Tribunal Criminal Tribunal for the Former Yugoslavia

Page 218

1 Wednesday, 21 March 2007

2 [Open session]

3 [The accused entered court]

4 [Status Conference]

5 --- Upon commencing at 2.14 p.m.

6 JUDGE PARKER: If the registrar would call the case, please.

7 THE REGISTRAR: Good afternoon, Your Honour. Case number

8 IT-04-82-PT, the Prosecutor versus Ljube Boskoski and Johan Tarculovski.

9 JUDGE PARKER: Thank you very much.

10 Appearances first for the Prosecution.

11 MR. SAXON: Dan Saxon for the Prosecution, Your Honour, together

12 with my colleague Joanne Motoike, Mr. Matthias Neuner, and our case

13 manager Lakshima Walpita; and, just if I may, Your Honour, you may have

14 heard that I'm less than 100 per cent healthy lately. I may leave this

15 conference to a scheduled doctor's appointment with your leave.

16 JUDGE PARKER: Mr. Saxon, you have my special understanding and

17 sympathy having just got free of surgeons hands myself.

18 Appearances then for Mr. Boskoski.

19 MS. RESIDOVIC: [Interpretation] Good afternoon, Your Honour.

20 Appearing for Mr. Boskoski, Guenal Mettraux, co-counsel; Edina Residovic,

21 counsel; Jasenka Residovic, legal assistant and case manager. Thank you.

22 JUDGE PARKER: Thank you very much indeed. And for

23 Mr. Tarculovski.

24 MR. APOSTOLSKI: [Interpretation] Good day, Your Honour. Mr. Johan

25 Tarculovski, Antonio Apostolski, lead counsel; and Mr. Jordan Apostolski,

Page 219

1 case manager.

2 JUDGE PARKER: Thank you. May I once again welcome counsel, and

3 inquire now whether each accused are receiving a translation that is

4 enabling them to follow the proceedings. Is that so, first of all,

5 Mr. Boskoski?

6 THE ACCUSED BOSKOSKI: [Interpretation] Yes, sir. We get

7 translation. We are able to follow the procedure, Your Honour.

8 JUDGE PARKER: Thank you. And Mr. Tarculovski.

9 THE ACCUSED TARCULOVSKI: [Interpretation] I also, Your Honour.

10 JUDGE PARKER: Thank you very much.

11 Now, we are sitting today for a further Status Conference in this

12 case, having regard to the plan that would enable a start to this case in

13 the next month. May I commence by apologising to all that it is not been

14 possible to issue decisions in a number of motions that are presently

15 before the Chamber. The essence of the delay is in the appointment of the

16 actual Chamber to conduct the case. I've just within the last hour spoken

17 to the President, and he hopes to have responses from New York that will

18 enable him to make the final appointments, he hopes by the end of this

19 week.

20 Once those appointments are made, there are drafts ready on nearly

21 all the decisions and the other is imminent so that we could have a great

22 flood of decisions happening very shortly, and that, I know, will enable,

23 then, all counsel to prepare with greater certainty and greater awareness

24 of what it is that they will be dealing with in the way of witnesses,

25 exhibits, experts and the like. I regret that it has just been this

Page 220

1 administrative difficulty.

2 It's been complicated by unexpected happenings in other trials,

3 which have put into question how the Trial Chamber for this case would be

4 constituted. Those issues have been resolved, and we simply wait on

5 decision from New York to enable the appointment.

6 So I hope that explanation will assist you to understand, and that

7 had it will be possible for you to continue with the orderly preparation

8 of your case without too much disturbance because of this unexpected

9 delay.

10 Now, there was an issue, I think, affecting Mr. Apostolski in

11 particular, concerning an assistant counsel. Are you able to indicate

12 whether that matter is nearing resolution?

13 MR. APOSTOLSKI: [Interpretation] Your Honour, this issue will be

14 resolved maybe during this very day, because we are awaiting a

15 confirmation from co-counsel, Jasmina Zivkovic, for her to be confirmed as

16 a co-counsel.

17 JUDGE PARKER: Good. I think the nature of the trial will be one

18 that will require a -- quite a bit of work in a fairly confined time, and

19 I think that a second counsel will make a big difference to your capacity

20 to deal with the demands of the trial.

