IN THE TRIAL CHAMBER

Before: Judge Antonio Cassese, Presiding

Judge Richard May

Judge Florence Ndepele Mwachande Mumba

Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh

Order of: 13 February 1998

PROSECUTOR

v.

ZORAN KUPRESKIC
MIRJAN KUPRESKIC
VLATKO KUPRESKIC
VLADIMIR SANTIC also known as "VLADO"
DRAGO JOSIPOVIC
DRAGAN PAPIC

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SCHEDULING ORDER

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The Office of the Prosecutor:

Mr. Mark Harmon
Mr. Terree Bowers
Mr. Michael Blaxill

Counsel for the Accused:

Mr. Ranko Radovic, for Zoran Kupreskic
Ms. Jadranka Slokovic Glumac, for Mirjan Kupreskic
Mr. Borislav Krajina and Mr Zelimir Par, for Vlatko Kupreskic
Mr. Petar Pavkovic, for Vladimir Santic
Mr. Luko Susak, for Drago Josipovic
Mr. Petar Puliselic, for Dragan Papic

 

THE TRIAL CHAMBER, proprio motu,

NOTING the Prosecutor’s Motion For Leave To Amend the Indictment filed on 9 February 1998 ("the Motion"), pursuant to Rule 50 of the Rules of Procedure and Evidence of the International Tribunal ("Rules"),

NOTING that the Office of the Prosecutor ("Prosecution") has stated in the Motion that the Prosecution does not intend to provide the supporting materials for the additional counts in respect of which leave to amend is sought to the Defence unless and until the amendment is granted,

NOTING that the Defence has until Monday 23 February 1998 to file its response to the Motion,

CONSIDERING that it is essential for the Defence to review those materials in order to be able to respond fully to the Motion,

CONSIDERING also that, in another case, the supporting material accompanying an application for leave to amend an indictment pursuant to Rule 50 has been supplied to the Defence without objection,

NOTING FURTHER that the Prosecution seeks to withdraw certain of the charges contained in the original indictment confirmed by Judge McDonald on 11 November 1995,

CONSIDERING that, in order to determine the Motion, it is necessary for the Trial Chamber to examine the supporting materials presented to the confirming Judge, so as to understand and be fully informed as to the reasons why the Prosecution wishes to withdraw these charges, such materials having already been provided to the Defence,

PURSUANT to Rule 54 of the Rules

 

HEREBY ORDERS AS FOLLOWS:

  1. The Registry shall immediately release to the Defence the supporting material filed in connection with the additional counts for which leave to amend is sought;
  2. The Defence has until Monday 2 March 1998 to file its response to the Motion;
  3. The Prosecution shall provide the Trial Chamber, no later than Thursday 19 February 1998, with copies of the supporting material presented to Judge McDonald in support of the charges to be withdrawn;
  4. The Trial Chamber will hear oral argument on the Motion on Tuesday 10 March 1998 at 10 a.m.

 

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

 _________________________

Antonio Cassese

Presiding Judge

Dated this thirteenth day of February 1998

At The Hague

The Netherlands

[Seal of the Tribunal]