Case No.: IT-95-14-R77.2

IN THE TRIAL CHAMBER

Before:
Judge O-Gon Kwon, Presiding
Judge Patrick Robinson
Judge Iain Bonomy

Registrar:
Mr. Hans Holthuis

Decision of:
20 December 2005

PROSECUTOR

v.

IVICA MARIJACIC
MARKICA REBIC

_________________________________________________

DECISION ON MOTION OF THE ACCUSED MARKICA REBIC FOR THE POSTPONEMENT OF TRIAL AND FOR EXTENSION OF TIME

_________________________________________________

The Office of the Prosecutor:

Mr. David Akerson

Counsel for Ivica Marijacic:

Mr. Marin Ivanovic

Counsel for Markica Rebic:

Mr. Kresimir Krsnik

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 ("Tribunal"),

BEING SEIZED OF a “Motion of the Accused Markica Rebic for Postponement of Pre-Trial Conference and Trial and for Extension of Time for Production of Defence Witness List and Filing of Written Submission,” filed by the accused Markica Rebic ("Accused") on 16 December 2005 ("Motion"), requesting an extension of time for the filing of his list of witnesses and exhibits, as well as a postponement of the scheduled pre-trial conference and trial for at least 30 days,

NOTING the "Order on Scheduling of Trial and Production of Defence Witness-List," issued by the Trial Chamber on 12 December 2005, setting the date for the pre-trial conference and commencement of trial for 17 January 2006, and directing the Accused and his co-accused Ivica Marijačic to file their list of proposed witnesses and exhibits by 9 January 2006,

CONSIDERING that the arguments put forward by the Accused in support of his Motion are that he has had a minimal period of time to prepare for trial, that the Office of the Prosecutor ("Prosecution") has had a disproportionately longer period in which to prepare, that he has had only modest resources at his disposal for the preparation of his defence, and that he seeks to gather written witness statements pursuant to Rule 92 bis of the Rules of Procedure and Evidence of the Tribunal ("Rules") and needs extra time to gather these statements,

NOTING that the pre-trial Judge indicated at a Status Conference held on 26 October 2005 that the Trial Chamber contemplated that the trial would be held sometime in January 2006,¹

CONSIDERING that the Accused is charged with only one count of Contempt of the Tribunal, and that the original indictment against him was confirmed in February 2005,

CONSIDERING that the Prosecution’s Pre-Trial Brief was filed confidentially on 31 October 2005,² and that the Accused filed his Pre-Trial Brief confidentially on 28 November 2005,

CONSIDERING THEREFORE that the Accused has had sufficient time for the preparation of his defence,

CONSIDERING that the Accused, and his co-accused, have a right to be tried without undue delay, in addition to a right to adequate time and facilities for the preparation for their defence,

CONSIDERING ALSO that the Tribunal operates a system for the assignment of counsel paid by the Registry to suspects or accused persons who lack the means to remunerate counsel, but that the Accused has never made an application for the assignment of counsel,

PURSUANT TO Rule 54 of the Rules,

HEREBY DENIES the Motion.

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

__________________________
Judge O-Gon Kwon
Presiding

Dated this twentieth day of December 2005
At The Hague
The Netherlands

[Seal of the Tribunal]