IN THE TRIAL CHAMBER
Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge Mohamed Fassi Fihri
Registrar:
Mr. Hans Holthuis
Decision of:
27 April 2001
PROSECUTOR
v.
MOMCILO KRAJISNIK
&
BILJANA PLAVSIC
___________________________________________________________________________
DECISION ON MOTION FROM MOMCILO KRAJISNIK TO PRECLUDE CERTAIN DOCUMENTS DISCLOSED PURSUANT TO RULE 66
___________________________________________________________________________
Office of the Prosecutor:
Mr. Mark Harmon
Mr. Nicola Piacente
Counsel for the Accused:
Mr. Deyan Brashich, for Momcilo Krajisnik
Mr. Robert. J. Pavich, for Biljana Plavsic
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"),
BEING SEISED of the "Krajisnik Defence Motion to Preclude Use of Out of Time Documents Disclosed Pursuant to Rule 66", filed on 9 April 2001 ("the Motion"), in which the accused seeks to have the Office of the Prosecutor ("OTP") precluded from using, tendering or otherwise employing material bearing upon events post 1 January 1993, on the basis that this would be outside the relevant period set out in the Indictment and that consideration of such material would unreasonably burden a Defence with already limited resources;
NOTING the "Prosecution’s Response to Defence Motion to Preclude Use of Certain Documents Disclosed Pursuant to Rule 66" filed by the OTP on 20 April 2001, in which the OTP requests that the Motion be rejected, inter alia, for the following reasons:
CONSIDERING that the OTP is not required to complete Rule 66 disclosure before 22 June 2001 and that it is not required to file its list of exhibits pursuant to Rule 65 ter (E)(v) until 29 June 2001 and that therefore the order sought is premature;
PURSUANT TO RULE 54 OF THE RULES
HEREBY DENIES the Motion.
Done in English and French, the English text being authoritative.
___________________________
Richard May
Presiding
Dated this twenty-seventh day APRIL of 2001
At The Hague
The Netherlands
[Seal of the Tribunal]