1 Wednesday, 2 November 2011
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 2.19 p.m.
5 JUDGE MOLOTO: Good afternoon to everybody in and around the
7 Mr. Registrar, please call the case.
8 THE REGISTRAR: Good afternoon, Your Honours. This is case
9 number IT-04-84bis-T, the Prosecutor versus Ramush Haradinaj,
10 Idriz Balaj, and Lahi Brahimaj.
11 JUDGE MOLOTO: Thank you so much.
12 Could we have appearances for the day, please, starting with the
14 MR. ROGERS: Yes. Good afternoon, Your Honours. Paul Rogers for
15 the Prosecution, together with Ms. Priya Gopalan, Ms. Barbara Goy,
16 Ms. Daniela Kravetz, and our case manager today, Ms. Line Pedersen.
17 JUDGE MOLOTO: Thank you so much, Mr. Rogers.
18 And for the Defence of Mr. Haradinaj.
19 MR. EMMERSON: Good morning, Your Honour. Ben Emmerson for
20 Ramush Haradinaj, together with Rodney Dixon, Annie O'Reilly and
21 Andrew Strong.
22 JUDGE MOLOTO: Thank you, Mr. Emmerson.
23 And for Mr. Balaj.
24 MR. GUY-SMITH: Good afternoon, Your Honours. Gregor Guy-Smith,
25 Colleen Rohan, Chad Mair, and Gentian Zyberi is with us today on behalf
1 of Idriz Balaj.
2 JUDGE MOLOTO: Thank you so much, Mr. Guy-Smith.
3 And for Mr. Brahimaj.
4 MR. HARVEY: Good afternoon, Your Honours, Richard Harvey
5 assisted by Paul Troop, Luke Boenisch, and Ms. Rudina Jasini.
6 JUDGE MOLOTO: Thank you so much.
7 May the Chamber please move into private session.
8 [Private session]
11 Pages 1693-1697 redacted. Private session.
24 [Open session]
25 --- On resuming at 5.01 p.m.
1 JUDGE MOLOTO: Let me start off by thanking the Defence for
2 allowing the Chamber to hold that ex parte hearing.
3 We are grateful for your understanding. And as a result of that
4 hearing, the Chamber has reconsidered its oral order that it gave a
5 little earlier in the day and substitutes for that order the following
6 order: The Chamber has reconsidered the oral decision it rendered before
7 the start of the ex parte hearing. The Chamber hereby orders the
8 Prosecution to disclose to the Defence the material falling within the
9 scope of Rules 68(i) and 66(A)(ii), namely, two prior statements from
10 Witness 3. Therefore, the Chamber hereby reserves its prior order -- I
11 beg your pardon. The Chamber hereby reverses its prior oral decision to
12 change the status of the Prosecution's submissions on the matter as well
13 as the status of the Chamber's decision and order on this matter. These
14 filings shall remain under confidential and ex parte status as they do
15 not fall for disclosure under Rules 68(i) and 66(A)(ii).
16 MR. ROGERS: Your Honour, thank you. A letter has been sent to
17 the Defence with the information. I hope they've received it.
18 JUDGE MOLOTO: [Microphone not activated]
19 MR. ROGERS: Yes, thank you, Your Honour.
20 JUDGE MOLOTO: [Microphone not activated]
21 [Closed session]
11 Pages 1700-1701 redacted. Closed session.
1 [Private session]
11 Pages 1703-1713 redacted. Private session.
25 [Open session]
1 THE REGISTRAR: Your Honours, we are in open session. Thank you.
2 JUDGE MOLOTO: Thank you, Mr. Registrar.
3 Yes, Mr. Rogers.
4 MR. ROGERS:
5 Q. Witness, when you went to the village of Gllogjan,
6 Mr. Haradinaj's village of Gllogjan, when was it that you realised where
7 you were?
8 A. I saw a person that I recognised from before. He was an in-law
9 of Selim Ademi. I had met him several times at Selim Ademi's family home
10 and I saw him there, and that told me that I was in that village.
11 Q. And at that time when you were -- found yourself in the village
12 of Gllogjan, did you know that Mr. Haradinaj lived at that village? Was
13 that something you knew at that time?
14 A. I didn't know Mr. Haradinaj from before. Even today I -- he's
15 not my acquaintance or anything. I know him from the media and because
16 he's a public person, but I never knew him before --
17 Q. No, that wasn't my --
18 A. -- neither do I know his family.
19 Q. It wasn't my question whether you knew him. My question was
20 whether you knew he lived there. Had you heard of him at this time?
