Tribunal Criminal Tribunal for the Former Yugoslavia

Page 9526

1 Tuesday, 4 June 2002

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 9.06 a.m.

5 JUDGE ORIE: Madam Registrar, would you please call the case.

6 THE REGISTRAR: Case Number IT-98-29-T, the Prosecutor versus

7 Stanislav Galic.

8 JUDGE ORIE: Thank you very much, Madam Registrar.

9 Good morning to everyone in this courtroom. If there are no

10 issues to be raised -- you never disappoint me, Mr. Piletta-Zanin. Please

11 proceed.

12 MR. PILETTA-ZANIN: [Interpretation] Mr. President, thank you very

13 much. There is a matter that we need to raise. It has to do --

14 representatives of the [redacted] that I am

15 greeting here, I would like to specify that General Galic would like to

16 say that himself and his country had the greatest respect for [redacted]and

17 her government. Now, unfortunately, I have to say this without the

18 representatives of the government.

19 MR. IERACE: I am not sure that we are in closed session.

20 JUDGE ORIE: We are not at this moment.

21 Mr. Piletta-Zanin, if it is about the presence of, let me say, our

22 guests today, then we have to turn into closed session and if it is not

23 about the testimony itself, but about other issues, I have to ask the

24 representatives or guests of today perhaps to leave the courtroom for a

25 second so that you can raise the issue. And at the same time, I would

Page 9527

1 then turn into closed session.

2 [Interpretation] Could I ask you please to leave the courtroom for

3 a minute or two?

4 [In English] I have confirmed in my screen that we are in closed

5 session now, please proceed, Mr. Piletta-Zanin.

6 [Closed session]

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Page 9575

1 [redacted]

2 [Open session]

3 JUDGE ORIE: We will then now turn into open session. Yes, we

4 are in open session now.

5 Mr. Ierace.

6 MR. IERACE: Thank you, Mr. President. In relation to the time

7 table for the rest of the week, there are some difficulties. Unlike last

8 week, this week we have a surfeit of evidence. On Friday we have General

9 Van Baal and it is important that his evidence does indeed commence on

10 Friday morning because we have some specially arranged interpreters in the

11 Dutch language. I have in mind that if his evidence is not completed on

12 that day, then we will arrange a day further, later in the Prosecution

13 case, for it to be completed. We will bring him back, probably towards

14 the end of June or the last -- the first week in July.

15 Mr. President, on Thursday, coming back a day, we have David

16 Harland and as I explained last week there are some pressing and

17 unavoidable personal reasons pertaining to him, which really require that

18 his evidence also commences on 9.00 on Thursday morning. He would not be

19 able beyond Thursday for some time. I am hopeful that we can finish his

20 evidence on Thursday.

21 That brings us back to tomorrow. It is now abundantly clear that

22 there is no prospect of Mr. Turner being reached. Indeed, there is every

23 prospect that tomorrow would be insufficient to finish Richard Mole and

24 Witness W. I, therefore, propose that we finish Witness W and in any

25 remaining time we continue with Richard Mole, but then Richard Mole would

Page 9576

1 have to go over to a later date. At least he is coming from an almost

2 neighbouring state, the United Kingdom, and relatively speaking, there

3 would be less disruption and cost then if he was coming from further

4 afield.

5 So, Mr. President, perhaps I should sit down at this point and

6 just having made those observations, inquiries whether that is acceptable

7 to the Trial Chamber and to my learned colleagues. Thank you.

8 JUDGE ORIE: May I, Mr. Piletta-Zanin, first give you or Ms.

9 Pilipovic the opportunity to respond.

10 MS. PILIPOVIC: [Interpretation] Your Honour, I am just looking at

11 the schedule and the Defence is preparing itself according to the schedule

12 received on the 31 of May. So considering the number of witnesses and the

13 change in the schedule that we just heard from my learned colleague, the

14 Defence will not be able to prepare itself for examination of Mr. Harland

15 or Mr. Van Baal, particularly bearing in mind their statements which are

16 quite voluminous and the materials attached to them, to both -- in

17 relation to both Mr. Harland and Mr. Van Baal. Perhaps if we can be more

18 efficient in preparing ourselves, perhaps we shouldn't resume with

19 Mr. Mole, but maybe his examination should be moved to another date, in

20 order to prepare ourselves for Mr. Harland and Mr. Van Baal.

21 JUDGE ORIE: Ms. Pilipovic, may I ask you, Mr. Harland and

22 Mr. Van Baal were scheduled for this week; that is, the 6th and the 7th of

23 June. So I do not fully understand why since additional preparation for

24 Mr. Tucker will not be necessary at this moment, why the Defence would not

25 be prepared.

Page 9577

1 MS. PILIPOVIC: [Interpretation] Your Honour, bearing in mind the

2 schedule, the Defence is preparing for Mr. Tucker and now we are being

3 told that Mr. Tucker will not testify. As for Mr. Van Baal, we got the

4 information on Friday. So the time that we have available for the

5 Defence, particularly the material that is given to us every day, it will

6 be a problematic. We were just now informed that Mr. Tucker will not be

7 able to come. And Mr. Tucker's statement contains 32 pages and we have

8 already started working on it, you see? So --

9 JUDGE ORIE: You would have to have had it finished so that you

10 could further prepare for Thursday and Friday, Mr. Harland and

11 Mr. Van Baal.

12 MS. PILIPOVIC: [Interpretation] Yes, Your Honour. We are trying

13 to -- I believe that the Defence is always prepared for examination and so

14 far we have made considerable efforts, but I believe that this -- these

15 changes in the schedule effect us a great deal, our preparation and our

16 discussions with the General.

17 [Trial Chamber confers

18 JUDGE ORIE: The Chamber will allow the Prosecution to proceed

19 according to the schedule that was just indicated and takes into

20 consideration that no new witnesses have been added to the schedule, but

21 that one witness fell off.

22 We will adjourn until tomorrow morning, 9.00, same courtroom.

23 --- Whereupon the hearing adjourned at 1.50 p.m., to

24 be reconvened on Wednesday, the 5th day of June,

25 2002, at 9.00 a.m.