IN TRIAL CHAMBER II

Before: Judge David Hunt, Pre-Trial Judge

Registrar: Mrs Dorothee de Sampayo Garrido-Nijgh

Order of: 29 May 2000

PROSECUTOR

v.

RADOSLAV BRÐANIN
MOMIR TALIC

___________________________________

SCHEDULING ORDER

___________________________________

The Office of the Prosecutor:

Ms Joanna Korner
Mr Michael Keegan
Ms Anne Sutherland

Counsel for the Accused:

Mr John Ackerman for Radoslav Brdanin
Maître Xavier de Roux, Maître Michel Pitron for Momir Talic

 

I, Judge David Hunt, Pre-Trial Judge in this case;

NOTING the "Motion for the Provisional Release of Radoslav Brdanin" filed by counsel for Radoslav Brdanin (“Brdanin”) on 28 April 2000 (“Provisional Release Motion”) pursuant to which Brdanin seeks provisional release pursuant to Rule 65(B) of the Rules of Procedure and Evidence (“Rules");

NOTING the request made by counsel for Brdanin in the Provisional Release Motion to call witnesses in relation to the motion;

NOTING Order (1) of the Scheduling Order issued on 26 May 2000 by which the Pre-Trial Judge ordered that counsel for Brdanin, by 4 pm on Thursday 1 June 2000, file statements of the witnesses he wishes to call in relation to the Provisional Release Motion ("Witness Statements");

NOTING the “Motion for Extension of Time” filed by counsel for Brdanin on 26 May 2000 (“Motion”) in which he seeks an extension of time to Thursday 15 June 2000 in which to obtain and provide the Witness Statements;

NOTING that the reason provided for the request for further time to comply with the Order (1) of the Scheduling Order is that to comply with the order it is necessary for counsel for Brdanin to have the assistance of his assigned investigator and legal assistant, and that under a new Registry directive on remuneration of assigned counsel and support staff, which limits the number of hours that assigned counsel and support staff may work in each calendar month, his investigator and legal assistant have reached their maximum allotted hours for the month of May 2000;

NOTING the letter of the Deputy Registrar of the International Tribunal to all assigned counsel, dated 7 April 2000, which announced the implementation of a new system of remuneration of assigned defence counsel and support staff from 1 May 2000, which indicates that the remuneration of assigned counsel and staff is limited to a defined number of working hours per calendar month;

NOTING the “Prosecution’s Response to ‘Motion for Extension of Time’ Filed by Counsel for Radoslav Brdanin” filed by the Office of the Prosecutor (“Prosecution”) on 29 May 2000 in which the Prosecution states that its proper stance is one of neutrality;

CONSIDERING that if, due to the operation of the system of remuneration for assigned defence counsel and support staff, counsel for Brdanin and his support staff are unable to undertake the work necessary to comply with Order (1) of the Scheduling Order, this is a compelling reason for the grant of an extension of time;

CONSIDERING that should witness statements be filed on behalf of Brdanin it will be necessary to permit the Prosecution to make further submissions in relation to the Motion;

HEREBY ORDER that

  1. Order (1) of the Scheduling Order of 26 May 2000 be varied to extend the time for the filing of Witness Statements to 4 pm on 15 June 2000;
  2. The Prosecution may make any further submissions in relation to the Motion for Provisional Release within seven days of any Witness Statements being filed.

 

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

______________________
Judge David Hunt
Pre-Trial Judge

Dated this 29th day of May 2000
At The Hague
The Netherlands

[Seal of the Tribunal]