21 When we were last at a Status Conference, there was pending an

22 issue concerning the languages at the trial. I understand that in the

23 meantime it has been possible for administrative arrangements to be made

24 that will enable a B/C/S translation, as well as the translations we were

25 expecting of Macedonian, Albanian, French, and English. So as long as we

Page 221

1 don't get witnesses from other countries, we will be able, I hope now, to

2 enable all participants to follow the proceedings with ready convenience.

3 There appears to still be a few issues to be finalised concerning

4 the preparation of documents by all parties, especially in their

5 translation. I wonder, Mr. Saxon, whether you would be able to bring me

6 up to date on that, from your point of view.

7 MR. SAXON: Very well, Your Honour.

8 Your Honour, the -- from the Prosecution's perspective, we are

9 fully in compliance with our obligation according to the practice of this

10 Tribunal to provide all of our Rule 65 ter exhibit to the accused in a

11 language that they understand. That work is now complete.

12 With regard to translations from Macedonian or other languages

13 into English, there are still some documents on the Prosecution's exhibit

14 list that CLSS is still working on, but I'm optimistic that between now

15 and the start of the trial these document will be available to us in

16 English so there -- there is no issue ever any delay in the start of the

17 trial.

18 I would like to clarify something that I noticed by reading the

19 transcript of yesterday's Rule 65 ter Conference, and I believe before I

20 went home ill yesterday, I managed to confuse my co-counsel, Ms. Motoike,

21 which then perhaps caused some concern with my learned colleagues

22 regarding to the issue of certain translations, and it's simply this.

23 It's regarding the Prosecution's position concerning source

24 materials for the expert report of Viktor Bezruchenko who is the

25 Prosecution's military analyst in this case. And as you are probably

Page 222

1 aware, Your Honour, the Prosecution just out of a sense of order and

2 completeness placed all of that source material at the end of its first

3 amended exhibit list. There was a brief discussion yesterday afternoon, I

4 noticed, regarding the Prosecution's translation obligations for such --

5 for such documents.

6 As Mr. Mettraux rightly pointed out, any documents which the

7 Prosecution tenders in this case will be translated into English, one of

8 the official languages of this Tribunal. And as I said before, that

9 process is well under way now by CLSS.

10 The practice of the ICTY requires exhibits on the Prosecution's

11 Rule 65 ter list to be translated into the language of the accused; in

12 this case, Macedonian. All the exhibits on the Prosecution's first

13 amended exhibit list, with the exception of some exhibits that are source

14 material to Viktor Bezruchenko's expert report, have been translated into

15 Macedonian and disclosed to the Defence.

16 In this case, several hundred pages of source materials to Viktor

17 Bezruchenko's expert report are in English, and the Prosecution's position

18 has been for the past year that it is not required to translate such

19 material into Macedonian, although much of the material quite frankly is

20 in the original Macedonian language.

21 However, to facilitate the work of the Defence, the Prosecution

22 has translated to date and disclosed approximately 75 per cent of this

23 source material from English into Macedonian, and it is endeavouring to

24 complete this process as soon as possible. Certainly it will be complete

25 well before Mr. Bezruchenko testifies in this case, if he is permitted to

Page 223

1 do so.

2 JUDGE PARKER: Thank you for that, Mr. Saxon. And especially your

3 clarification about that source material so that the translations are

4 being completed and would be available before the witness is called.

5 Thank you.

6 Ms. Residovic, is there anything, any issue concerning

7 translations of material that you wish to report or to raise?

8 MS. RESIDOVIC: [Interpretation] Your Honour, we have just heard

9 the explanation, and we are satisfied that all the documents on the

10 Prosecutor's list will be also be translated into the working language of

11 the Court, but also the language of the accused. That was a question that

12 remained open yesterday.

13 As for other issues, the documents which we intend to use in the

14 course of the proceedings, either exhibit -- as exhibits or for

15 cross-examination purposes, will be translated in the usual way through

16 the Tribunal service; and in spite of the best efforts of the CLSS, we are

17 still experiencing significant problems. However, I believe that with the

18 support of the Court if priority is given to Defence documents as well, we

19 will be able to complete the process successfully by the start of trial or

20 at least by the time we need to use the documents.

