Judge David Hunt, Presiding
Judge Florence Ndepele Mwachande Mumba
Judge Liu Daqun

Mr Hans Holthuis

Decision of:
13 June 2001







The Office of the Prosecutor:

Mr Dirk Ryneld

Counsel for accused

Mr Howard Morrison


1. The accused Dragan Nikolić ("Nikolic") has applied for leave to reply to the prosecutionís response to his original Motion of 17 May 2001. The accused filed his proposed reply with his application for leave.

2. A moving party does not have an absolute right to file a reply, and leave to do so is required. Leave will only be granted where the response raises an issue which goes beyond the issues raised by the original motion itself. None of the matters in the Response to which leave is sought to reply raises an issue which goes beyond the issues raised in the Motion. The proposed reply merely repeats arguments which were put in that Motion. Leave is therefore refused.

3. Nikolic also requests the grant of leave retrospectively pursuant to Rule 127(A)(ii) with respect to his Motion. In that Motion, he far exceeded the limits for the length of motions imposed by Practice Direction IT/184, without seeking authorisation to do so as required by the Practice Direction. The Trial Chamber granted leave to the prosecution in its Response to exceed the limits imposed by the Practice Direction, on the ground that there was at that time a general lack of awareness of the existence of the Practice Direction. It grants leave retrospectively to Nikolić upon the same basis.


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

Dated this 13th day of June 2001,
At The Hague,
The Netherlands.

Judge David Hunt
Presiding Judge

[Seal of the Tribunal]


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