Tribunal Criminal Tribunal for the Former Yugoslavia

Page 20688

1 Friday, 29 August 2003

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25 [Open session]

Page 20776

1 JUDGE AGIUS: The name of the witness is protected or not?

2 MS. KORNER: Your Honour, it wasn't protected. It is?

3 MR. ACKERMAN: Yes, I believe so.

4 MS. KORNER: I don't think so.

5 JUDGE AGIUS: I don't remember, honestly.

6 MS. KORNER: It doesn't matter. I think we all know. If Your

7 Honours --

8 JUDGE AGIUS: I'm told by the Registrar that we still need to hand

9 down a written decision on the matter, because that's how it has been done

10 in the past. That's how it needs to be done, because it's then

11 communicated abroad to the authorities that are called upon to - I don't

12 know - to cooperate. But please do expect a follow-up in the form of a

13 written decision. That's number one.

14 We have gone into the matter. We discussed it yesterday and again

15 a little bit today. We see no reason why we should depart from the

16 practice as it has been to date, even though, as submitted by

17 Mr. Ackerman, this is the first time that the in-chief has already been

18 concluded here in open court. We don't see that it makes any difference,

19 the fact that it's only the cross-examination that is going to be relayed

20 and videolink from it. If the system hasn't prejudiced both the in-chief

21 and the cross on previous occasions, I don't see how it can be prejudiced.

22 Of course, you have a right if you want to, as well as the Prosecution,

23 send representatives over there to ensure certain matters. You're free to

24 do that. But not to change the system as we have it. Otherwise it would

25 no longer be a videolink; it will be only a videolink for us, but not for

Page 20777

1 you. And that would change the whole attitude. So that's how decision.

2 And we will hand it down in writing. I've already given instructions to

3 Mr. Roberts to make sure that the draft is prepared and it

4 should be available and filed sometime next week.

5 Anything else you would like to raise before we go out into the

6 sun?

7 MS. KORNER: Nothing.

8 JUDGE AGIUS: Nothing.

9 MS. KORNER: No.

10 JUDGE AGIUS: All right. Thank you.

11 MS. KORNER: There's no sun, Your Honour, but ...

12 JUDGE AGIUS: I know. It's a pity. So we are adjourned until

13 now --

14 MS. KORNER: Your Honour, I think it's the 9th of October.

15 JUDGE AGIUS: 9th of October. And then tell me, please, when this

16 videolink will take place, whether it will be the 10th or the 13th.

17 Mr. Ackerman showed a preference for the 13th.

18 MS. KORNER: Yes. Your Honour, I think it's probably simpler --

19 THE INTERPRETER: Microphone, Ms. Korner, please. Ms. Korner,

20 your microphone.

21 JUDGE AGIUS: And it reminds me that the other part of the

22 decision will be precisely: all this is subject to certification, medical

23 clearance.

24 MS. KORNER: Yes.

25 JUDGE AGIUS: All right? Because if his consultant or his

Page 20778

1 medical advisor says no, then it will be no, obviously.

2 MS. KORNER: Yes.

3 JUDGE AGIUS: All right?

4 MS. KORNER: Your Honour, we'll make the relevant inquiries.

5 Thank you.

6 JUDGE AGIUS: Okay. Thank you. Have a nice weekend, and we'll

7 meet after we have concluded our labours on the Rule 98 bis motion. Thank

8 you.

9 --- Whereupon the hearing adjourned at 12.35 p.m.,

10 to be reconvened on Thursday, the 9th day of

11 October, 2003, at 9.00 a.m.

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