Case No. IT-02-60/1-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Mehmet Güney

Registrar:
Mr. Hans Holthuis

Decision:
13 April 2004

Momir NIKOLIC

v.

PROSECUTOR

_____________________________

DECISION ON SECOND DEFENCE MOTION FOR VARIATION OF TIME-LIMITS

_____________________________

Counsel for the Appellant:

Mr. Veselin Londrovic
Ms. Virginia C. Lindsay

Counsel for the Prosecutor:

Mr. Norman Farrell

 

I, MEHMET GÜNEY, Judge of the Appeals 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 "Second Defence Motion for Variation of Time-limits" ("Motion") filed on 8 April 2004 by Counsel of Momir Nikolic ("Appellant") whereby he seeks an extension of 14 days for the filing of the Appellant’s Brief;

NOTING that the sentencing judgement was rendered on 2 December 2003 and that the Appellant filed his Notice of Appeal on 30 December 2003;

NOTING the "Decision on Motion for Variation of Time-Limit" dated 22 January 2004 in which I granted an extension of time of 40 days from the filing of the BCS translation of the sentencing judgement for the filing of the Appellant’s Brief;

CONSIDERING that the Appellant was served with the BCS version of the sentencing judgement on 1 April 2004 and that, therefore, the Appellant’s Brief is to be filed no later than 11 May 2004;

CONSIDERING that, pursuant to Rule 127(A)(i) and (B) of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), the time-limit for the filing of the Appellant’s Brief may be enlarged on good cause being shown;

NOTING that the Appellant seeks a further extension of time for the filing of his Appellant’s Brief on the ground that a new Co-Counsel was appointed to the case on 19 February 2004;

NOTING that, during the status conference held on 8 April 2004, the Prosecution informed me that it does not oppose the requested extension of time;

CONSIDERING that it is in the interest of justice to allow the newly appointed Co-Counsel adequate time to familiarise himself with the case;

CONSIDERING further that the length of the extension of time sought by the Appellant is only 14 days;

FINDING that "good cause" has been shown to grant the Appellant’s request of an extension of 14 days within the meaning of Rule 127 of the Rules;

FOR THE FOREGOING REASONS,

HEREBY GRANT the Motion; and

ORDER the Appellant to file his Appellant’s Brief on or before 25 May 2004.

 

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

Dated 13 April 2004,
At The Hague,
The Netherlands.

________________
Mehmet Güney
Pre-Appeal Judge

[Seal of the Tribunal]