Srebrenica-Drina Corps, Prosecutor v. Krstic, Decision on the Defence's Motion for Extension of Time, IT-98-33-A (ICTY AC, Oct. 15, 2003)

Case: IT-98-33-A

IN THE APPEALS CHAMBER

Before:
Judge Theodor Meron, Pre-Appeal Judge

Registrar:
Mr Hans Holthuis

Decision of:
15 October 2003

PROSECUTOR

Radislav KRSTIC

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DECISION ON THE DEFENCE’S MOTION FOR EXTENSION OF TIME

___________________________________________________________

Counsel for the Prosecution:

Mr Norman Farrell

Counsel for the Appellant:

Mr Nenad Petrusic
Mr Norman Sepenuk

1. The Defence seeks an extension of time in which to reply to the Prosecution’s notice and filing of rebuttal evidence. By a Scheduling Order of 24 September 2003, the Prosecution was directed to notify the Chamber by 3 October 2003 about the rebuttal evidence it will seek to have admitted. The Prosecution subsequently requested, and was granted, an extension until 20 October 2003 to file evidence derived from the testimonies of Mr. Momir Nikolić and Mr. Dragan Obrenović in the case of The Prosecutor v. Vidoje Blagojevic, No. IT-02-60-T.

2. On 13 October 2003, the Defence filed its "Motion for Extension of Time to File Reply to Prosecution’s Notice and Filing of Rebuttal Evidence and Arguments in Compliance with the Appeals Chamber’s Scheduling Order." The Defence seeks until 30 October 2003 to reply to the evidence the Prosecution will seek to introduce. The Defence justifies its request by noting the extension granted to the Prosecution and says that the proceedings before the Appeals Chamber would benefit from a single response by the Defence to all of the Prosecution’s evidence. The Defence further notes that the Prosecution agrees with this rationale and has no objection to its request.

3. Under Rule 127(B), the Appeals Chamber may grant a motion for extension of time upon a showing of good cause. In this case, I conclude the Defence has made the requisite showing. As already noted, the Prosecution was granted until 20 October 2003 to file evidence derived from the testimonies of Mr. Nikolić and Mr. Obrenović. It will assist the Appeals Chamber, as the Defence argues, to have a single reply to the rebuttal evidence presented by the Prosecution. The extension sought is of a short duration, and the Prosecution has not objected to it.

For these reasons, I HEREBY GRANT the Defence’s Motion for Extension of Time and ORDER that the time in which the Defence may file a reply to the Prosecution’s notice of rebuttal evidence be extended through Thursday, 30 October 2003.

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

Dated this 15^th of October 2003,
At The Hague,
The Netherlands.

_________________
Judge Theodor Meron
Pre-Appeal Judge

[Seal of the Tribunal]

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