21 In our communication with the Prosecutor's office concerning other

22 issues such as agreeing to the authenticity of exhibits, it will be

23 important for us to be informed who is translating the documents, because

24 many of the documents we receive from the Prosecutor, as a Prosecutor

25 himself as confirmed, were not translated by CLSS, but have been

Page 224

1 translated by persons unknown to us.

2 In order for us to evaluate the authenticity of documents, we wish

3 to know the source, or rather, the person or persons engaged in

4 translating the documents. These are the questions we have, and the

5 problems we are running into as concerns translations.

6 Thank you.

7 JUDGE PARKER: Thank you very much.

8 Mr. Saxon.

9 MR. SAXON: If I may just briefly respond, because Ms. Residovic

10 touched on an issue that I wanted to raise anyway today.

11 The Prosecution does not understand clearly what the connection is

12 between the authenticity of a document and the question of who translates

13 that document from one language into another. It seems to the Prosecution

14 that these are two very separate issues. The -- the accused Boskoski or

15 counsel for accused Boskoski has inquired, I think, at least twice now to

16 the Prosecution as to which of the exhibits on its exhibit list have been

17 translated into English by persons other than members of CLSS or staff of

18 CLSS, and the Prosecution has provided Defence counsel with a list of

19 those exhibits that have been translated not by CLSS but by employees of

20 the OTP itself.

21 If the Defence want to challenge the accuracy or sufficiency or

22 clarity of any such translations, we ask the Defence to notify the

23 Prosecution immediately so that we can hopefully discuss these issues,

24 review the translations that the Defence has concerns about, if necessary,

25 obtain a revised translation. But for obvious reasons, we would like to

Page 225

1 address these issues and hopefully resolve them now prior to the start of

2 the trial than after the witnesses are beginning to testify.

3 JUDGE PARKER: Thank you.

4 Could I indicate for your assistance, Ms. Residovic, that from the

5 point of view of the practice of the Tribunal, the obligation is to

6 provide a translated document. The concern you have about the identity of

7 a particular translator is not one that is the subject of any rule nor of

8 any practice of the Tribunal, and it would not be a basis for a challenge

9 to the translation simply that this was a particular document which was

10 translated by person X or person Y. What is the established practice is

11 that if a party considers that a translation provided is not accurate,

12 then the party may dispute the accuracy of that translation.

13 I understand from what has occurred, and from Mr. Saxon's

14 explanation, that you have been informed which documents, in fact, are

15 translations prepared by staff of the OTP and which documents are

16 translated by the Tribunal's translation service. That cooperation will

17 enable you perhaps to focus your attention if you have any concerns that

18 the translations may be less than adequate. But really, it's for you, if

19 you are concerned, to challenge the accuracy of a translation and to

20 indicate the basis for your concern.

21 That being made clear, as long as Mr. Saxon continues to assist

22 you by letting you know which documents are those of the translation

23 service and which are prepared by ours, then I really don't think that the

24 Chamber would have any further interest in the matter, and it would be

25 entirely for you, if you are concerned about a particular translation,

Page 226

1 then to raise that perhaps first with the Prosecution, but then there is

2 no satisfaction certainly to raise it with the Chamber.

3 Thank you for that.

4 Now, if I could ask you, Mr. Apostolski, whether there are any

5 issues that affect you or concern you about the matter of translations.

6 MR. APOSTOLSKI: [Interpretation] Your Honour, in respect to the

7 translations, we may inform the Court that we are in the process of

8 translating our documents that have been submitted by the CLSS. The only

9 thing I would like to ask the Court is to accelerate the translation

10 procedure, to make it as fast as possible, because we need those documents

11 in the cross-examination.

12 JUDGE PARKER: I wish I had a magic wand, Mr. Apostolski. But the

13 problem is there are a certain number of translators who must deal with

14 the needs of this case, which is the only Macedonian case, and I know that

15 they are working at the limits of their capacity. Now, the consequence of

16 that is that not all documents can be available now. The service is well

17 aware of the date planned for the start of the trial, and I know they are

18 giving their best efforts to try to ensure that the documents are

19 available by then.

20 So I'm afraid we must accept that there are some limitations on

21 the capacity to provide the translation of the very significant number of

22 documents that are concerned when we're dealing with a language that is

23 not one of the authorised languages of the Tribunal. So we expect to get

24 there but I can't just say, Work harder. They are working hard now.

