IN TRIAL CHAMBER II

Before:
Judge Wolfgang Schomburg, Presiding
Judge Volodymyr Vassylenko
Judge Carmen Maria Argibay

Registrar:
Mr. Hans Holthuis

Decision of:
28 May 2003

PROSECUTOR
v.
MILOMIR STAKIC

_________________________________________________________________

DECISION ON DEFENCE MOTION TO STRIKE THE PROSECUTIONíS CORRIGENDUM TO THE FINAL BRIEF AND DECISION ON DEFENCE REPLY

_______________________________________________________________

The Office of the Prosecutor:

Ms. Joanna Korner
Mr. Nicholas Koumjian

Counsel for the Accused:

Mr. Branko Lukic
Mr. John Ostojic

 

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 confidential motion from the Defence entitled "Defendant Milomir Stakicís Motion to Strike and Objection to the Prosecutorís Corrigendum to the Final Brief", filed on 26 May 2003 ("Motion") in which it objects to the filing by the Office of the Prosecutor ("Prosecution") of a corrigendum to its final brief as untimely and improper in that it relates to factual matters in this case,

FURTHER NOTING the letter from the Defence dated 22 May 2003 urging that the Defence Reply Brief filed on 12 May 2003 be accepted in full,

CONSIDERING that the Trial Chamber dealt conclusively with the question of the Defence Reply Brief in its memorandum dated 14 May 2003,

CONSIDERING that the Prosecutionís Corrigendum to the Final Trial Brief ("Corrigendum") was filed on 16 May 2003, four days after the final deadline for submissions from either party,

CONSIDERING that only changes in form, rather than substance, may be accepted by the Trial Chamber at this late stage,

HEREBY FINDS that:

(i) in line with its prior ruling dated 17 April 2003, the Trial Chamber will "disregard any arguments relating to factual issues" contained in the Defence Reply Brief,

(ii) only those parts of the Corrigendum relating to corrections to typographical errors will be accepted, whereas all amendments or substitutions of text will not be taken into account.

 

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

___________________
Judge Wolfgang Schomburg
Presiding

Dated this twenty-eighth day of May 2003
At The Hague
The Netherlands

[Seal of the Tribunal]