Decision on Sreten Lukic’s Motion for Enlargement of Time to File a Response to the Prosecution’s Motion for Joinder, and to File a Preliminary Motion

Case No.: IT-03-70-PT

IN THE TRIAL CHAMBER

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

Registrar:
Mr. Hans Holthuis

Decision of:
24 May 2005

PROSECUTOR

NEBOJSA PAVKOVIC
VLADIMIR LAZAREVIC
VLASTIMIR DORDEVIC
SRETEN LUKIC

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DECISION ON SRETEN LUKIC’S MOTION FOR ENLARGEMENT OF TIME TO FILE A RESPONSE TO THE PROSECUTION’S MOTION FOR JOINDER, AND TO FILE A PRELIMINARY MOTION

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The Office of the Prosecutor

Mr. Thomas Hannis
Mr. Christina Moeller

Counsel for the Accused

Ms. Chrissa Loukas for Nebojsa Pavkovic
Mr. Mihaijlo Bakrac for Vladimir Lazarevic
Mr. Theodore Scudder and Mr. Dragan Ivetic for Sreten Lukic

I, IAIN BONOMY, Judge of Trial Chamber III 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 DESIGNATED as pre-trial Judge in this case by virtue of an Order of 7 March 2005,

BEING SEIZED of "Sreten Lukic’s Motion for Enlargement of Time to File a Response to the Prosecution’s Motion for Joinder, and to File a Preliminary Motion" ("Motion"), filed by the Lukic Defence on 17 May 2005, requesting an extension of time in which to file a response to the Prosecution Motion for Joinder of the Milutinovic, Ojdanic and Sainovic case (Case Number IT-99-37-PT) with the Pavkovic, Lazarevic, Dordjevic and Lukic case (Case Number IT-03-70-PT), filed on 1 April 2005 ("Motion for Joinder"), and to file a preliminary motion,

NOTING the Prosecution’s response filed on 20 May 2005-1- in which the Prosecution states that it does not take a position on the Motion,

NOTING that the Lukic Defence requests an extension of time of at least 30 days in which to file a response to the Motion for Joinder and to file a preliminary motion because of, (1) the Motion for Joinder being filed before the Accused, Sreten Lukic, had been transferred to The Hague, his initial appearance having only taken place on 6 April 2005 and further initial appearance on 4 May 2004; (2) present Counsel being appointed on 29 April 2005, replacing temporary counsel; (3) the fact that documents disclosed to prior counsel on 20 April 2005 were only received by present Counsel on 4 May 2005 which has not given Counsel an opportunity to review and analyse such documents either himself or with his client; (4) the medical condition of the Accused has forced counsel to concentrate on other filings and discussions relating to the health and safety of the accused,

NOTING that preliminary motions are to be made in writing and brought not later than 30 days after disclosure by the Prosecutor to the defence of all material and statements referred to in Rule 66(A)(i), pursuant to Rule 72 of the Rules of Procedure and Evidence, and that the Defence is obliged to file any response to the Prosecution Motion for Joinder within 14 days, pursuant to Rule 126 bis of the Rules,

CONSIDERING that the Prosecution Motion for Joinder was filed on 1 April 2005 and that the Trial Chamber has a duty to deal with matters expeditiously and in the interests of, not only the Accused Lukic, but also the other accused in this case and the case of Prosecutor v. Milan Milutinovic, Dragoljub Ojdanic and Nikola Sainovic (Case No. IT-99-37-PT),

CONSIDERING that I, as pre-trial Judge, find that good cause has been shown by the Lukic Defence for enlarging the time in which to file a response to the Prosecution Motion for Joinder and to file a preliminary motion due to, (1) counsel’s recent appointment on 29 April 2005, and (2) counsel only receiving the Rule 66(A)(i) material on 4 May 2005,

PURSUANT TO Rule 127 of the Rules of Procedure and Evidence of the International Tribunal,

HEREBY GRANT the Motion for enlargement of time in which to respond to the Prosecution’s Motion for Joinder, and to file a preliminary motion, for the above-mentioned reasons but ORDER that both submissions are to be filed by 5 June 2005.

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

_____________
Judge Iain Bonomy
Pre-trial Judge

Dated this twenty-fourth day of May 2005
At The Hague
The Netherlands

[Seal of the Tribunal]

1. "Prosecution’s Response to "Sreten Lukic’s Motion for Enlargement of Time to File a Response to the Prosecution’s Motion for Joinder, and to File a Preliminary Motion", 20 May 2005