1 Wednesday, 29 July 1998
2 (Closed session)
3 --- Upon commencing at 10.03 a.m.
13 Pages 10942 to 11025 redacted - in closed sesion
1 --- On resuming at 3.07 p.m.
2 (Open session)
3 JUDGE JORDA: The hearing is now in session.
4 Would you please, registrar, have the accused brought
6 (The accused entered court)
7 JUDGE JORDA: Mr. Kehoe, you have the floor.
8 MR. KEHOE: Thank you, Mr. President. Good
9 afternoon. Good afternoon, Judge Shahabuddeen.
10 Just a few exhibits, Mr. President, to clean
11 up. We had previously had an exhibit, which was a
12 videotape, and the number of that video is
13 Exhibit 270. When we played that tape, we mistakenly
14 cut off the beginning portion of the tape, and what we
15 would like to do at this point is play the complete
16 copy of that tape.
17 I would also say that I was advised during
18 the playing of that tape that there were several words
19 in B/C/S that were incorrect in the transcript, and we
20 have changed those as well pursuant to instructions
21 from the translators.
22 In any event, Judge, we would ask to
23 introduce into evidence an amended version of
24 Exhibit 270 with the amended transcript.
25 JUDGE JORDA: Are you ending your
1 presentation of evidence this afternoon, Mr. Kehoe?
2 MR. KEHOE: Yes, Mr. President, we will.
3 JUDGE JORDA: Very well, then. Continue.
4 MR. KEHOE: Mr. President, as I noted at the
5 outset, this is a clip that was taken from TV Busovaca,
6 and at this point, we would like to offer into evidence
7 this clip. I do believe that the original had a French
8 translation and this particular version did not have a
9 French translation to date. So if we could just play
10 this tape from the beginning and allow it to play
11 through, we will follow up with the transcript in
13 With all due respect, Mr. Dubuisson, if we
14 could just move to Exhibit 270, whatever the next
15 letter designation is, so if we could keep this tape
16 and transcript in sequence, I think it would be of some
17 assistance in the record-keeping.
18 THE REGISTRAR: For the time being, we have
19 270, which includes a video cassette, images of the
20 events of 15 April, 1993 in Busovaca; we have 270A,
21 which is the transcripts, the French transcripts of
22 Exhibit 270; and 270B, this is the transcript in
23 English of the same exhibit; and in the end, we have
24 270C, which is an excerpt of the cassette, 270, with
25 some images.
1 You are now requesting then that you would
2 like to obtain another letter, 270D, for the entire
4 MR. KEHOE: Yes.
5 THE REGISTRAR: Very well. Then 270D, and
6 270E for the complete transcript in English?
7 MR. KEHOE: Yes.
8 THE REGISTRAR: And 280F for the transcript,
9 the full transcript, in French.
10 MR. KEHOE: When that's completed, I will
11 give you 270F, yes.
12 THE REGISTRAR: Very well.
13 MR. KEHOE: The transcript that had been
14 previously provided in French and English is basically
15 the same as the transcript that we are now presenting
16 other than a few names that were apparently left out.
17 THE REGISTRAR: The document that I have at
18 this moment here is a transcript in English which is
19 numbered 270E.
20 MR. KEHOE: Mr. President, with the French
21 translation in 270B, I believe, Mr. President, you
22 could follow along with a French translation and we can
23 follow the transcript through.
24 JUDGE JORDA: So for the time being, I do not
25 have a French translation, Mr. Kehoe.
1 MR. KEHOE: There is a French translation,
2 270B, Mr. President, and as I noted, the only
3 difference between 270B and 270C, in this particular
4 version, there are a couple of names that I was
5 informed were left out of the tape, and we just tried
6 to make it as accurate as possible. But I think it
7 would be easier for the Court, Mr. President, if
8 Mr. Dubuisson gave 270B to Your Honour and you could
9 follow it through.
10 JUDGE JORDA: I don't know if he has it.
11 Mr. Dubuisson?
12 As far as I'm concerned, I think we can go
13 ahead. Judge Shahabuddeen has his version. I have my
14 version in French. Thank you. We can begin.
15 Mr. Dubuisson?
16 MR. KEHOE: If I could ask the lights be
17 dimmed briefly and we can play the tape.
18 THE INTERPRETER: The interpreters note, if
19 the interpreters are requested to interpret this, we
20 might need a copy of the transcript.
21 THE REGISTRAR: This is a public document.
22 We are in a public session.
23 MR. KEHOE: It is a public document and is in
24 public session. I believe, with the transcripts that
25 are before the court, there is no need for the
1 translation section to translate everything verbatim.
2 What we have before the court is the actual translation
3 section's translation.
4 JUDGE JORDA: Very well.
5 (Videotape played)
6 MR. KEHOE: Mr. President, it appears that
7 even with the new exhibit, the last four lines of the
8 last page did not make it to this video where the
9 individual says that they are going towards the village
10 of Ahmici. That, of course, made it to the previous
11 exhibit, so we can again go back and put the exhibit
12 together and show it to Defence counsel in its toto.
13 I'm not certain why it didn't make it to the super VHS
14 when it did make it to the other copies.
15 In any event, with that caveat, Your Honours,
16 we will offer that these be viewed in tandem and we
17 will, again, supply a corrected copy.
