Stupni Do, Prosecutor v. Rajic, Order Concerning the Prosecutor's Motion Seeking Leave to Amend the Indictment, IT-95-12 (ICTY TC, Jan. 12, 2004)

Case: IT-95-12-PT

IN THE TRIAL CHAMBER

Before:
Judge Daqun Liu, Presiding
Judge Volodymyr Vassylenko
Judge Carmen Maria Argibay

Registrar:
Mr. Hans Holthuis

Order of:
12 January 2004

PROSECUTOR

IVICA RAJIC

___________________________________________________________________

ORDER CONCERNING THE PROSECUTOR’S MOTION SEEKING LEAVE TO AMEND THE INDICTMENT

___________________________________________________________________

Office of the Prosecutor:

Mr. Kenneth Scott

Defence Counsel:

Mr. Zeljko Olujic

TRIAL CHAMBER I of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (the "Tribunal");

NOTING the Defence’s "Motion on the Form of the Indictment Pursuant to Rule 72" filed on 23 August 2003;

NOTING that the Prosecution’s response to this motion, filed on 4 September 2003, indicated an intention to file an amended indictment and requested the Chamber not to decide the Defence Motion until the motion for leave to amend the indictment was considered;

NOTING the Prosecution’s subsequent "Motion for Leave to Amend Indictment" (the "Prosecution Motion"), filed on 23 October 2003 along with the "Proposed Amended Indictment" (the "Amended Indictment");

HAVING HEARD the parties at the Status Conference of 3 November 2003 (the "Status Conference"), at which the Prosecution Motion and the Amended Indictment were discussed in the presence of Ivica Rajić (the “Accused”);

DECLARES the Defence’s "Motion on the Form of the Indictment Pursuant to Rule 72" moot;

DIRECTS the Prosecution to file the Amended Indictment within three days of this order;

REQUESTS the Registrar to make arrangements for a further appearance of the Accused, within three weeks of the filing of the Amended Indictment, to enter pleas on the counts of the Amended Indictment;

GRANTS the Accused, in accordance with the understanding reached at the Status Conference, forty-five days from the date of filing of the Amended Indictment to make submissions on the form of the indictment pursuant to Rule 72 of the Tribunal’s Rules of Procedure and Evidence (the "Rules");

NOTES that pursuant to Rule 126 bis of the Rules, the Prosecution has fourteen days from the filing date of any Defence motion to file a reply.

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

Done this 12th day of January 2004
At The Hague,
The Netherlands

___________
Judge Daqun Liu,
Presiding Judge, Trial Chamber I

[Seal of the Tribunal]

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