Krajina, Prosecutor v. Brdanin, Decision on Request to Trial Chamber Under Rule 73 to Certify Permission to Appeal Decision on Motion for Acquittal Under Rule 98 bis Dated 19 March 2004, IT-99-36 (ICTY TC, Apr. 23, 2004)

Case No. IT-99-36-R77

IN TRIAL CHAMBER II

Before:
Judge Carmel Agius, Presiding
Judge Ivana Janu
Judge Chikako Taya

Registrar:
Mr. Hans Holthuis

Decision:
23 April 2004

PROSECUTOR

RADOSLAV BRDJANIN

CONCERNING ALLEGATIONS AGAINST MILKA MAGLOV

_____________________________________

DECISION ON REQUEST TO TRIAL CHAMBER UNDER RULE 73 TO CERTIFY PERMISSION TO APPEAL DECISION ON MOTION FOR ACQUITTAL UNDER RULE 98 BIS DATED 19 MARCH 2004

_____________________________________

Amicus Curiae Prosecutor:

Ms. Brenda J. Hollis

Respondent:

Ms. Milka Maglov

Defence:

Mr. Jonathan Cooper

TRIAL CHAMBER II ("Trial Chamber ") 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");

BEING SEISED OF the "Motion by Respondent for Leave to File Reply to Amicus Curiae Prosecutor’s Response to Request to Trial Chamber Under Rule 73 to Certify Permission to Appeal Decision on Motion for Acquittal Under Rule 98 Bis Dated 19 March 2004" ("Motion") filed on 16:15 hours of 20 April 2004;

ALSO BEING SEISED OF the "Reply to Amicus Curiae Prosecutor’s Response to Request to Trial Chamber Under Rule 73 to Certify Permission to Appeal Decision on Motion for Acquittal Under Rule 98 Bis Dated 19 March 2004" ("Reply"), filed on 16:15 hours of 20 April 2004;

NOTING that on 20 April 2004, the Trial Chamber issued its "Decision on Request to Trial Chamber Under Rule 73 to Certify Permission to Appeal Decision on Motion for Acquittal Under Rule 98 Bis Dated 19 March 2004" ("Decision");

NOTING that the Decision was filed on 14:20 hours of 20 April 2004 and therefore before the filing of the Motion and the Reply;

CONSIDERING that in the light of the previously filed Decision the Motion and the Reply are moot;

FOR THE FOREGOING REASONS

PURSUANT to Rules 54 of the Rules of Procedure and Evidence

DISMISSES the Motion.

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

Dated this 23^rd day of April 2004,
At The Hague
The Netherlands

_____________
Carmel Agius
Presiding Judge

[Seal of the Tribunal]

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