21 A. Not at the time, no. But after the war I heard about
22 Ramush Haradinaj from the village of Gllogjan.
23 Q. After you had been taken there by Mr. Brahimaj, do you know what
24 happened to Mr. Brahimaj? Did you see him stay or leave?
25 MR. EMMERSON: I pause at this point just to remind Mr. Rogers of
1 the basic rules of re-examination, namely, that he must only ask
2 questions that arise out of cross-examination. That question doesn't
3 arise out of cross-examination. I'm prepared not to make a formal
4 objection to it, providing from this point onwards he strictly confines
5 himself to matters that arise out of cross-examination.
6 JUDGE MOLOTO: Mr. Rogers.
7 MR. ROGERS: What arises out of cross-examination was a
8 discussion about the incident in Gllogjan which was led by Mr. Emmerson.
9 He cross-examined at some length about what happened at Gllogjan, and I
10 am asking about what happened at that place, and in particular I'm simply
11 trying to clarify whether Mr. Brahimaj remained or left as far as he can
13 Q. So, Witness, could you tell me, please --
14 JUDGE MOLOTO: The question is allowed.
15 MR. ROGERS: Thank you.
16 Q. Mr. Witness, could you tell us, please, after you'd arrived
17 there, can you tell us whether Mr. Brahimaj stayed or whether he left?
18 A. I didn't see him after that. He just left me there. He patted
19 on my shoulder. He told me that he had brought me amongst good people
20 and the blond man took me, and from that moment I didn't see him anymore.
21 Maybe he stayed on, but I don't know whether he stayed or left.
22 Q. During that time that you were there you told us at transcript
23 1675, you said:
24 "I was awaiting my execution at any moment."
25 Why did you think you were going to be executed at any moment
1 whilst you were there?
2 A. What do you think? What could I expect? I was put inside the
3 boot of the car, so I wasn't expecting them to make me a president. What
4 I was expecting was that the boot of the car would open and I would be
5 killed, executed. I never thought that someone would help me and save my
6 life, just like they did in Gllogjan. I was awaiting execution at any
8 Q. Now, you told us yesterday that after you'd been taken out of the
9 small room you got to meet with a man you believed to be Mr. Haradinaj
10 and that he asked you some questions about why you were there and offered
11 you some food and offered you some shelter. Is that right? I don't want
12 you to go through it all, but just in summary is that right, is that what
13 happened in that room next to or near to the small room?
14 A. Yes.
15 Q. And after all that had happened you were still upstairs and were
16 then called downstairs by the person you referred to as the commander, is
17 that right, so that I understand the sequence.
18 A. Yes, I was in the other room, not in the small room. I was in
19 the other room which was a bigger room where the mattresses where people
20 could sleep. And at that time somebody came and said, "The commander is
21 asking for you downstairs," and I followed that person downstairs.
22 Q. And this, going downstairs, all followed the food and the offer
23 of sleep and shelter; that's the sequence?
24 MR. ROGERS: Your Honour, forgive me, it is important. I just
25 want to be clear of the sequence.
1 THE WITNESS: [Interpretation] Yes.
2 MR. ROGERS:
3 Q. That's all. "Yes" is fine.
4 When you went downstairs you told us in chief on transcript 1587
5 you said:
6 "When I went downstairs I saw soldiers. It was dark. And
7 because I was scared of what might befall me, being killed or something."
8 So --
9 MR. EMMERSON: Could you read the end of the sentence, please.
10 "Because I was afraid ..." carry on.
11 MR. ROGERS:
12 Q. "... he came up to me and said that 'there are people here for
14 The point is when you went downstairs, when you had been called
15 for by the commander, you were still afraid?
16 MR. EMMERSON: Your Honour, I'm sorry, but the witness testified
17 very clearly yesterday, and this is 1687, line 6 --
18 MR. ROGERS: This is re-examination. I'm entitled to ask
19 questions [overlapping speakers] --
20 MR. EMMERSON: Would you wait for the objection, Mr. Rogers.
21 Behave yourself.
22 MR. ROGERS: You were about to give a speech.
23 MR. EMMERSON: I'm not --
24 MR. ROGERS: Make the objection clearly.
25 JUDGE MOLOTO: Can I intervene here. Objections are made at any
1 time when anybody wants to make an objection. And if an objector stands,
2 counsel speaking must please sit down. I have before implored counsel
3 not to both stand at the same time because we are not in a boxing ring or
4 in a duel. It is a duel of sorts but it's got its own rules of procedure
5 and ethics. Make your objection, Mr. Emmerson.
