IN THE TRIAL CHAMBER
Before: Judge Adolphus G. Karibi-Whyte, Presiding
Judge Elizabeth Odio Benito
Judge Saad Saood Jan
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Order of: 2 May 1997
ZDRAVKO MUCIC also known as "PAVO"
ESAD LANDZO also known as "ZENGA"
ORDER ON REQUEST FOR WITHDRAWAL OF COUNSEL
The Office of the Prosecutor
Mr. Eric Ostberg Mr. Guiliano Turone
Ms. Teresa McHenry Ms. Elles van Duschotten
Counsel for the Accused
Ms. Edina Residovic, Mr Ekrem Galiatovic, Mr. Eugene OSullivan, for Zejnil Delalic
Mr. Branislav Tapuskovic, Mr. Micheal Greaves for Zdravko Mucic
Mr. Salih Karabdic, Mr. Thomas Moran, for Hazim Delic
Mr. Mustafa Brackovic, Ms. Cynthia McMurrey, for Esad Landzo
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 a written request by Zdravko Mucic ("the accused") for withdrawal of the lead counsel for his defence, Mr. Branislav Tapuskovic, dated 18 March 1997 ("the Request");
CONSIDERING that the accused has a right, guaranteed by Article 21(4)(d) of the Statute of the International Tribunal ("the Statute"), to defend himself in person or through legal assistance of his choosing;
NOTING HOWEVER that in accordance with the provisions of Article 21 of the Directive on Assignment of Defence Counsel ("Directive") Mr. Branislav Tapuskovic cannot be withdrawn as lead counsel for the accused until a suitable replacement is found;
NOTING FURTHER information provided to the Trial Chamber by Mr. Branislav Tapuskovic that he would be willing to withdraw as lead counsel for the accused should suitable replacement counsel be found;
NOTING that the accused has by a written communication to the Registrar dated 28 April 1997 requested the appointment of Mr. Zeljko Olujic as counsel for his defence;
CONSIDERING THEREFORE that it appears that the defence of the accused will not be unduly prejudiced by the withdrawal of Mr. Branislav Tapuskovic as lead counsel;
TAKING INTO ACCOUNT the provisions of Article 21 of the Statute and Rule 45 of the Rules of Procedure and Evidence ("Rules");
THE TRIAL CHAMBER HEREBY ORDERS AS FOLLOWS:
PURSUANT TO ARTICLES 20 AND 21 OF THE DIRECTIVE, GRANTS the Request and directs the Registrar to immediately take the appropriate steps to secure the services of Mr. Zeljko Olujic. Mr. Branislav Tapuskovic will be deemed to have withdrawn from his position as lead counsel upon the appointment of Mr. Zeljko Olujic.
Done in both English and French, the English text being authoritative.
Adolphus Godwin Karibi-Whyte
Dated this second day of May 1997
At the Hague
[Seal of the Tribunal]