25 Well, thank you for that.

Page 227

1 Disclosure, Mr. Saxon.

2 MR. SAXON: Your Honour, with respect to Rule 66(A)(ii), the

3 Prosecution is up to date.

4 With respect to Rule 66(B), as I explained before, the Prosecution

5 is also up to date, including with respect to translations.

6 With respect to the Prosecution's disclosure obligations pursuant

7 to Rule 68, as you know, that process is ongoing and will be ongoing

8 throughout these proceedings.

9 The Prosecution has commenced its so-called updated electronic

10 searches of its evidentiary collections based on the search criteria that

11 it has been using for the past 18 months. The trial team is begun

12 reviewing the results of these searches and commenced disclosure of

13 material that has been identified as following within the scope of Rule

14 68.

15 At the last Status Conference in December, the Prosecution asked

16 the Defence to review the search criteria to see if they were all still

17 necessary, in the hopes that if some of these search criteria could be

18 dropped, the workload could be reduced for both parties. The Prosecution

19 did not receive any response from the Defence and, therefore, these

20 updated searches are continuing as initially planned.

21 JUDGE PARKER: When does that mean that they will finish,

22 Mr. Saxon?

23 MR. SAXON: Your Honour, I cannot give you a precise date because

24 this work depends on a particular unit of the Prosecution, of the OTP,

25 that is performing these searches, and this is not the only case for which

Page 228

1 these searches are performed. But it is my understanding that this set of

2 updated searches will be completed during the spring, certainly well

3 before the trial is completed.

4 JUDGE PARKER: That's not a very encouraging statement, Mr. Saxon.

5 To be told in the closing stages of a trial that some documents have just

6 been discovered or a new witness has just been identified when that

7 information was known to the Prosecution before the trial commenced, well,

8 that perhaps not identified for relevance can be productive of a great

9 deal of difficulty and inconvenience.

10 MR. SAXON: I take Your Honour's point. With your leave, may I

11 have your permission to consult with the unit that is performing the

12 searches and perhaps get a more fixed deadline from them, and I will

13 report that at the Pre-Trial Conference.

14 JUDGE PARKER: Thank you. Could I also inquire do I take it

15 answer that the present Rule 68 material that has been identified that

16 that has already been translated. Is that what you're saying? Sorry, I'm

17 wrong there. That any Rule 68 material that is known and has been

18 identified has been the subject of appropriate notice to the Defence.

19 MR. SAXON: That is correct, Your Honour.

20 And this process began actually in early Autumn of 2005 and is

21 continuing to date.

22 JUDGE PARKER: Thank you.

23 Is there any disclosure issue that concerns either Defence.

24 Ms. Residovic.

25 MS. RESIDOVIC: [Interpretation] Your Honour, since the last Status

Page 229

1 Conference, the OTP has provided us with 16 batches with new documents,

2 new witness statements, new experts, and also these batches contain the

3 answers to some questions that the Defence asked the Prosecution. After

4 five and a half years of investigation, less than a month before the start

5 of trial, the OTP should finally make it possible for to us know that we

6 do have all the statements, all the witnesses, all the document disclosed

7 to us, because, Your Honours, we are preparing on the basis of the witness

8 lists and the documents that the OTP has disclosed to the Defence to date.

9 As for 68 -- Rule 68 disclosure, it's true that the Prosecutor has

10 submitted to us a list of key words which they used to search the

11 material, and they have disclosed over 30.000 documents to us. But as we

12 have already submitted to the Trial Chamber a motion under Rule 68, it is

13 our position that the fact that the OTP has conducted the search according

14 to selected key words does not satisfy the Prosecutor's obligation to

15 establish whether these documents truly meet the criteria of Rule 68 in

16 our case, as regards the counts in the indictment.

17 For this reason we submitted our motion and the arguments that we

18 have submitted. I do not wish to repeat those arguments now because the

19 Office of the Prosecutor will probably respond to those in time.

20 Thank you.

21 JUDGE PARKER: Thank you very much.

22 MR. SAXON: Your Honour.

23 JUDGE PARKER: Mr. Saxon.

24 MR. SAXON: Your Honour, I have an answer to the question that you

25 asked several moments ago.