6 MR. EMMERSON: Thank you, Your Honour. My objection is this:
7 These questions are being unfairly put. A moment ago Mr. Rogers quoted
8 to the witness from a passage of his evidence in chief, in which the
9 witness said that because he was afraid he was given reassurance by the
10 man he thought to be Mr. Haradinaj but deliberately ended his quotation
11 halfway through.
12 JUDGE MOLOTO: [Microphone not activated]
13 MR. EMMERSON: And so I asked him to complete it which he was
14 then obliged to do.
15 JUDGE MOLOTO: Right. Stay --
16 MR. EMMERSON: The testimony yesterday on the subject which the
17 witness is now being asked questions upon is this: He said 1687, line 6:
18 "Had I known before why he had called me downstairs, I wouldn't
19 be afraid. But before going down there I was afraid. When I went
20 downstairs he told me, 'you can go to your family. Don't have anything
21 to do so with this. You are free.'"
22 Now, if Mr. Rogers wishes now to ask questions about what was in
23 the witness's mind, he must do so fairly in the light of the evidence
24 that the witness has given, namely, that the fears that he had were fears
25 that he would not have had had he known what was going to happen, namely,
1 that because of his fears as soon as he got downstairs he was given
2 reassurance and made safe. If questions are going to be asked, they need
3 to be asked fairly.
4 JUDGE MOLOTO: Mr. Emmerson, I'm not aware of the unfairness of
5 the question at this stage. Instead of objecting you have repeated
6 yesterday's testimony. I'm not aware of the unfairness.
7 But, Mr. Rogers, ask your question. Let's hear it.
8 MR. ROGERS: I was going to then go to before being interrupted
9 to transcript 1687.
10 Q. And ask you about that because there you said:
11 "Had I known before why he had called me downstairs, I wouldn't
12 be afraid."
13 My question to you is: At the time you were going down the
14 stairs, at that time, were you still afraid?
15 A. Yes, of course. Because it was midnight and they took me from
16 the room outside and I was afraid because I didn't know what was going to
17 happen to me. And the moment he said "you are free, you can go to your
18 family," the fear went away.
19 JUDGE MOLOTO: I must talk to you now, Mr. Rogers. Quite clearly
20 from yesterday's testimony the witness stated that when he went down he
21 was afraid. Had he known why he was being called, he would not have been
22 afraid. Certainly at the time he was going down, he still did not know
23 why he was being called. Therefore, he should have been afraid still at
24 that time. What I'm saying to you is: That question is just -- I'm not
25 quite sure why it was asked. It is -- in my mind it's not objectionable,
1 but it is just -- doesn't take us anywhere.
2 MR. ROGERS: Your Honour, it goes to his state of mind --
3 JUDGE MOLOTO: Well, of course he has given us the state of mind
4 yesterday --
5 MR. ROGERS: Yes --
6 JUDGE MOLOTO: He said before he knew why he was called he was
7 afraid. When did he know why he was called? Only when he got downstairs
8 and spoke to the man he thought was the commander.
9 MR. ROGERS: Yes, the -- I'm going to leave it, but so
10 Your Honour understands why I asked the question, the relevance of it as
11 to whether he was reassured by the actions of the man whilst he was
12 upstairs, the giving of the food, the sleeping arrangements. Despite all
13 that --
14 JUDGE MOLOTO: Then ask him a different question if you want to
15 find out, notwithstanding the reassurance that you got --
16 MR. ROGERS: Forgive me, that was to be my next question.
17 JUDGE MOLOTO: Go ahead, Mr. Rogers. Let's try and finish with
18 this witness.
19 MR. ROGERS:
20 Q. Despite the reassurances that you received from Mr. Haradinaj, if
21 it be he, with the offers of food, shelter, when you went down those
22 stairs, you were still afraid; is that right?
23 A. Yes, of course, because as I said when they called me it was
24 about midnight, and they said, "The commander is asking for you." I felt
25 afraid. When I was taken to Gllogjan the blond man beat me so I had
1 suspicions in my mind. I was not sure. I didn't know what to feel,
2 whether to be afraid or not. Even you, if you were in that position, you
3 would feel the same way. Had I known what would happen, I wouldn't be
4 afraid. Had the blond man not beaten me, I would not have been afraid.