18 JUDGE JORDA: Mr. Hayman?
19 MR. HAYMAN: I would note, for the record,
20 that we have a certain amount of confusion concerning
21 this tape because Mr. Nobilo's office contacted TV
22 Busovaca, the source for the tape, we were told. They
23 informed Mr. Nobilo's office that they never had any
24 contact with anyone from the Office of the Tribunal
25 Prosecutor, including provision of a tape. So we're a
1 little uncertain as to this tape, and the only reason
2 we mention it is there were different portions of the
3 tape. Some of them may have been made by different
4 cameras. We just don't know, and we were attempting to
5 investigate and see if there was any additional
6 footage, and that is the information we were given by
7 TV Busovaca.
8 MR. KEHOE: This particular tape was Busovaca
9 TV tape that was provided to us in a request from the
10 Bosnian government, but the initial source of this, we
11 are informed, is Busovaca TV.
12 JUDGE JORDA: Yes, Mr. Nobilo?
13 MR. NOBILO: Mr. President, when this exhibit
14 is being admitted, the representative of the
15 Prosecutor's office said that the source was Busovaca
16 Television. On the basis of that information, I
17 checked with Television Busovaca and also in the
18 municipality of Busovaca, which is the owner of
19 Busovaca Television, and we received two letters, which
20 are being translated in the registry, from which it
21 emerges that they never provided the Prosecution with
22 such a tape.
23 Today, the Prosecution tells us something
24 else, that the source is no longer Busovaca Television,
25 but rather the army of Bosnia-Herzegovina, which is
1 something quite different from what they had said
3 So could this matter be cleared up in
4 accordance with the rules? The source has to be
5 indicated or a witness has to be brought in to
6 authenticate the exhibit. Thank you.
7 MR. KEHOE: Quite simply, Mr. President, the
8 source of this is Busovaca TV. We made a request of
9 the Bosnian government if there was any film footage
10 concerning this matter. They informed us in giving
11 this that this particular tape is from Busovaca TV.
12 Now, it was handed to us pursuant to a request from the
13 Bosnian government. That's all I know. If there was
14 some lack of clarification in that regard at the
15 outset, I apologise, but that's where it came from.
16 JUDGE JORDA: This is a Rule 71 hearing, and
17 so we are forced then to confer with Judge Riad. So
18 for the time being, we are simply going to say that we
19 will provisionally admit this video cassette, along
20 with explanations given by the Prosecutor and by the
21 Defence, and then we will advise you whether or not
22 this will be admitted as an exhibit, keeping in mind,
23 of course, the objection with regard to the source.
24 Mr. Kehoe?
25 MR. KEHOE: Mr. President, at this point, I
1 will turn the floor over to my colleague, Mr. Cayley.
2 MR. CAYLEY: Good afternoon, Mr. President,
3 Judge Shahabuddeen. The final exhibit is Exhibit 462,
4 if that could be distributed to the Judges and the
5 Defence, please?
6 Exhibit 462, Mr. President, Your Honour,
7 consists of, firstly, two rubrics, the first in French,
8 the second in English, which is a translation of the
9 common terms used in the following 93 death
10 certificates. The 93 death certificates contained in
11 this exhibit are those which were issued in respect of
12 those Bosnian Muslims who were killed on the 16th and
13 17th of April in the municipality of Vitez, and the
14 certificates relate specifically to those who died in
15 Ahmici, Pirici, Santici, and Nadioci, clearly relevant
16 to a number of counts in the indictment.
17 These 93 death certificates do not represent
18 the total number of individuals who were killed. Why
19 is that? Well, there are a number of reasons. First
20 and foremost, in order to obtain a death certificate in
21 Bosnia and Herzegovina, the system is common - in fact,
22 it's common in my country - that an interested party
23 must make an application for a death certificate with a
24 physician's examination record or a coroner's report
25 indicating that the person was dead.
1 In a number of cases, the people that were
2 killed had no living relative remaining to make such
3 application. So the final figure for the dead is
4 unknown but could be in the region of 120. I say that
5 simply to clarify matters, and it may be that in other
6 cases that are heard in this Chamber, the figure may be
8 I don't wish to add anything else. I would
9 simply apply for these to be admitted into evidence.
10 JUDGE JORDA: Mr. Hayman, Mr. Nobilo, no
12 MR. NOBILO: No objection.
13 JUDGE JORDA: It will be admitted. There are
14 no objections.
15 MR. HARMON: Good afternoon, Mr. President,
16 Judge Shahabuddeen, counsel.
17 With that, Mr. President and Judge
18 Shahabuddeen, we have concluded the presentation of our
19 evidence and we rest our case in chief. I would make
20 one request, Mr. President, and that is that the
21 Chamber permit the Prosecutor's office to reserve the
22 opportunity to present evidence that it may receive
23 from the Republic of Croatia and from Bosnia and
24 Herzegovina pursuant to orders that have been issued by
25 this Court and that have not been abided by this
2 Other than that, Mr. President, we rest our
3 case. I would make an additional request of Your
4 Honours, and that is at the conclusion of this public
5 hearing, that we go into a closed session in-camera to
6 further discuss an issue that was raised yesterday with
7 the Trial Chamber. We will be just a matter of minutes
8 in that regard. Thank you.
9 JUDGE JORDA: Mr. Hayman?
10 MR. HAYMAN: With respect to the request to
11 reserve the right to present further evidence, the
12 Defence filed a legal brief on that question as
13 requested by the Court in the middle of June, and we do
14 not have anything to add to the arguments and
15 authorities set forth in that brief.
16 JUDGE JORDA: Thank you. As you know, there
17 are orders, binding orders, which have been issued, but
18 to date -- perhaps we should go to closed session on
19 this note and continue with this as a status conference
20 in closed session.
21 --- Whereupon proceedings adjourned at
22 3.50 p.m. for Status Conference