Page 230

1 JUDGE PARKER: That was quick.

2 MR. SAXON: We do the best we can, Your Honour, probably not quick

3 enough but ...

4 It is excepted that these updated searches, in other words, the

5 second round of such searches, will be completed within the next three

6 weeks, and after that we'll -- we'll need some time for the Prosecution

7 team to review the results of the searches to see if there is any material

8 disclosable under Rule 68 contained within it. But it shouldn't then be

9 too far from now.

10 JUDGE PARKER: Thank you.

11 Mr. Apostolski.

12 MR. APOSTOLSKI: [Interpretation] Your Honour, after the

13 discussions with several of the witnesses for whom we believe that they

14 might be beneficial for the accused, we ascertained that those have been

15 interrogated by the OTP. Considering that those statements were not

16 disclosed by the OTP, we have asked the OTP to respond upon that motion.

17 So in the direct correspondence with my learned colleague, the Prosecutor,

18 we agreed that we would indicate more precisely the names of those

19 witnesses and it's OTP should respond on that.

20 Thank you.

21 JUDGE PARKER: Thank you, Mr. Apostolski. And I could observe

22 that seems to be a very practical approach. The range of potential

23 material that has to be examined for Rule 68 is quite enormous; and if

24 you're concerned about particular matters for you to raise that

25 specifically with the Prosecutor, enables attention to be focused and

Page 231

1 ought to ensure that you get the results that you need much more quickly.

2 So thank you, indeed, for that.

3 Now, I have mentioned that the Chamber, as presently constituted

4 is well aware of the number of pending motions, in particular the 92 bis

5 and 92 ter motions that are pending, and the motions concerning expert

6 witnesses and exhibits. And as I've indicated, as soon as the composition

7 of the final -- the final composition of the Trial Chamber to actually

8 conduct the trial is formalised, it is anticipated that decisions will

9 issue very quickly.

10 With that in mind, I wouldn't propose to go through any of those

11 pending motions at this hearing, unless any party sees that there is a

12 particular need to raise any one or more of them. I leave that open in

13 case there is some matter that you feel needs to be mentioned. So first

14 Mr. Saxon.

15 MR. SAXON: Your Honour, for the sake of clarity, it's simply my

16 obligation to notify the Chamber of an error that I noticed in one of

17 these Prosecution's motions just this morning. It is in annex D to the

18 Prosecution's third revised motion for admission of written statements

19 pursuant to Rule 92 bis.


21 MR. SAXON: D as in Daniel, and the error is that simply that in

22 there annex D, for the name Bolton, the Prosecution noted that the witness

23 should not appear for cross-examination, and also that the witness would

24 be -- witness' written statements would be fully subjected to Rule 92 bis.

25 That contradicts what the Prosecution said in the narrative of its motion,

Page 232

1 and that was an error, Your Honour.

2 JUDGE PARKER: So is it the narrative to be preferred to the

3 annex.

4 MR. SAXON: The narrative is the correct legal position, Your

5 Honour, yes.

6 JUDGE PARKER: Thank you for that. Is there any particular matter

7 concerning motions that you feel should be raised, Ms. Residovic?

8 MS. RESIDOVIC: [Interpretation] Your Honour, we simply wish to

9 reiterate what we said yesterday at the 65 ter Conference; that is, that

10 the Defence does not oppose colour pictures being replaced by black and

11 white photographs. That was the last motion by the OTP, although if -- if

12 Your Honours feel that we must submit our response in writing, we will do

13 so, but, otherwise, I hope this can be considered our consent.

14 JUDGE PARKER: Thank you for indicating that, and I am sure that

15 that can be accepted as a sufficient response by you at this stage. There

16 is no advantage to be gained by unnecessary formality of written

17 documents, so any time you wish to indicate your agreement to something

18 for any party that can be done orally at this stage. That will save time

19 an effort for all parties concerned.

20 Mr. Apostolski, any matter you wish to raise about the motions?

21 MR. APOSTOLSKI: [Interpretation] Not, Your Honour, at this stage.

22 JUDGE PARKER: Thank you.

23 Now, I noticed today that we continue to get a quite a number of

24 fresh motions day by day. I hope the enthusiasm of the parties is just

25 about at an end, if we're to cope with the volume that is there. We want

Page 233

1 to have these matters finalised and in order, if we can, before the

2 commencement date.

