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IN THE TRIAL CHAMBER
Before: Judge Ninian Stephen, Presiding
Judge Adolphus Karibi-Whyte
Judge Saad Saood Jan
Registrar: Mrs. Dorothee de Sampayo Garrido-Nijgh
Decision of: 1 October 1997
PROSECUTOR
v.
SIMO DRLJACA
MILAN KOVACEVIC
___________________________________________________________
DECISION DISPOSING OF DEFENCE MOTION TO CLARIFY STANDARDS IMPLICIT IN RULE 50
___________________________________________________________
The Office of the Prosecutor:
Mr. Grant Niemann
Mr. Clint Williamson
Counsel for the Accused:
Mr. Anthony DAmato, for Milan Kovacevic
THE TRIAL CHAMBER,
HAVING CONSIDERED the Defence Motion to Clarify Standards Implicit in Rule 50 Regarding Amendment of Indictment ("Motion"), filed on 10 September 1997, and the response of the Office of the Prosecutor ("Prosecution") filed on 24 September 1997,
NOTING that the Motion in substance seeks amendment of the Rules of Procedure and Evidence of the International Tribunal ("Rules"), a matter for plenary and not for this Trial Chamber;
NOTING that, in any event, pursuant to Rule 6 of the Rules, amendments to the Rules are to be proposed by the Judges, the Prosecutor or the Registrar and therefore the Defence does not have standing to request amendment;
NOTING FURTHER that, pursuant to Rule 50 of the Rules, before the presentation of evidence has commenced it is exclusively for the Judge who confirmed the indictment to grant or refuse leave to amend an indictment;
Pursuant to Rule 54,
HEREBY DECLINES to entertain the Motion.
Done in English and French, the English text being authoritative.
Ninian Stephen
Presiding Judge
Dated this first day of October 1997
At The Hague
The Netherlands
[Seal of the Tribunal]
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