IN TRIAL CHAMBER II
Judge David Hunt, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Liu Daqun
Mr Hans Holthuis
1 June 2001
The Office of the Prosecutor:
Mr Dirk Ryneld
Counsel for accused
Mr Howard Morrison
Trial Chamber II,
NOTING the ‘Prosecutor’s Request for Advance Authorisation to Exceed Length Limit for Motions and Replies Before a Trial Chamber Pursuant to Practice Direction IT/184’ in respect of the ‘Prosecutor’s Response to "Defence Motion for Relief Based Inter Alia Upon Illegality of Arrest Following Upon the Prior Unlawful Kidnapping and Imprisonment of the Accused and Co-Related Abuse of Process Within the Contemplation of Discretionary Jurisdictional Relief Under Rule 72" Filed 17 May 2001’ filed on 31 May 2001 ("Request");
NOTING that paragraph 7 of Practice Direction IT/184 requires a party to request authorisation to exceed the limits for motions and replies prior to filing the document for which the authorisation is sought, and that the Request was made at the same time as the Prosecutor filed the document to which the Request relates;
CONSIDERING that Rule 127(A)(ii) of the Rules of Evidence and Procedure allows a Trial Chamber to recognise as validly done any act done after the expiration of a time on good cause being shown;
CONSIDERING that, in the circumstances of this case, the general lack of awareness of the existence of the Practice Direction at the present time (as illustrated by the breach of its provisions by the Defence Motion), provides sufficient cause to recognise the Request as having been validly made;
The authorisation requested by the Prosecutor is granted.
Done in English and French, the English text being authoritative.
Dated this 1st day of June 2001,
At The Hague,
Judge David Hunt
[Seal of the Tribunal]
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