3 Is there any other issue which any party feels ought to be raised

4 at this time?

5 Mr. Saxon.

6 MR. SAXON: I have a few, Your Honour, if I can indulge your

7 patience for a moment.


9 MR. SAXON: If I may, if you could ask counsel for Mr. Tarculovski

10 to clarify something that I read in the transcript of yesterday's 65 ter

11 meeting, and the need for clarification is this: At pages 327 to 328 of

12 the transcript, counsel for Mr. Tarculovski explained that the accused

13 Tarculovski would agree to the authenticity of a number of Prosecution

14 exhibits. And at least in the English translation, that was the word that

15 was used more than once, "authenticity."

16 And the reason this is important to the Prosecution is in a letter

17 from the 31st of January of this year, which counsel for Mr. Tarculovski

18 sent to the Prosecution, counsel for Tarculovski stated that they would

19 agree to the admissibility of a group of proposed Prosecution exhibits.

20 And, obviously, there is a significant legal difference between the

21 concept of agreeing to this authenticity versus the admissibility of the

22 exhibit itself.

23 And we would just like -- we would just want to know if counsel

24 for the accused Tarculovski could indicate whether they are changing their

25 position laid out in the letter of 31 January, or does it remain the same?

Page 234

1 JUDGE PARKER: Thank you, Mr. Saxon.

2 Are you able to assist us there, Mr. Apostolski?

3 MR. APOSTOLSKI: [Interpretation] In respect to this issue, we will

4 respond in writing. As I mentioned to my learned colleague the

5 Prosecutor, we are constantly making efforts to establish the

6 non-disputable facts, and we still remain the possibility open to have

7 some fact that this is indisputable and to accept it.

8 JUDGE PARKER: When do you think Mr. Saxon might receive your

9 written indication of your position?

10 MR. APOSTOLSKI: [Interpretation] We are reviewing certain points

11 of the indictment, so in the matter of two weeks we will be able to inform

12 the OTP on that.

13 JUDGE PARKER: Thank you. It would be of assistance if you could

14 provide a copy of that advice to the Chamber as well when you are in a

15 position give it to Mr. Saxon, Mr. Apostolski.

16 And you indicated there was more than one matter, Mr. Saxon.

17 MR. SAXON: Yes, there was, Your Honour.

18 I understand that yesterday the question arose whether the

19 Prosecution intended to stand by or change its prior estimate of the time

20 needed for the Prosecution's case in chief. And I would just like to tell

21 the Trial Chamber that at this time we stand by our prior estimate.

22 JUDGE PARKER: Subject to 92 bis, 92 ter.

23 MR. SAXON: Thank you for that qualification, that is a very

24 important qualifications, Your Honour. Subject to the decisions of the

25 Trial Chamber on these motions, yes.

Page 235

1 JUDGE PARKER: So your estimate is based on the acceptance of your

2 motions in full, is that it?

3 MR. SAXON: That is correct, Your Honour.

4 JUDGE PARKER: Thank you.

5 MR. SAXON: Your Honour, I would also like to inform the Chamber

6 and the parties that the Prosecution within the next two weeks will

7 probably file a short addendum to the expert report of its military

8 analyst, Viktor Bezruchenko, and this short addendum will be based on

9 documents recently received from the government of Macedonia.

10 JUDGE PARKER: Thank you.

11 MR. SAXON: And, finally, Your Honour, as you may have heard

12 already, the Prosecution has produced what it refers to as a panorama

13 exhibit of the village of Ljuboten itself and surrounding important

14 landmarks that are relevant to the second amended indictment, and the

15 Prosecution has prepared this visual aid to assist not only the

16 Prosecution but also, if they wish, the Defence and the Trial Chamber at

17 trial, because this effectively would give all parties before the Court

18 the opportunity to show witnesses whether on direct exam or

19 cross-examination virtually a three-dimensional perspective of particular

20 locations that will be discussed during the trial.

