Case No.: IT-01-48-PT

IN THE TRIAL CHAMBER

Before:
Judge Richard May, Presiding
Judge Patrick Robinson
Judge O-Gon Kwon

Registrar:
Mr. Hans Holthuis

Decision of:
4 July 2003

PROSECUTOR
v.
SEFER HALILOVIC

_________________________________________________

DECISION ON DEFENCE APPEAL FOR THE PRE-TRIAL CONFERENCE TO BE POSTPONED

__________________________________________________

The Office of the Prosecutor

Mr. Ekkehard Withopf
Ms. Maria Tuma
Mr. Daryl Mundis

Counsel for the Accused

Mr. Ahmet Hodzic

 

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 the "Appeal For The Pre-Trial Conference To Be Postponed" filed on 3 July 2003 ("Motion") by the defence counsel of Sefer Halilovic (“Accused”), requesting the Trial Chamber to postpone the taking of the deposition of Vehbija Karic (“Witness”) and the pre-trial conference, scheduled for 8-11 July 2003 and 15 July 2003, respectively,

NOTING that the defence counsel agreed to taking of the deposition from the Witness in its "Defence Response on Prosecution’s Motion to Take Deposition for Use at Trial" filed on 8 May 2003, and the issue was extensively discussed during a Status Conference on 22 May 2003, at which the defence counsel of the Accused was present,

NOTING the decision of this Trial Chamber rendered on 11 June 2003, ordering the taking of such deposition by means of video conference link due to the medical condition of the Witness,

NOTING the "Waiving from a Request for the Accused to Be Present While Taking the Deposition from the Witness" filed on 17 June 2003 by the defence counsel of the Accused, acknowledging the serious health condition of the Witness,

CONSIDERING that no convincing reason is provided in the Motion to justify postponing the taking of the deposition of the Witness,

CONSIDERING that pre-trial briefs have been filed by both the Office of the Prosecutor and Defence and that any matters still outstanding after the pre-trial conference can be considered at a later conference,

CONSIDERING FURTHER that one of the primary purpose of the pre-trial conference to be held under Rule 73bis of the Rules of Procedure and Evidence of the International Tribunal ("Rules") is to ensure that the Prosecution’s case is ready for trial and where possible, to schedule the commencement of trial after taking into consideration the reasonable requirements of the Defence,

PURSUANT TO Rule 54 of the Rules

HEREBY DISMISSES THE MOTION.

 

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

___________________
O-Gon Kwon
Pre-Trial Judge

Dated this fourth day of July 2003
At The Hague
The Netherlands

[Seal of the Tribunal]