IN THE TRIAL CHAMBER

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

Registrar:
Mr. Hans Holthuis

Decision of:
25 April 2005

PROSECUTOR

v.

VLADIMIR LAZAREVIC
SRETEN LUKIC

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DECISION ON PROSECUTION’S REQUEST TO HOLD DECISION ON PRELIMINARY MOTION IN ABEYANCE

__________________________________________________

The Office of the Prosecutor

Mr. Thomas Hannis
Mr. Christina Moeller

Counsel for Vladimir Lazarevic

Mr. Mihaijlo Bakrac

Counsel for Sreten Lukic

Mr. Victor Koppe

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 ("the International Tribunal"),

BEING SEISED of a "Prosecution’s Request to Hold Decision on Preliminary Motion in Abeyance", filed on 20 April 2005 ("Motion"), seeking that the Trial Chamber to holds its decision on Lazarevic Preliminary Motion in abeyance and suspend the time for the Prosecution to respond until a decision has been taken on the Prosecution’s Motion for Joinder, or if granted, until a new Joint Amended Indictment has been filed,

NOTING the "Defence Preliminary Motion” filed by Vladimir Lazarevic on 11 April 2005 (“Lazarevic Preliminary Motion”), in which he submits that the Indictment against him is defective,

NOTING the "Prosecution Motion for Joinder" filed on 1 April 2005 in which the Prosecution requests that the accused in this case, and the accused in Case No.IT-99-37-PT, be jointly charged and tried,

NOTING the Prosecution submission that, if the Prosecution Motion for Joinder is granted, a Joint Amended Indictment "will necessarily entail changes to the Indictment",

CONSIDERING that Rule 72(A) of the Rules of Procedure and Evidence provides that preliminary motion shall be brought no later than thirty days after the disclosure by the Prosecutor to the Defence of all Rule 66(A)(i) material and statement,

CONSIDERING that the Trial Chamber is not satisfied that resolution of a challenge to the form of the Indictment should be stayed pending determination of a separate application for joinder in circumstances where, as in this case, the proposed joint amended indictment does not include new charges,

PURSUANT to Rule 54 and 127 of the Rules,

HEREBY DENIES the Motion and ORDERS that the Prosecution may file a response to Lazarević Preliminary Motion no later than Thursday, 28 April 2005.

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

_____________
Judge Patrick Robinson
Presiding

Dated this twenty-fifth day of April 2005
At The Hague
The Netherlands

[Seal of the Tribunal]