier and Report is in dispute and the grounds upon which it is disputed,

NOTING the Prosecutor’s Response to the Application, filed on 1 July 1999,

CONSIDERING that the Application is brought under Rule 73 (B) of the Rules of Procedure and Evidence, which provides:

Decisions on such motions are without interlocutory appeal save with the leave of a bench of three Judges of the Appeals Chamber which may grant such leave

(i) if the decision impugned would cause such prejudice to the case of the party seeking leave as could not be cured by the final disposal of the trial including post-judgement appeals; or

(ii) if the issue in the proposed appeal is of general importance to proceedings before the Tribunal or in international law generally.

CONSIDERING that the Application has expressed that the Defence will comply with the Scheduling Order, according to its own interpretation thereof,

CONSIDERING that the Application has not shown that prejudice has been caused to the case of the Defence by implementing the Scheduling Order,

CONSIDERING that the Scheduling Order has ordered a hearing for 12 July in relation to the Tulica Dossier and the Investigator’s Report,

CONSIDERING that there is no issue of general importance that has arisen at this stage,

HEREBY DECIDES, UNANIMOUSLY, to deny leave to appeal.

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

________________
Wang Tieya
Presiding Judge

Dated this twelfth day of July 1999
At The Hague,
The Netherlands.

[Seal of the Tribunal]