Case No. IT-05-88-PT

IN TRIAL CHAMBER II

The Office of the Prosecutor:

Mr. Peter McCloskey

Counsel for the Accused:

Zoran Zivanovic for Vujadin Popovic
John Ostojic for Ljubisa Beara
Jelena Nikolic and Stéphane Bourgon for Drago Nikolic
Alexander Lazarevic and Miodrag Stojanovic for Ljubomir Borovcanin
Natacha Fauveau Ivanovic for Radivoje Miletic
Dragan Krgovic for Milan Gvero
Djordje Sarapa for Vinko Pandurevic
Colleen Rohan and Vesna Janjic for Milorad Trbic

I, Carmel Agius, Judge 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 ("Chamber");

HAVING DESIGNATED MYSELF pre-trial Judge in the case of Prosecutor v. Vujadin Popovic, Ljubisa Beara, Drago Nikolic, Ljubomir Borovcanin, Zdravko Tolimir, Radivoje Miletic, Milan Gvero, Vinko Pandurevic and Milorad Trbic, Case No. IT-05-88-PT;¹

BEING SEISED OF "Vinko Pandurevic’s Request for Prescribing the Time Limit for the Defence to Notify the Prosecutor of its Intent to Offer the Defence of Alibi", filed by Counsel for Vinko Pandurevic (respectively "Defence" and "Accused") on 31 January 2006 ("Request"), in which the Accused requests that the Trial Chamber or pre-trial Judge prescribe a time limit pursuant to Rule 67(A)(i)(a) of the Rules of Procedure and Evidence ("Rules") by which the Defence will notify the Prosecutor if its intent to offer the defence of alibi;

NOTING Rule 67(A) of the Rules, which provides, inter alia, that the Trial Chamber or pre-trial Judge may set a time-limit by which the defence shall notify the Prosecutor of its intent to offer either (a) the defence of alibi; (…) or (b) any special defence, including that of diminished or lack of mental responsibility; (…);

CONSIDERING that it would be useful, for a proper preparation of the case for trial, that such a notification would come at the earliest possible moment, in order for all parties involved to prepare itself for any such defences;

CONSIDERING furthermore, that it would be useful if not only the Accused Pandurevic would file such a notification within a time-limit to be set, but that all accused in the present case would file such a notification, if they intend to do so, within the same time-limit;

PURSUANT to Rule 67 of the Rules;

HEREBY ORDERS that all accused in the present case shall notify the Prosecutor of its intent to offer a defence of alibi, pursuant to Rule 67(A)(i)(a), or any special defence, pursuant to Rule 67(A)(i)(b), before Friday 3 March 2006.

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

Dated this eight day of February 2006,
At The Hague
The Netherlands

____________________
Judge Carmel Agius
Pre-trial Judge

[Seal of the Tribunal]