IN TRIAL CHAMBER II

Before:
Judge Antonio Cassese, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge David Hunt

Registrar:
Dorothee de Sampayo Garrido-Nijgh

Decision of:
4 November 1999

PROSECUTOR

v

Momir TALIC

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ORDER DEFERRING DECISION ON MOTION TO DISMISS THE INDICTMENT

________________________________________________________________________________

The Office of the Prosecutor:

Ms Joanna Korner
Mr Michael Keegan
Ms Ann Sutherland

Counsel for the Accused:

M Xavier de Roux
M Michel Pitron

 

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,

BEING SEISED of the "Motion to Dismiss the Indictment" filed by Momir Talic on 14 October 1999 (“Motion”),

NOTING the “Prosecution’s Response to ‘Motion to Dismiss Indictment’ Filed by Counsel for the Accused Momir Talic”, filed on 21 October 1999 (“Response"), whereby the Prosecution gives notice that it intends to apply to the confirming judge for leave to amend the indictment,

AND NOTING the further notification by the Prosecution that the amendments it seeks include the addition of further charges against Momir Talic based upon new material,

CONSIDERING that in these circumstances it would be premature to determine the Motion before the nature of the amendments are known,

HEREBY –

(1) defers its decision on the Motion until the result is known of the application by the prosecution to amend the indictment, and

(2) grants leave –

(a) to the accused Talic to file any addendum to the Motion as he may be advised, within fourteen days of being informed of the result of that application and receipt of any amended indictment, and

(b) to the Prosecution to file a further Response to the Motion and addendum within fourteen days from the filing of that addendum.

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

Dated this 4th day of November 1999,
At The Hague,
The Netherlands.

_______________________________
Judge David Hunt
Pre-Trial Judge
(at the request of the Presiding Judge)

[Seal of the Tribunal]