1 Friday, 9 June 2006

2 [Status Conference]

3 [Open session]

4 [The accused entered court]

5 [The accused Haradinaj not present]

6 --- Upon commencing at 8.05 a.m.

7 JUDGE BRYDENSHOLT: Well, good early morning to everybody. And

8 could the registrar call the case, please.

9 THE REGISTRAR: Good morning, Your Honour. This is the case

10 number IT-04-84-PT, the Prosecutor versus Ramush Haradinaj, Idriz Balaj,

11 and Lahi Brahimaj.

12 JUDGE BRYDENSHOLT: Thank you.

13 And for the record, first I should ask the accused, Mr. Balaj,

14 could you hear me in your own language?

15 THE ACCUSED BALAJ: [Interpretation] Yes, I can hear you.

16 JUDGE BRYDENSHOLT: And Mr. Brahimaj, could you hear translation

17 in your own language?

18 THE ACCUSED BRAHIMAJ: [Interpretation] Yes, I can hear you, yes.

19 JUDGE BRYDENSHOLT: And then for the record we should have the

20 representation from the Prosecution, please.

21 MR. DUTERTRE: [Interpretation] Yes, good morning, Your Honour.

22 There are four of us. Gilles Dutertre, myself, trial attorney; assisted

23 by Patricia Sellers, trial attorney; Gramsci Di Fazio; and Salla Moilanen,

24 our case manager, who is sitting behind us.

25 JUDGE BRYDENSHOLT: Thank you.

1 And for Mr. Haradinaj.

2 MR. DIXON: Good morning, Your Honour. On behalf of Mr. Haradinaj

3 for today, it's Rodney Dixon, assisted by Susan Park. Thank you, Your

4 Honour.

5 JUDGE BRYDENSHOLT: Welcome to you.

6 Appearance for Mr. Balaj.

7 MR. GUY-SMITH: Good morning, Your Honour. Gregor Guy-Smith

8 appearing on behalf of Idriz Balaj assisted by Gentian Zyberi and Sabrina

9 Berdux for the day.

10 JUDGE BRYDENSHOLT: Thank you.

11 And for Mr. Brahimaj.

12 MR. HARVEY: Good morning, Your Honour. Richard Harvey appearing

13 for Mr. Lahi Brahimaj.

14 JUDGE BRYDENSHOLT: And as all the advocates here remember well,

15 we had this lengthy meeting yesterday according to Rule 65 ter, and I

16 think we thoroughly dealt with the status of this case. I have been

17 informed this morning that according to the plan the Prosecution has

18 prepared an agreement on agreed facts. I'm aware that the Defence do have

19 reservations regarding their ability to go into any agreed facts on the

20 basis of what is known to them at present, but I'm happy to know that at

21 least the process has been started.

22 I think since we got through all those details regarding forensics

23 and so on yesterday, the meaning of the meeting today could only be to be

24 sure whether or not any of the accused present have anything to say here,

25 to complain about, or to mention to me.

1 But before I ask the accused, I would ask the advocates if there

2 are any matters which they think should be raised this morning.

3 MS. SELLERS: Good morning, Your Honour. Thank you for this

4 opportunity, and good morning to the Defence and the accused.

5 Your Honour, the Prosecution would like to place on the record the

6 fact that we've transmitted the agreed facts to the Defence according to

7 the Work Plan, and that our assumption is in our discussion briefly with

8 the Defence this morning is that they concurred that those agreed facts

9 are confidential. Since it was a letter not a filing, I just wanted to

10 make this clear upon the record.

11 And, Your Honour, we would state the same with the transmission of

12 the witness list. It was transmitted in a letter to the Defence, and it

13 did not have "confidential" written on it since it wasn't a filing. But

14 our understanding and I think the Defence does concur is that the witness

15 list that we transmitted is confidential.

16 JUDGE BRYDENSHOLT: Thank you. Unless I hear any protests from

17 the Defence side, I think that is as it is, as you ask it to be.

18 Well, then I would ask first the Defence if they have any remarks

19 regarding the stay of their clients.