5 The two other men that came inside, that offered me cigarettes and to
6 talk to me normally, they reassured me, of course. They gave me some
7 sign of -- and hope of life. But when they said after 11.00 in the
8 evening that "the commander is looking for you, is asking for you," I,
9 again, felt afraid. I think that anyone in my position would feel the
11 Q. Thank you.
12 MR. ROGERS: I have no further questions.
13 JUDGE MOLOTO: Thank you, Mr. Rogers.
14 Questioned by the Court:
15 JUDGE DELVOIE: Mr. Witness, I have a follow-up question here.
16 When you were ordered to go down to the commander -- let me rephrase
18 Do you have any idea now why you had to come down to the
19 commander, why you were ordered to come down? Because the commander
20 already told you that you were free to go if you had people in the
21 village where you could go to or that you could stay and sleep. So you
22 already knew everything. Why suddenly at 11.00 or at midnight were you
23 ordered down? Did something happen that made that necessary to call you
24 and tell you again?
25 A. They said "the commander wants you." They didn't explain
1 anything to me. They just showed me downstairs. I was trembling, I was
2 shivering at the time. But when I went downstairs he said, "You are
3 free. People have come to pick you up. You can go to your family.
4 Forget all that happened, leave this all behind." And that's when I
5 relaxed and felt the strength of life back in my body.
6 JUDGE DELVOIE: So, if I understand you well, it must have been
7 the arrival of your family to pick you -- that came to pick you up that
8 triggered the fact that you were ordered to come down?
9 A. No, they were not relatives of mine. They were Lahi Brahimaj's
10 relative who had come by car to take me to my family.
11 JUDGE DELVOIE: Okay. Thank you very much.
12 [Trial Chamber confers]
13 JUDGE MOLOTO: Any questions arising from the Judge's questions,
14 Mr. Rogers?
15 MR. ROGERS: No.
16 JUDGE MOLOTO: Mr. Harvey?
17 MR. HARVEY: Thank you. No, Your Honours.
18 JUDGE MOLOTO: Mr. Emmerson?
19 MR. EMMERSON: Would Your Honour just give me one moment, please?
20 JUDGE MOLOTO: You have a moment, sir.
21 [Defence counsel confer]
22 MR. EMMERSON: I just want, if I may, just to be absolutely
24 Further cross-examination by Mr. Emmerson:
25 Q. When you came down, you were told that there were people there
1 who would take you to your family in answer to Judge Delvoie you have
2 just clarified; is that right?
3 A. That's right. Before those people had come, I was asked in the
4 big room whether I had a place to stay overnight and then I said "no."
5 So they offered me to stay and spend the night there and somebody would
6 take me home the next morning.
7 Q. But in fact somebody came to take you home at around about 11.00?
8 A. Yes, that's correct.
9 Q. Now Judge Delvoie was asking about your state of mind of what you
10 understood to be taking place when you went downstairs. Can I just ask
11 you, you said in answer to Mr. Rogers earlier this afternoon:
12 "I never thought that somebody would help me and save my life,
13 just like they did in Gllogjan."
14 Can you explain how that relates to what was in your mind when
15 you came downstairs, please, the suggestion that you'd never thought that
16 someone would save your life like they did in Gllogjan.
17 A. I thought that they would execute me or do something bad to me
18 because they did not say why the commander wanted me. It was at night,
19 it was dark, and I believe anybody in that position would think the same
20 thing. Even you. Had they told me: You are free to go to your family
21 because people have come to pick you up, at that moment I wouldn't have
22 been afraid. But they didn't at that moment. I would have breathed a
23 sigh of relief in the room had they told me that then.
24 Q. So that it was only after you came down and were informed of the
25 lift back to your family that you realised that your trip to Gllogjan had
1 saved your life; is that correctly understood?
2 MR. ROGERS: Your Honour, it's such an obvious question. Clearly
3 the man survived and lived. It's a question that doesn't require an
4 answer, respectfully, and it's difficult to see how it arises --
5 MR. EMMERSON: So long as Mr. Rogers accepts --
6 MR. ROGERS: [Overlapping speakers]
7 MR. EMMERSON: -- the trip to Gllogjan saved this witness's life,
8 I'm happy to leave it there.
9 MR. ROGERS: I'm not accepting anything. He -- he -- the fact is
10 he lived. Whether it saved his life or not, it's one thing neither here
11 nor there. It's the fact that he left and he lived. If Mr. Emmerson
12 wants to make a speech about it, he can do it at a later stage in the
14 JUDGE MOLOTO: I agree it is an obvious question but it is not an
15 objectionable question.
