Case: IT-98-30/1-A

IN THE APPEALS CHAMBER

Before:
Judge David Hunt, Pre-Appeal Judge

Registrar:
Mr Hans Holthuis

Order of:
15 May 2003

PROSECUTOR
v
Miroslav KVOCKA
Mladjo RADJIC
Zoran ZIGIC
Dragoljub PRCAC

____________________________

ORDER ON EXTENSION OF TIME

____________________________

Counsel for the Prosecutor:

Mr Christopher Staker

Counsel for the Defence:

Mr Krstan Simic for Miroslav Kvocka
Mr Toma Fila for Mladjo Radjic
Mr Slobodan Stojanovic for Zoran Zigic
Mr Jovan Simic for Dragoljub Prcac

 

I, Judge David Hunt, Pre-Appeal Judge,

NOTING "Zoran Zigicís Second Motion to Present Additional Evidence" filed confidentially on 11 April 2003;

NOTING the "Prosecutionís Response to Zoran Zigicís Second Motion to Present Additional Evidence", dated 9 May 2003 ("Prosecutionís Response");

BEING SEISED of a "Zoran Zigicís Motion for an Extension of Time", dated 14 May 2003 ("Zigicís Motion"), in which Zigic seeks leave for an extension of time to file his reply to the Prosecutionís Response;

NOTING that the Defence claims that it did not receive the Prosecutionís Response until 13 May when the time to file its reply had already expired;

CONSIDERING that the Prosecutionís Response had to be mailed to the Defence because of the continued malfunctioning of counselís facsimile;

NOTING the number of issues raised by the Prosecution in its Response and the size of the material annexed to it;

NOTING that the Prosecution informed the Appeals Chamber orally that it did not object to the extension of time being granted;

NOTING that in its "Prosecution Motion for an Extension of Time", dated 7 May 2003, the Prosecution says that, in the course of preparing its Response, it discovered a second statement of a witness whose first statement Zigic has submitted as additional evidence pursuant to Rule 115;

NOTING that this statement was immediately disclosed to the Defence;1

CONSIDERING that, in his Motion, Zigic says that he is "contemplating an addendum to its Second Motion to present additional evidence due to the Prosecutionís subsequent disclosure of the certain material";2

CONSIDERING that, by Scheduling Order of 17 March 2003, Zigic was ordered to file his Rule 115 motion in relation to all material which had been disclosed to him no later than 11 April 2003;

CONSIDERING that the Appeals Chamber understands Zigicís suggestion in the present motion that he may file an addendum to his second Rule 115 motion to be limited to the one statement referred to above which was disclosed to him after he had filed his second motion for additional evidence;

CONSIDERING that good cause has been shown;

HEREBY GRANT the Motion of the Defence and ORDER it to file its Reply no later than 19 May 2003.

INVITE counsel for Zigic, once again, to make sure that the Registry may easily reach him, either by facsimile or by telephone.

 

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

Dated this 15th day of May 2003,
At The Hague,
The Netherlands.

______________________
David Hunt
Pre-Appeal Judge

[Seal of the Tribunal]


1. Prosecution Motion for an Extension of Time, par 2.
2. Zigicís Motion, par 3.