Case: IT-97-24-A

BEFORE THE PRE-APPEAL JUDGE

Before:
Judge Theodor Meron, Pre-Appeal Judge

Registrar:
Mr. Hans Holthuis

Decision of:
19 December 2003

THE PROSECUTOR

v.

MILOMIR STAKIC

_______________________________________

DECISION ON SECOND MOTION FOR EXTENSION OF TIME TO FILE APPELLANT’S BRIEF

_______________________________________

Counsel for the Prosecutor:

Mr. Norman Farrell

Counsel for the Defence:

Mr. Branko D. Lukic
Mr. John R. Ostojic

I, THEODOR MERON, President 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 “Appellant, Milomir Stakic’s Motion for Enlargement of Time to File Appellant’s Brief in Support of His Appeal" ("Motion"), filed on 17 December 2003, which seeks an extension of between 30 and 45 days for the filing of the Brief of Appellant Milomir Stakic (“Appellant”) and any motion under Rule 115 of the Rules of Procedure and Evidence of the International Tribunal;

NOTING the "Order Assigning Judges to a Case Before the Appeals Chamber and Appointing Pre-Appeal Judge" filed on 14 August 2003 which, inter alia, designated me to serve as Pre-Appeal Judge in this case;

CONSIDERING that, pursuant to the Decision on Motion for Extension of Time dated 30 October 2003, the Appellant is due to file his brief on 6 January 2004;

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

CONSIDERING that the Appellant seeks a further extension of time for the filing of his Appellant’s Brief on the grounds that (1) his counsel have been working diligently on a response to the appeal of the Prosecution in this case, which they expect to file timely on 29 December 2003; (2) his counsel were given access to the electronic disclosure database maintained by the Prosecution on 24 November 2003; (3) the Prosecution is reviewing other evidence in its possession for possible disclosure under Rule 68; (4) the B/C/S translation of the judgement appealed from was completed on 2 December 2003 and was made available to the Appellant on 9 December 2003;

CONSIDERING that, at a status conference held on 18 December 2003, the Prosecution stated that it did not oppose the grant of a reasonable extension of time in light of the delay in receipt by the Appellant of the B/C/S translation of the judgement appealed from;

FINDING that good cause has not been shown to grant the Appellant’s request of an extension of 45 days, but that good cause has been shown for an extension of time until 1 February 2004;

CONSIDERING that, under Rule 115, motions for admission of additional evidence on appeal are due seventy-five days after the date of the Trial Chamber’s judgement;

CONSIDERING that the Trial Chamber’s Judgement was dated 31 July 2003, thus any motion under Rule 115 in this case was due on 14 October 2003;

CONSIDERING that the Appellant failed to file a timely motion under Rule 115 and failed to request an extension of time to file such a motion;

CONSIDERING, however, that at the status conference held on 18 December 2003, counsel for the Appellant explained that it only recently discovered material that it may wish to submit pursuant to Rule 115;

CONSIDERING further that the interests of justice warrant considering the request for an extension of time to file a motion under Rule 115 notwithstanding its untimeliness;

CONSIDERING that the factors considered in connection with the request for an extension of time to file the Appellant’s brief apply equally to the request regarding the motion under Rule 115;

FINDING that good cause has been shown, under Rule 115(A), for an extension of time to file a motion under Rule 115;

FOR THE FOREGOING REASONS,

HEREBY GRANT the Motion in part; and

ORDER that the Appellant may file the Appellant’s Brief and any motion under Rule 115 on or before 1 February 2004.

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

Dated this 19^th day of December 2003,
At The Hague,
The Netherlands.

_____________
Judge Theodor Meron
Pre-Appeal Judge

[Seal of the Tribunal]