Case No.: IT-03-68-PT

IN THE TRIAL CHAMBER

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

Registrar:
Mr. Hans Holthuis

Order of:
5 February 2004

PROSECUTOR

v.

NASER ORIC

_________________________________________________

ORDER ON CONFIDENTIAL DEFENCE MOTION FOR EXTENSION OF TIME TO FILE ITS PRE-TRIAL BRIEF

__________________________________________________

The Office of the Prosecutor

Mr. Jan Wubben
Mr. Jayantha Jayasuriya

Counsel for the Accused

Ms. Vasvija Vidovic
Mr. John Jones

 

I, O-GON KWON, Judge 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"),

HAVING BEEN APPOINTED as the pre-trial Judge in this case by virtue of an Order of the Trial Chamber dated 28 April 2003,

BEING SEISED of the "Confidential Defence Motion for Extension of Time to File Response to Pre-Trial Brief" filed confidentially on 3 February 2004 ("Motion") by the Defence of Naser Orić, requesting an extension of four weeks for filing its pre-trial brief,1

NOTING that the Office of the Prosecutor ("Prosecution") was ordered to disclose to the Defence materials falling under Rule 66 (A)(ii) of the Rules of Procedure and Evidence of the International Tribunal ("Rules") by 14 November 2003, while the Defence was ordered to file its pre-trial brief by 6 February 2004,2

CONSIDERING that the disclosure obligations of the Prosecution were not met in full by the deadline of 14 November 2003,3 and that it is in the interests of justice for the Defence, prior to filing its pre-trial brief, to have the opportunity to review the relevant materials disclosed,

PURSUANT TO Rules 54 and 65 ter of the Rules,

HEREBY GRANT the Motion and ORDER the Defence to file its pre-trial brief by Friday, 5 March 2004.

 

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

____________
O-Gon Kwon
Pre-Trial Judge

Dated this fifth day of February 2004
At The Hague
The Netherlands

[Seal of the Tribunal]


1. During both the Status Conference of 28 November 2003 and Rule 65 ter Conference of 3 February 2004, the Prosecution indicated that it would not oppose a Defence request for an extension of time to file its pre-trial brief.
2. In the same order, the Prosecution was instructed to disclose its expert report by 14 November 2003 and to file its pre-trial brief by 5 December 2003. See "Order Concerning Rule 66 (A)(ii) Materials, Expert Report and Pre-Trial Briefs," Prosecutor v. Naser Oric, Case No. IT-03-68-PT, 30 July 2003.
3. During the Rule 65 ter Conference of 3 February 2004, the Prosecution indicated that disclosure of the remaining outstanding materials, in the language of the accused, is expected to be completed by 6 February 2004.