16 MR. EMMERSON:
17 Q. Can I put the question to you again, Witness. It was only after
18 you were informed that you were being taken back to your family that you
19 realised, as you've told us, that your life had been saved by your visit
20 to Gllogjan; is that correct?
21 A. In Gllogjan -- I was taken to Gllogjan in the boot of the car to
22 be executed, but the opposite happened. In the beginning the blond man
23 beat me but --
24 JUDGE MOLOTO: I'm sorry, Mr. Witness. I'm sure you do want to
25 go home at some stage and the sooner, the better. Please answer the
1 question, get to the question. Don't tell us the old story that you've
2 told us. The question is simply: Did you feel that you were saved by
3 being in Gllogjan? You can say yes or you can say no. And I know you
4 like explaining things, but I think this one you can answer very briefly.
5 MR. ROGERS: Your Honour, forgive me, I don't understand,
6 respectfully, how the witness can answer whether he thinks by being in
7 Gllogjan his life was saved. The fact is he lived there. It's an --
8 respectfully, it's an obscure and unfair question to ask him whether by
9 being in Gllogjan his life was saved. He went there thinking he was
10 going to die, he said, and in fact he didn't. Whether that's associated
11 with being in Gllogjan or the actions of any other person is another
12 matter. It's an obscure and vague question.
13 MR. EMMERSON: Your Honour, the position is that Mr. Rogers has
14 taken it upon himself to re-examine as to the witness's state of mind,
15 notwithstanding this witness's testimony that had he known, in fact, what
16 was taking place he wouldn't have been afraid. Now, I'm simply seeking,
17 in the light of that question and the clarification from Judge Delvoie,
18 to have the witness answer, as Your Honours indicated, yes or no was it
19 when you came downstairs and realised that you were being taken home that
20 you considered that your life had been saved. And I'm taking that from
21 an answer the witness gave to Mr. Rogers in re-examination, where he says
22 at page 19, lines 4:
23 "I never thought that someone would help me and save my life just
24 like they did in Gllogjan."
25 JUDGE MOLOTO: Then that is someone not the visit to Gllogjan,
1 Mr. Emmerson, it is the someone.
2 MR. EMMERSON: Well.
3 MR. ROGERS: [Overlapping speakers]
4 JUDGE MOLOTO: And Gllogjan is not on trial.
5 MR. EMMERSON: Well, no, I take your point. Perhaps the question
6 can be put in a slightly different way.
7 Q. Witness, you said earlier in answer to Mr. Rogers that you never
8 thought that someone would help you and save your life just like they did
9 in Gllogjan. Firstly, is it correct that you considered that somebody in
10 Gllogjan helped you and saved your life?
11 A. So they came to take me to my family. I was safe. I returned
12 home alive.
13 MR. EMMERSON: I'll leave it there.
14 JUDGE MOLOTO: Thank you for leaving it there, Mr. Emmerson.
15 Mr. Guy-Smith.
16 MR. GUY-SMITH: No questions.
17 JUDGE MOLOTO: Thank you, Mr. Guy-Smith.
18 Mr. Witness, thank you very much. This brings us to the end of
19 your testimony. You are now excused. You may stand down, but just
20 before you leave, to say thank you for coming to testify at the Tribunal.
21 You may stand down -- before you stand down, may the Chamber please move
22 into closed session.
23 And while they are closing, travel well home.
24 THE WITNESS: [Interpretation] Thank you.
25 [Closed session]
24 [Open session]
25 THE REGISTRAR: Your Honours, we are in open session. Thank you.
1 JUDGE MOLOTO: Thank you, Mr. Registrar.
2 Shall we take a break then and come back at half past 6.00.
3 MR. ROGERS: I'm in Your Honours' hands. If it's possible to
4 take a shorter break it would be better, respectfully.
5 JUDGE MOLOTO: To come back at what time?
6 MR. ROGERS: Maybe 20 past 6.00.
7 JUDGE MOLOTO: Okay. Come back at 20 past.
8 Court adjourned.
9 --- Recess taken at 6.06 p.m.
10 --- On resuming at 6.21 p.m.
