Case No. IT-02-61-A
BEFORE THE PRE-APPEAL JUDGE
Before:
Judge Inés Mónica Weinberg de Roca, Presiding
Registrar:
Mr. Hans Holthuis
Decision of:
11 May 2004
PROSECUTOR
v.
MIROSLAV DERONJIC
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ORDER GRANTING EXTENSION OF TIME
__________________________________
Counsel for the Prosecutor:
Ms. Susan Somers
Counsel for the Defence:
Mr. Slobodan Cvijetic
Mr. Slobodan Zecevic
I, Inés Mónica Weinberg de Roca, Pre-Appeal Judge in this case;1
BEING SEISED OF the "Urgent request for continuance of time-limit to file a Notice of Appeal" filed 14 April 2004 ("First Motion") by Miroslav Deronjic ("Appellant") in which the Appellant seeks an extension of time limit for filing the Notice of Appeal, on the basis that both the Appellant and his lead counsel require the translation in order to understand the "Sentencing Judgement" of 30 March 2004 ("Judgement");
BEING FURTHER SEISED OF the "Urgent request for continuance of time-limit to file Appellant’s Brief" filed 7 May 2004 ("Second Motion"), in which the Appellant requests that the seventy five day limit for filing his Appellant’s Brief run from the date on which the Judgement is translated into BCS, on the basis that both the Appellant and his lead counsel require the translation in order to understand the Judgement;
NOTING that "Miroslac Deronjic’s Notice of Appeal" was filed on 28 April 2004, which renders the First Motion moot;
NOTING that pursuant to Rule 111 of the Rules of Procedure and Evidence ("Rules") the deadline for filing the Appellant’s Brief is seventy-five days after the filing of the Notice of Appeal, that is 5 July 2004;
NOTING that pursuant to Rule 127 of the Rules, a time limit may be varied on a showing of good cause;
NOTING that the BCS translation of the Judgement is expected at the end of June 2004;
CONSIDERING that "good cause" within the meaning of Rule 116 of the Rules has been shown given that the Appellant is not able to fully understand and analyse the Judgement in English;
CONSIDERING, however, that in the circumstances of this sentencing appeal, which is of limited scope, it has not been demonstrated why the Appellant requires seventy-five days from the receipt of the BCS translation in order to prepare his Appellant’s Brief;
CONSIDERING further that the Appellant is already on notice of matters which form the basis of his appeal through the course of the proceedings, the summary of the Judgement in BSC, and the English language version of the Judgement, and that therefore he and his defence team can begin to prepare certain aspects of the Appellant’s Briefs prior to the communication of the BCS translation of the Judgement;
HEREBY
Done in English and French, the English text being authoritative.
__________________________
Inés Mónica Weinberg de Roca
Pre-Appeal Judge
Dated this 11th day of May 2004,
At The Hague,
The Netherlands.