Case: IT-98-30/1-A

IN THE APPEALS CHAMBER

Before: Pre-Appeal Judge, Judge David Hunt

Registrar: Mr Hans Holthuis

Decision of: 3 October 2002

PROSECUTOR
v
Miroslav KVOCKA
Milojica KOS
Mladjo RADIC
Zoran ZIGIC
Dragoljub PRCAC

___________________________________________

DECISION ON ZORAN ZIGIC’S MOTION SEEKING LEAVE TO ADD PARAGRAPHS TO HIS MOTION TO PRESENT ADDITIONAL EVIDENCE

___________________________________________

Counsel for the Prosecutor:

Ms Susan L Somers for the Prosecutor

Defendant:

Zoran Zigic (un-represented)

 

I, Judge David Hunt, Pre-Appeal Judge,

NOTING Zoran Zigic’s ("Zigic") "Motion to Present Additional Evidence", filed confidentially on 23 August 2002 ("Motion") and the "Prosecution’s Response to Zoran Zigic’s Motion to Present Additional Evidence", filed on 9 September 2002;

NOTING paragraphs 33 and 34 of Zigic’s confidential "Reply to Prosecution’s Response to Zoran Zigic’s Motion to Present Additional Evidence", filed on 23 September 2002 ("Reply"), where he refers to and summarises the statement of Faruk Hrncic a witness which he wishes to call;

NOTING the "Prosecution’s Motion to Strike Portion of Zigic’s Reply to Prosecution’s Response to Zoran Zigic’s Motion to Present Additional Evidence", filed on 26 September 2002, whereby the prosecution requests that paragraphs 33 and 34 of Zigic’s Reply be struck out on the basis that these two paragraphs go beyond the proper scope and ambit of a reply;

NOTING Zigic’s "Reply to Prosecution’s Motion to Strike Portion of Zigic’s Reply to Prosecution’s Response to Zoran Zigic’s Motion to Present Additional Evidence", filed confidentially on 30 September 2002;

NOTING the "Decision on Prosecution’s Motion to Strike Portion of Reply", rendered on 30 September 2002 ("pre-appeal Judge’s Decision"), whereby the pre-appeal Judge granted the prosecution’s motion to have paragraphs 33 and 34 stricken out of Zigic’s Reply, but stated that Zigic might seek leave to add the content of those paragraphs to his original Motion;

NOTING that the pre-appeal Judge’s Decision further provided that, if Zigic sought such leave, the prosecution would have the right to file a further response to it;

BEING SEISED of Zigic’s "Request for Leave to Add Paragraphs 33 and 34 of Zigic’s ‘Reply to Prosecution’s Response to Zoran Zigic’s Motion to Present Additional Evidence’ Filed on 23 September 2002 to Zigic’s ‘Motion to Present Additional Evidence’ Filed on 23 August 2002", filed on 2 October 2002, whereby Zigic seeks leave to add the content of paragraphs 33 and 34 of his "Reply" to his original Motion of 23 August 2002, arguing, by reference to his previous filings, that the material he seeks to add to his original Motion is essential to prove his innocence in relation to an incident for which he was found guilty at trial;

NOTING that the prosecution informed the Chamber orally that it did not object to leave being granted but sought leave to respond to Zigic’s forthcoming motion;

CONSIDERING that good cause has been shown;

HEREBY GRANT LEAVE to add paragraphs 33 and 34 of his Reply to his original Motion, NOTE that the original Motion will now be deemed to include such paragraphs, and GRANT LEAVE to the prosecution to respond to those paragraphs within ten (10) days.

 

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

Dated this 3rd day of October 2002,
At The Hague,
The Netherlands.

______________________
David Hunt
Pre-Appeal Judge

[Seal of the Tribunal]

   

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