21 The Prosecution has prepared what it refers to as a court binder

22 of still photographs of, again, important locations that are related to

23 the allegations in the indictment, and the Prosecution would simply ask

24 perhaps for a moment or two of time at the Pre-Trial Conference on the

25 12th of April to show these visual aids to the Chamber and the Defence, in

Page 236

1 the hopes that the parties can agree that they can be used at trial.

2 JUDGE PARKER: Well, Mr. Saxon, I think we would all understand

3 that any visual or other aid to understanding evidence more clearly is

4 always welcome, but obviously the nature of the two items that you have

5 identified is such that it ought to be the subject of disclosure to both

6 Defence teams beforehand, so that all parties can be assured of the

7 reliability of what you have produced, and it will then be of assistance

8 to the Chamber, if that is the position reached.

9 So your plan that these should be ready and able to be viewed by

10 the Defence teams and the Chamber at the Pre-Trial Conference is, I think,

11 a very sensible and welcome one.

12 MR. SAXON: We actually -- excuse me, the Prosecution showed

13 Defence counsel an early version of both visual aids yesterday, but we

14 will endeavour to finalise both aids and provide copies to counsel prior

15 to the 12th of April.

16 JUDGE PARKER: Thank you.

17 Now, Ms. Residovic, is there any other matter that you wish to

18 raise at this time?

19 MS. RESIDOVIC: [Interpretation] Your Honour, we don't have any

20 issues to raise. We would just like to repeat what our position is. We

21 believe that the OTP has to provide with us a final list of evidence and

22 witnesses because the trial is just about to start; and as has been

23 outlined in the indictment and in the pre-trial brief, the case is as it

24 has been outlined and as it has been outlined by the pre-trial brief of

25 the Defence.

Page 237

1 Any new disclosure provided to us by the OTP as technical

2 solutions or new evidence have to go through a certain procedure allowing

3 the Defence to state their position on the admissibility of such

4 documents.

5 I would like to thank the Registry for their understanding, which

6 has resulted in the use of various languages during the trial and the

7 assistance that has been provided to the Defence by the Trial Chamber. I

8 would also like to thank the OTP and their case managers who will by the

9 3rd of April provide us with EDS version of the evidence that we

10 previously had on CDs.

11 This will allow the Defence to search using different criterias

12 not only the ones we could use for CDs. The Defence does not have any

13 other issues to raise at today's Status Conference. We were in constant

14 contact with the OTP and together we will try to resolve any outstanding

15 issues.

16 Thank you very much.

17 JUDGE PARKER: Thank you, indeed.

18 Mr. Apostolski.

19 MR. APOSTOLSKI: [Interpretation] Your Honour, I fully support my

20 colleague Edina Residovic, especially with regards to the motion to the

21 Prosecutor's office to prepare the final list of witnesses that will --

22 those that will be nominated by the OTP. And I think that in

23 coordination between us and the OTP, if there are other issues, we will

24 resolve them through direct agreements.

25 JUDGE PARKER: Thank you, indeed, Mr. Apostolski.

Page 238

1 I understand, Mr. Saxon, that you are advising the Defence of the

2 first, was it 15 witnesses that you intend to call?

3 MR. SAXON: Correct, Your Honour. We have advised them of our

4 list of the first 15 witnesses, yes.

5 JUDGE PARKER: Thank you, indeed. I think that is a very useful

6 step at this point allowing a more orderly preparation. Thank you.

7 Well, there is no other matter which the Chamber sees as requiring

8 attention. Could I raise with either Mr. Boskoski or Mr. Tarculovski,

9 have any personal issue they wish to raise about the case?

10 Mr. Boskoski.

11 THE ACCUSED BOSKOSKI: [Interpretation] I don't have any, Your

12 Honour. I don't have any issues.

13 JUDGE PARKER: Thank you.

14 Mr. Tarculovski.

15 THE ACCUSED TARCULOVSKI: [Interpretation] Me neither, Your Honour,

16 I don't have any issues.

17 JUDGE PARKER: Thank you, indeed.

18 Well, may I thank counsel then for their attendance and

19 assistance, and we plan next to sit on the 12th of April for the Pre-Trial

20 Conference. So unless something unexpected occurs, we will convene again

21 at that time to consider the final state of the case for trial.

22 Thank you indeed. We are now adjourned.

23 --- Whereupon the Status Conference adjourned at.

24 3.05 p.m.