Page 1623
1 Friday, 23 November 2012
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.01 a.m.
5 JUDGE DELVOIE: I think we are in open session. Good morning to
6 everyone in and around the courtroom.
7 Could we -- could you call the case, please, Mr. Registrar.
8 THE REGISTRAR: Good morning, Your Honours. This is case number
9 IT-04-75-T, the Prosecutor versus Goran Hadzic.
10 JUDGE DELVOIE: Thank you.
11 Could we have the appearances, please, starting with the
12 Prosecution.
13 MR. GILLETT: Yes, good morning, Your Honours and everybody in
14 and around the courtroom. It's Matthew Gillett together with
15 Rachel Friedman and our intern Kakoly Pande, and our case manager,
16 Thomas Laugel.
17 JUDGE DELVOIE: Thank you.
18 And for the Defence.
19 MR. ZIVANOVIC: Good morning, Your Honours. For the Defence of
20 Goran Hadzic, Zoran Zivanovic and Christopher Gosnell. Thank you.
21 JUDGE DELVOIE: Thank you.
22 The Trial Chamber has an oral ruling to deliver. It's about
23 admission of Rule 65 ter number 05572. On 16 November 2012, the Defence
24 sought the admission of Rule 65 ter number 05572. The Trial Chamber will
25 now decide this request.
Page 1624
1 The document in question is a prior statement of GH-015 from
2 1999. The Defence used this prior statement during the cross-examination
3 of the witness in order to impeach his credibility. The Trial Chamber is
4 keen to prevent being burdened by the admission of superfluous material
5 and therefore is generally not disposed to the admission into evidence of
6 prior statements of a witness for the purpose of challenging the
7 reliability of the witness's most recent statement already in evidence.
8 In the present circumstances, however, the Trial Chamber
9 finds - Judge Hall dissenting - that it would be assisted in assessing
10 the evidence of the witness by having the prior statement available to it
11 during its final deliberations in the present case. The Trial Chamber
12 therefore grants - by majority - the motion and instructs the Registry to
13 assign an exhibit number to the prior statement.
14 Mr. Gillett, do we have a witness?
15 MR. GILLETT: Yes, we have one witness this morning.
16 JUDGE DELVOIE: Could the witness be brought in, please.
17 Oh, there are protective measures for the witness so we go into
18 closed session.
19 [Closed session]
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21 [Open session]
22 THE REGISTRAR: We're in open session, Your Honours. Thank you.
23 JUDGE DELVOIE: Thank you.
24 Examination by Mr. Gillett:
25 Q. Good morning, ma'am.
Page 1627
1 A. Good morning.
2 Q. Did you give a statement to the Prosecution of this Tribunal in
3 2012?
4 A. Yes, I did.
5 MR. GILLETT: Could I ask that 03197, which is an ICTY witness
6 statement from May 2012 , be placed on the monitor in front of the
7 witness. That should be tab 1 for Your Honours.
8 Q. Do you recognise the document on the screen in front of you to be
9 your statement and do you recognise your signature on that document?
10 A. Yes, I do.
11 Q. And before signing it, were you given an opportunity to read
12 through it in your own language?
13 A. Yes.
14 Q. And when you arrived in The Hague to testify this week, were you
15 again given the opportunity to read the statement in your own language.
16 A. Yes, I was.
17 Q. And I understand that you have two corrections you would like to
18 make to the statement.
19 MR. GILLETT: Could we go into private session for these two
20 corrections.
21 JUDGE DELVOIE: Private session, please.
22 [Private session]
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13 [Open session]
14 THE REGISTRAR: We're in open session, Your Honours. Thank you.
15 JUDGE DELVOIE: Thank you.
16 So no other witness. Although it is Friday and the beginning of
17 the weekend, this is rather unfortunate, isn't it? We lose quite some
18 time.
19 MR. GILLETT: We certainly apologise for this, but the upcoming
20 witnesses only arrive this weekend and I think the earlier witnesses had
21 taken slightly longer than anticipated and the more recent witnesses have
22 gone quicker than anticipated as we're settling into a rhythm. We will
23 certainly take this into account in future scheduling, but we apologise
24 again for this.
25 JUDGE DELVOIE: Thank you very much.
Page 1638
1 Anything else?
2 Court adjourned.
3 --- Whereupon the hearing adjourned at 9.38 a.m.,
4 to be reconvened on Monday, the 26th day of
5 November, 2012, at 9.00 a.m.
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