1 Monday, 21 April 2008
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 2.15 p.m.
5 JUDGE MOLOTO: Good afternoon to everybody in and around the
7 Madam Registrar, would we please call the case.
8 THE REGISTRAR: Good afternoon, Your Honour, good afternoon
9 everyone in the courtroom. This is case number IT-04-83-T, The
10 Prosecutor versus Rasim Delic.
11 JUDGE MOLOTO: Thank you very much. Could we have the
12 appearances for today, starting with the Prosecution.
13 MR. WOOD: Yes. Good afternoon, Mr. President. Kyle Wood,
14 Aditya Menon, legal intern Sarah Houlihan, for the Prosecution, assisted
15 by Alma Imamovic our case manager.
16 JUDGE MOLOTO: Thank you very much.
17 And for the Defence.
18 MS. VIDOVIC: [Interpretation] Good afternoon, Your Honour, good
19 afternoon to my learned colleagues from the Office of the Prosecutor, and
20 to everyone in and around the courtroom. Vasvija Vidovic and Nicholas
21 Robson for the Defence of General Rasim Delic, with our legal assistant
22 Lana Deljkic.
23 JUDGE MOLOTO: Thank you very much, Madam Vidovic.
24 Madam Vidovic or Mr. Robson.
25 MR. ROBSON: Your Honours, I was to deal with the witness this
1 afternoon; and, therefore, I'm standing to address the Bench.
2 I must inform you that the Defence team has taken the decision
3 not to call the witness this afternoon. Today, we are had an opportunity
4 to carry out a consultation with the witness; and, as a result, we
5 decided that we wouldn't call him.
6 I apologise to my learned friends on the opposite bench for any
7 inconvenience that they may have been caused and, indeed, to the Trial
8 Chamber as well. Also, I would like to put on record our gratitude to
9 the American government for the assistance that they have provided to us,
10 and it was very gratefully received.
11 There we have it, Your Honours, in a nutshell. The decision was
12 taken; and, therefore, there will be no witness this afternoon.
13 I can also confirm to that you the witness was due to be our
14 final witness in this case, and we will not be calling any further
15 witness as part of the Rasim Delic case.
16 So, effectively, Your Honours, we have concluded the Defence
17 case. What I can notify you of is that we filed our second bar table
18 motion this morning. I was informed that it was filed before lunch. I
19 haven't myself had a chance to confirm whether or not that this is the
20 case. My understanding is that that motion was filed this morning, but
21 essentially that is the position.
22 JUDGE MOLOTO: Formally, the Defence rests?
23 MR. ROBSON: Indeed, Your Honour.
24 JUDGE MOLOTO: Thank you very much.
25 Just one little housekeeping matter. The Trial Chamber renders
1 its oral decision concerning the admission of exhibits. The Trial
2 Chamber's admission of Exhibits 1316 and 1317 on the 17th of March, 2008
3 has been subject to an interlocutory appeal and a ruling by the Appeals
4 Chamber of the 15th April 2008.
5 The Trial Chamber has made its subsequent admission of Exhibits
6 1375 and 1376 contingent on the outcome of that appeal. The Trial
7 Chamber holds that Exhibits 1316, 1317 --
8 [Technical difficulty]
9 JUDGE MOLOTO: Thank you very much. Shall I start over again?
11 The Trial Chamber renders an oral decision concerning the
12 admission of exhibits. The Trial Chamber's admission of Exhibits 1316
13 and 1317 on the 17th of March, 2008 has been subject to an interlocutory
14 appeal and a ruling by the Appeals Chambers of the 15th April 2008.
15 The Trial Chamber has made its subsequent admission of Exhibits
16 1375 and 1376 contingent on the outcome of that appeal. The Trial
17 Chamber holds that Exhibits 1316, 1317, 1375, and 1376 shall be expunged
18 from the trial record. A written decision giving reasons will follow in
19 due course.
20 Is the transcript on?
21 JUDGE LATTANZI: Yes, it is.
22 JUDGE MOLOTO: Thank you.
23 Does the Chamber have to adjourn to a specific date or to a date
24 to be arranged?
25 Mr. Wood.
1 MR. WOOD: The Prosecution has nothing further, Your Honour.
2 JUDGE MOLOTO: Madam Vidovic.
3 MS. VIDOVIC: [Interpretation] Your Honour, the Defence also has
4 nothing further to add.
5 JUDGE MOLOTO: Okay.
6 [Trial Chamber confers]
7 JUDGE MOLOTO: Mr. Wood, does this mean that the Prosecution does
8 not intend to call in for rebuttal.
9 MR. WOOD: That's correct, Mr. President.
10 JUDGE MOLOTO: Thank you so much.
11 In that event, then the matter stands adjourned to a date to be
13 Court adjourned.
14 --- Whereupon the hearing adjourned at 2.24 p.m.,
15 sine die