Tribunal Criminal Tribunal for the Former Yugoslavia

Page 2901

1 Friday, 8 March 2002

2 [Open session]

3 --- Upon commencing at 9.05 a.m.

4 [The accused entered court]

5 JUDGE AGIUS: Good morning, Mr. Brdjanin. Can you hear me in a

6 language that you can understand?

7 THE ACCUSED BRDJANIN: [Interpretation] Good morning, Your

8 Honours. Yes, I can.

9 JUDGE AGIUS: Thank you. You may sit down.

10 General Talic, can you hear me in a language that you can

11 understand?

12 THE ACCUSED TALIC: [Interpretation] Good morning, Your Honours.

13 Yes, I can.

14 JUDGE AGIUS: Good morning to you.

15 I think we can have the case called, please.

16 THE REGISTRAR: Good morning, Your Honours. This is case number

17 IT-99-36-T, the Prosecutor versus Radoslav Brdjanin and Momir Talic.

18 JUDGE AGIUS: Appearances for the Prosecution.

19 MS. KORNER: Good morning, Your Honours. Joanna Korner for the

20 Prosecution, assisted by Denise Gustin, case manager.

21 JUDGE AGIUS: Good morning to you.

22 Appearances for Mr. Brdjanin.

23 MR. ACKERMAN: Good morning, Your Honours. I am John Ackerman.

24 Ms. Radosavljevic is --

25 JUDGE AGIUS: Is on her way. She just passed through the gallery.

Page 2902

1 MR. ACKERMAN: Okay. She was engaged in an adversarial

2 relationship with a copy machine. I think she'll be here momentarily

3 JUDGE AGIUS: Thank you. That's quite an interesting

4 relationship, I must say.

5 Appearances for General Talic.

6 MR. PITRON: [Interpretation] Good morning, Mr. President. Good

7 morning, Your Honours. For General Talic, Michel Pitron, Natasha Fauveau

8 and Fabien Masson.

9 JUDGE AGIUS: So we can proceed.

10 Are there any preliminaries before we start?

11 MS. KORNER: Just one matter, Your Honour. Your Honour, on the

12 list of witnesses, following the --

13 JUDGE AGIUS: One moment. Let me find my list, because usually I

14 keep that in a special folder, for obvious reasons.

15 Yes.

16 MS. KORNER: Your Honour will see that the next witness after this

17 one should have been number 8. We've already said that we won't be

18 calling him.

19 JUDGE AGIUS: That's what you told me, yes.

20 MS. KORNER: Number 9 will be the following witness, who I

21 anticipate will take a little time. There are a lot of documents.

22 JUDGE AGIUS: Yes.

23 MS. KORNER: Then it's number 10. I tell Your Honour straight

24 away, we have seen him yesterday. We are not satisfied that we can

25 properly put him forward as a witness of truth, and therefore, we do not

Page 2903

1 intend to call him. The evidence largely affected Mr. Brdjanin. I've

2 already told Mr. Ackerman. I don't believe I've told counsel for

3 General Talic. But Your Honour, we do not feel it right to put him

4 forward, and so he will not be called.

5 JUDGE AGIUS: This is 7.152, in other words. No?

6 MS. KORNER: It is, yes. He was a protected witness.

7 JUDGE AGIUS: Yes.

8 MS. KORNER: Your Honours, so the witness after number 7 -- number

9 9 will be witness number 11.

10 JUDGE AGIUS: Yes, okay --

11 MS. KORNER: Your Honour, I anticipate he's likely to be a lengthy

12 witness.

13 JUDGE AGIUS: 7.158, I anticipate is going to be a lengthy

14 witness, too.

15 MS. KORNER: He's the one I'm talking about. He really is going

16 to be lengthy.

17 JUDGE AGIUS: I think so. From what I have read -- I've read his

18 statements and also seen the documents that you have listed. And it's

19 going to take --

20 MS. KORNER: Yes, Your Honour, that's the difficulty of course.

21 He's one of the witnesses who is able to, if I can put it this way, give

22 indicia of reliability to these documents. And I'm afraid the only way of

23 doing it is taking the --

24 JUDGE AGIUS: Yes. No, no, I'm not commenting on that.

25 MS. KORNER: Your Honour, I don't think -- if I can just very

Page 2904

1 quickly deal with -- there's no realistic prospect that we can complete

2 the Banja Luka municipality before the Easter break. The witness, as I

3 say, number 11, is also likely to be lengthy.

4 Your Honour, I'm going to return to the question of witness

5 summons next week. I'm just -- I just need to get some further

6 information. And we anticipate that witness 7.4, he was missed out of the

7 list originally, but I think he comes -- I've forgotten what number he is

8 now.

9 JUDGE AGIUS: Number 15 he is now.

10 MS. KORNER: Number 13. Sorry?

11 JUDGE AGIUS: 15. 15, I have it.

12 MS. KORNER: Yes, we are anticipating that numbers 15 and 16,

13 that's 7.46, will not now be called until after the break.

14 JUDGE AGIUS: Okay.

15 MS. KORNER: 15, guessing, not too long. 16, 7.46, clearly is

16 going to be a lengthy witness as well.

17 JUDGE AGIUS: I don't know. I haven't ...

18 MS. KORNER: Your Honour, you haven't got the statements yet.

19 We'll make sure that before the Easter break you get both statements.

20 JUDGE AGIUS: Okay.

21 Yes. Anything else before we bring in the witness?

22 Yes, Mr. Ackerman.

23 MR. ACKERMAN: There's the matter I raised right at the end

24 yesterday, Your Honour, which must be dealt with in closed session.

25 JUDGE AGIUS: Yes. Can we go in closed session, please.

Page 2905

1 [Closed session]

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Page 2996

1 --- Whereupon the hearing adjourned

2 at 1.44 p.m., to be reconvened on Monday,

3 the 11th day of March, 2002, at 9.00 a.m.

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