20 MR. DIXON: Your Honour, there are no remarks to made on behalf of

21 Mr. Haradinaj.

22 In respect of the matters that were covered yesterday, as Your

23 Honour has indicated, they have been thoroughly ventilated. And we,

24 having spoke to the Prosecution since then, are expecting a batch --

25 further batches of disclosure in respect of the forensics very soon and

1 would also be expecting, as Your Honour indicated yesterday, a letter from

2 the Prosecution setting out what materials will be disclosed before the

3 16th of June and then thereafter until the end of June, and then final

4 category, if there's anything still outstanding, when that will be

5 disclosed. So we then have a clear plan to work to over the next month to

6 complete the disclosure process in the forensics case.

7 Thank you, Your Honour.

8 JUDGE BRYDENSHOLT: Very good. Thank you.

9 Mr. Guy-Smith.

10 MR. GUY-SMITH: With regard to the question specifically put by

11 Your Honour, the answer is hat I have no remarks with regard to my

12 client's present condition.

13 JUDGE BRYDENSHOLT: Thank you.

14 Mr. Harvey.

15 MR. HARVEY: Ditto, Your Honour.

16 JUDGE BRYDENSHOLT: Then I should ask the accused if they have

17 anything to add to what you have just heard from your advocates.

18 First I could ask Mr. -- I could ask Mr. Brahimaj.

19 THE ACCUSED BRAHIMAJ: [Interpretation] No, Your Honour, I have

20 nothing to add.

21 JUDGE BRYDENSHOLT: Mr. Balaj, do you have any remarks?

22 THE ACCUSED BALAJ: [Interpretation] Everything is fine. Thank you

23 very much, Your Honour.

24 JUDGE BRYDENSHOLT: Well, I think that that would bring this

25 Status Conference to an -- Mr. -- Yes, Mr. Dutertre.

1 MR. DUTERTRE: [Interpretation] Yes, Your Honour. I just wanted to

2 clarify one particular point. Maybe it's a misunderstanding on my part.

3 As far as a letter is concerned, the letter that is to be sent by

4 the OTP and pertaining to forensic document, what I had understood is that

5 this letter would be drafted on the 16th. We would take stock of the

6 situation, what had been disclosed between yesterday and the 16th of June,

7 and in this letter we would also specify what would be disclosed at a

8 later stage. And from what I understood and what Mr. Dixon said this

9 morning, I had the feeling that the Defence counsel feel that we should

10 already send a letter today to indicate what will be disclosed between

11 today and the 16th of June.

12 I don't know what the Defence counsel had in mind, but I seem to

13 remember that yesterday we had said that it was on the 16th that we would

14 discuss what would be disclosed between now and the 16th and the 16th and

15 the rest of the month. But maybe it's a misunderstanding on my part.

16 Perhaps we could clarify this with the Defence team. It's a minor point,

17 I admit.

18 JUDGE BRYDENSHOLT: No. I'm afraid what I have thought we agreed

19 upon yesterday was that since it is important and it is easy to understand

20 why for the Defence to have some fixed date. I expect you now to send a

21 letter, probably not today but at least on Monday; I know the 16th is very

22 soon approaching. Send a letter where you say: We are able before

23 the 16th to give you the following. We are -- in the same letter you are

24 mentioning we are not able before the 16th, even if we try, to give you

25 this further information, but that will be forthcoming before the end of

1 June. And then of course there would be some remaining issues where you

2 will not be able because you haven't got the answer and you don't expect

3 to get the answers from the various institutions or wherever. And then

4 that would be absolutely clear, not only for the Defence but also for

5 the -- for the Tribunal. So thank you. I hope it is clear now.

6 MR. DUTERTRE: [Interpretation] Yes, it's quite clear now. Thank

7 you, Your Honour.

8 JUDGE BRYDENSHOLT: Then I think we can close for today. The case

9 now stands adjourned. Thank you.

10 --- Whereupon the Status Conference

11 adjourned at 8.16 a.m.

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