IT-04-84bis-T D5082 - D5080 27 April 2012

THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

5082
MC

Case No. IT-04-84bis-T

IN TRIAL CHAMBER II

Before:

Judge Bakone Justice Moloto, Presiding Judge Burton Hall Judge Guy Delvoie Mr. John Hocking 27 April 2012

Registrar: Date Filed:

THE PROSECUTOR v. Ramush HARADINAJ Idriz BALAJ Lahi BRAHIMAJ PUBLIC ________________________________________________________________________ IDRIZ BALAJS SUBMISSION IN RESPONSE TO THE TRIAL CHAMBER'S SCHEDULING ORDER OF 23 APRIL 2012 ________________________________________________________________________

The Office of the Prosecutor: Mr. Paul Rogers

Counsel for Ramush Haradinaj: Mr. Ben Emmerson QC Mr. Rodney Dixon

Counsel for Idriz Balaj: Mr. Gregor Guy-Smith Ms. Colleen Rohan

Counsel for Lahi Brahimaj: Mr. Richard Harvey Mr. Paul Troop

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Submission on behalf of Mr. Balaj 1. On 23 April 2012 the Trial Chamber issued a scheduling order in which it asked the parties to file written submissions advising the Trial Chamber as to whether (1) the parties intended to make submissions pursuant to Rule 98bis, and (2) whether any of the Accused intended to present an affirmative defence case.1 2. 3. Mr. Balaj does not intend to make any submissions pursuant to Rule 98bis. Mr. Balaj does have certain written legal submissions to make regarding evidentiary issues arising from evidence presented during the hearing held at the remote location from 16 through 20 April 2012. 4. Mr. Balaj does not intend to present an affirmative defence case subject to an agreement concerning medical evidence. The Prosecution undertakes to review such medical documentation as is presented to it within 7 working days from receipt, and will determine the extent to which it can be agreed. In the event no such agreement can be reached, the Prosecution will file its notice under Rule 94bis(B). If necessary, a limited defence case would be presented on this matter which should not affect the timetable proposed below. The parties believe if such evidence is necessary it will be limited to one expert witness, and will take no more than one court session. Should such expert evidence be called, the Defence understands the Prosecution reserves its right to seek rebuttal evidence. 5. Following discussions between the parties, it is agreed by the Prosecution and the Defence teams that the proposed date for the submission of the Prosecution and the Defence final written briefs should be Monday 11 June 2012. Closing oral submissions of the parties should be heard on Monday 25 June and Tuesday 26 June 2012 subject to court availability. The parties, therefore, jointly request the

Prosecutor v Haradinaj et al., Case No. IT-04-84bis-T, Scheduling Order, 23 April 2012, p. 1.

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Trial Chamber to make a scheduling order with this timetable, after having heard from the parties at the Status Conference on Wednesday 2 May 2012.

Respectfully submitted this 27th day of April 2012,

GREGOR D. GUY-SMITH Lead Counsel for Idriz Balaj

COLLEEN ROHAN Co-counsel for Idriz Balaj

Word count: 365

Case No. IT-04-84bis-T

27 April 2012