Tribunal Criminal Tribunal for the Former Yugoslavia

Page 8232

1 Thursday, 29 November 2007

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 3.06 p.m.

5 JUDGE PARKER: Good afternoon. We've assembled at relatively

6 short notice because it is now anticipated that we will be able to

7 continue with the evidence of the remaining Prosecution witness.

8 The circumstances give rise to particular concern about our

9 capacity to deal with the evidence of this witness and to conclude the

10 formalities of the Prosecution case, and to deal with the procedural

11 issues for the commencement of the Defence case. Two reasons put that

12 under pressure. First, there is a concern of Ms. Residovic that we not

13 sit on Tuesday and Wednesday of next week because she is before the

14 Appeals Chamber, and, secondly, there is a concern that I cannot be

15 available after Friday of next week because I have a need for some

16 surgery. And in the days when it was thought certain that we would have

17 finished the Prosecution by then, I have arranged for the listing of that

18 surgery at a time which means that I cannot sit beyond Friday. For that

19 reason, it would be helpful in our assessment of the time if the Defence

20 counsel were in a position now to indicate whether it is proposed that

21 there be a Rule 98 bis motion, because that would need to be fitted into

22 next week as well.

23 Is it possible to give an indication about that, Ms. Residovic?

24 MS. RESIDOVIC: [Interpretation] Yes, Your Honours.

25 The Defence considered the question about submission of requests

Page 8233

1 under Rule 98 bis, and after we have researched the complete

2 jurisprudence, we decided to inform the Chamber that we will not use the

3 Rule 98, and we will not submit that request.

4 Thank you.

5 JUDGE PARKER: Thank you very much.

6 Mr. Apostolski, are you in a position to indicate your situation?

7 MR. APOSTOLSKI: [Interpretation] Good afternoon, Your Honours.

8 Allow me first to give you my best wishes for your surgery, and I

9 would like to say that the Defence of Mr. Tarculovski also conceded the

10 jurisprudence and the documents that were at our disposal, as well as the

11 exhibits, and the Defence of Mr. Johan Tarculovski will not submit request

12 of Rule 98 either. So the Trial Chamber will have a clear position to

13 make the timetable and schedule the further trial, and for the future

14 course of the trial itself.

15 JUDGE PARKER: Thank you for that, Mr. Apostolski, on both counts.

16 The indication then is that if we are very disciplined about time

17 in dealing with the evidence of this witness, both in chief and

18 cross-examination, we ought to be able to deal with the evidence and

19 conclude it and then deal with the other procedural matters, without

20 having to sit on Tuesday and Wednesday, which I'm sure will be a great

21 relief for Ms. Residovic. It could even be that we will have concluded

22 her cross-examination by Monday evening, which would, I'm sure, enable her

23 to face the Appeals Chamber with a freer and easier mind. And we will,

24 therefore, I hope, be able to concentrate our efforts on dealing as

25 directly and as relevantly as possible with the material evidence of this

Page 8234

1 witness.

2 There are other procedural matters that will need to be dealt

3 with, and they will all have to be concluded by the end of Friday's

4 sitting.

5 It seems possible for us to sit tomorrow longer hours than normal,

6 and similarly on Monday, so we would propose to sit across the mid-break,

7 the lunch break, and be able to get three full sessions of an hour and a

8 half in on each of those days. That will assist us as well.

9 This afternoon, because of the proceeding that was held in this

10 courtroom before we came in, we will have time for just two one and a

11 half-hour sessions with a break in between, which means we will finish

12 before 7.00 this evening.

13 If there is no particular matter, we will now call the witness.

14 Ms. Residovic.

15 MS. RESIDOVIC: [Interpretation] I would just like to express my

16 gratitude for the understanding the Trial Chamber has shown and the

17 understanding that I have other duties as well in the Appeals Chamber.

18 Thank you very much.

19 JUDGE PARKER: I'm glad it's been possible to fit in, and if we

20 can really concentrate ourselves on the important parts of the evidence, I

21 think we could even finish your cross-examination before you have to

22 concentrate on the Appeals Chamber.

23 We will call the witness, and while that is occurring, because of

24 the orders that have been made, we will move into closed session for the

25 purposes of the evidence of this witness.

Page 8235

1 [Closed session]

2 (redacted)

3 (redacted)

4 (redacted)

5 (redacted)

6 (redacted)

7 (redacted)

8 (redacted)

9 (redacted)

10 (redacted)

11 (redacted)

12 (redacted)

13 (redacted)

14 (redacted)

15 (redacted)

16 (redacted)

17 (redacted)

18 (redacted)

19 (redacted)

20 (redacted)

21 (redacted)

22 (redacted)

23 (redacted)

24 (redacted)

25 (redacted)

Page 8236











11 Pages 8236-8298 redacted. Closed session.















Page 8299

1 (redacted)

2 (redacted)

3 (redacted)

4 (redacted)

5 (redacted)

6 (redacted)

7 (redacted)

8 (redacted)

9 (redacted)

10 (redacted)

11 (redacted)

12 --- Whereupon the hearing adjourned at 6.31 p.m.,

13 to be reconvened on Friday, the 30th day of

14 November, 2007, at 9.30 a.m.