IN THE APPEALS CHAMBER

Before: Judge David Hunt, Pre-Appeal Judge

Registrar: Mrs Dorothee de Sampayo Garrido-Nijgh

Order of: 3 May 2000

PROSECUTOR

v

Zejnil DELALIC, Zdravko MUCIC (aka "PAVO"), Hazim DELIC
and Esad LANDZO (aka "ZENGA")

_________________________________

SCHEDULING ORDER

_________________________________

Office of the Prosecutor:

Mr Upawansa Yapa
Mr Christopher Staker
Mr Norman Farrell
Mr Roeland Bos

Counsel for the Defence:

Mr John Ackerman for Zejnil Delalic
Mr Tomislav Kuzmanovic and Mr Howard Morrison for Zdravko Mucic
Mr Salih Karabdic and Mr Tom Moran for Hazim Delic
Ms Cynthia Sinatra and Mr Peter Murphy for Esad Landzo

 

I DAVID ANTHONY HUNT, pre-appeal judge in these proceedings;

NOTING the "Defendant Esad Landzo’s Notice of Appeal", filed on 1 December 1998, and the "Brief of Appellant, Esad Landzo, on Appeal Against Conviction and Sentence", filed on 2 July 1998, wherein he sets out his grounds of appeal, which include, inter alia, that his right to a fair and expeditious trial pursuant to Articles 20 and 21 of the Statute of the International Tribunal "were violated when verdict and sentence were rendered by a Trial Chamber whose presiding Judge was permitted to sleep through much of the proceedings" ("Fourth Ground of Appeal");

NOTING the "Order on Appellants Hazim Delic and Zdravko Mucic’s ‘Notice’ Related to Appellants Esad Landzo’s Fourth Ground of Appeal", issued on 31 March 2000, in which the Appeals Chamber gave leave to Mucic and Delic to add an additional ground of appeal pursuant to which they adopted the arguments made by Landzo in relation to the Fourth Ground of Appeal;

NOTING the "Joint Motion of Appellants Zdravko Mucic, Hazim Delic and Esad Landzo to Establish Order of Evidence and Oral Arguments on Appeal", filed on 23 February 2000, in which the moving parties indicated that they propose to call four witnesses to give evidence in relation to the Fourth Ground of Appeal, without identifying what that evidence would be;

NOTING the "Defendant Esad Landzo’s Notice of Appeal", filed on 1 December 1998, and the "Brief of Appellant, Esad Landzo, on Appeal Against Conviction and Sentence", filed on 2 July 1998, wherein he sets out his grounds of appeal, which include, inter alia, that "StChe participation at trial as a member of the Trial Chamber of a Judge ineligible to sit as a Judge of the Tribunal violated Articles 13 and 21 of the Statute of the ICTY, the rules of natural justice, and international law and rendered the trial a nullity" ("Second Ground of Appeal");

NOTING the "Order on Motion of Esad Landzo to Admit as Additional Evidence the Opinion of Francisco Villalobos Brenes", issued by the Appeals Chamber on 14 February 2000 in which the Appeals Chamber ordered that a document described as an "expert opinion" of Mr Francisco Villalobos Brenes, submitted on behalf of Esad Landzo in relation to the Second Ground of Appeal, would be admitted into evidence, and that the Office of the Prosecutor ("Prosecution") was to file a notice indicating whether it wishes to cross examine Mr Villalobos Brenes;

NOTING the "Prosecution Notice Pursuant to the Appeals Chamber’s Order of 14 February 2000" in which the Prosecution gave notice that it wished to "reserve its right to cross-examine Mr. Villalabos Brenes" and advised that it was "undertaking its own research with a view to obtaining an expert opinion on aspects SofC the constitutional law of Costa Rica";

NOTING the "Scheduling Order" issued by the Appeals Chamber in which the hearing of the appeals in this proceedings was scheduled to commence on 5 June 2000;

CONSIDERING that, in accordance with the practice of the Appeals Chamber, it is desirable to have statements of the proposed evidence of any witnesses which the parties intend to call in advance of the hearing;

CONSIDERING that it is also necessary to ascertain prior to the hearing whether the Prosecution wishes to cross-examine Mr Villalobos Brenes in so that, if it is necessary for him to attend the International Tribunal for that purpose, the necessary arrangements may be made;

HEREBY ORDER AS FOLLOWS:

  1. The Prosecution shall file a notice indicating whether it wishes to cross-examine Mr Villalobos Brenes by 5pm on Monday, 15 May 2000;
  2. The parties shall file a list of any witnesses they propose to call, with statements of the proposed evidence of each of those witnesses, by 5pm on Monday, 15 May 2000.

 

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

_________________________
David Hunt
Pre-Appeal Judge

Done this third day of May 2000
At The Hague,
The Netherlands.

[Seal of the Tribunal]