Case No.: IT-98-33-A


Before: Judge David Hunt, Pre-Appeal Judge

Registrar: Mr Hans Holthuis

Decision of: 1 March 2002







Counsel for the Prosecutor:

Mr Norman Farrell

Counsel for Radislav Krstic:

Mr Nenad Petrusic
Mr Tomislav Visnjic


I, Judge Hunt, Pre-Appeal Judge in this case,

NOTING the confidential letter dated 26 February 2002 inviting the Prosecution to file a Further Response concerning the conceded violation of its obligation under Rule 68 of the Rules of Procedure and Evidence ("the Rules");

NOTING the "Prosecutionís Motion for Leave to File a Further Supplementary Response", dated 28 February 2002, seeking leave to file a Further Response to the Appellantís "Supplemental Reply: Motion for Production of Evidence", in order to provide sufficient explanation as to why certain documents were not disclosed at the time of trial and why documents which do not appear to be exculpatory have nevertheless been disclosed;

RE-ITERATING the importance of such a Response to the inference which the Appeals Chamber might draw in relation to this violation;

CONSIDERING that, in its Further Response, the Prosecution shall endeavour to explain in sufficient detail the reasons for its failure to comply with its obligations pursuant to Rule 68 of the Rules;

HEREBY GRANT LEAVE to the Prosecution to file a Further Response and ORDER that

  1. The Prosecution shall file its Further Response no later than 8 March 2002.
  2. The Defence may file any further Reply to the Prosecutionís Further Response within 14 days of the filing of the Response.


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

David Hunt
Pre-Appeal Judge

Done this 1st March 2002,
At The Hague,
The Netherlands.

[Seal of the Tribunal]


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