11 JUDGE MOLOTO: May the Chamber please move into closed session.
12 [Closed session]
20 [Open session]
21 THE REGISTRAR: Your Honours, we are in open session. Thank you.
22 JUDGE MOLOTO: [Microphone not activated]
23 THE INTERPRETER: Microphone, please.
24 JUDGE MOLOTO: I beg your pardon. I'm sorry.
25 Mr. Witness, the last time you were here you were warned that you
1 were still on the witness-stand, that you were not supposed to discuss
2 the case with anybody until you are finally excused from further
3 testifying. Do you remember that?
4 THE WITNESS: [Interpretation] Yes.
5 JUDGE MOLOTO: Now let me remind you, you are still bound by the
6 declaration you made at the beginning of your testimony to tell the
7 truth, the whole truth, and nothing else but the truth. Do you
9 THE WITNESS: [Interpretation] Yes.
10 WITNESS: 75 [Resumed]
11 [Witness answered through interpreter]
12 JUDGE MOLOTO: Thank you very much. If I remember very well, the
13 witness was under cross-examination by Mr. Harvey.
14 Mr. Harvey, you may proceed.
15 MR. HARVEY: Thank you, Your Honours.
16 Cross-examination by Mr. Harvey: [Continued]
17 Q. Mr. Witness, were you ever imprisoned at any time in Peje?
18 A. I'm sorry, I didn't hear the question.
19 Q. Mr. Witness, can you hear me in a language that you understand?
20 A. Yes.
21 Q. Were you ever imprisoned at any time in Peje?
22 A. Yes.
23 Q. Was that in 1998?
24 A. I don't remember. In 1998, no, no. It was not in 1998.
25 Q. Can you tell us when -- well, do you remember whether it was
1 before or after the war?
2 A. After the war.
3 Q. And how long after the war?
4 A. I don't remember the accurate date.
5 Q. How long were you in prison for?
6 A. One month.
7 Q. And what was the reason that you were in prison for one month?
8 A. I don't know exactly why. I know that I was there for a month,
9 but then I was declared innocent. It was a mistaken identity.
10 Q. But you were never in prison in Peje in May of 1998; is that your
12 A. No, no, I was not.
13 Q. Witness, I'm going to come back in that case --
14 MR. HARVEY: Your Honours, just to resolve any mystification, a
15 document was served on the Defence which suggested that a person with a
16 name either identical to or similar to this witness was in prison in Peje
17 in May of 1998. I do not intend to pursue that line of questioning
18 further, but that's the reason this comes up at this stage. Thank you.
19 JUDGE MOLOTO: Thank you, Mr. Harvey.
20 MR. HARVEY:
21 Q. Witness, I want to go back to your application for asylum --
22 MR. HARVEY: And for these purposes I'm going to have to ask that
23 we go into private session.
24 JUDGE MOLOTO: May the Chamber please move into private session.
25 [Private session]
11 Pages 1732-1743 redacted. Private session.
7 [Closed session]
14 [Open session]
15 THE REGISTRAR: Your Honours, we're in open session. Thank you.
16 JUDGE MOLOTO: Thank you very much, Mr. Registrar.
17 Before we rise, Mr. Harvey, what's your position with 03085? You
18 were trying to tender that when we were taken back to the other document.
19 MR. HARVEY: No, I'm going to -- I wasn't --
20 JUDGE MOLOTO: You are not.
21 MR. HARVEY: -- trying to tender that, no. I thought I had
23 on the first one.
24 JUDGE MOLOTO: So the point is you are not tendering that.
25 MR. HARVEY: No, I'm not.
1 JUDGE MOLOTO: Thank you so much.
2 We will stand adjourned until tomorrow --
3 MR. ROGERS: I think there may need to be some alteration to the
4 transcript as a result of the small moment just there. We can speak
5 perhaps to the Registrar and deal with it without making a big fuss about
6 it right now.
7 JUDGE MOLOTO: Okay.
8 Do you want us to go into private session?
9 MR. ROGERS: If we must.
10 JUDGE MOLOTO: May we move into private session, please.
11 [Private session]
18 [Open session]
19 THE REGISTRAR: Your Honours, we're back in open session.
20 JUDGE MOLOTO: Thank you very much, Mr. Registrar.
21 We will rise and meet again at quarter past 2.00 tomorrow
22 afternoon. Court adjourned.
23 --- Whereupon the hearing adjourned at 7.03 p.m.,
24 to be reconvened on Thursday, the 3rd day of
25 November, 2011, at 2.15 p.m.