Tribunal Criminal Tribunal for the Former Yugoslavia

Page 27554

1 Monday, 27 November 2000

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 9.35 a.m.

5 JUDGE MAY: There are two matters which the Chamber has to deal

6 with before we hear any evidence. The first is to deal with the

7 Prosecution motion for the application of documents from Zagreb which were

8 heard last week. The Trial Chamber will admit Exhibits 411.1 -- apologies

9 to the interpreters if they haven't got the list. I don't think they

10 have. 421.3, 438.3, 439.2, 447.1, 498.1, 610.1, 527.3, 569.1, 673.6,

11 673.7, 694.4, 726.3, 764.1, 781.2, 1209.1, 1356.4. The remainder of the

12 documents will be excluded and written reasons will follow.

13 The next matter we have is an application on the part of

14 Mr. Cerkez for the Trial Chamber to stay the proceedings until the final

15 determination of its application for leave to appeal. That application

16 relates to our refusal to give further time for him to prepare final

17 submissions. We deal with the application to stay the proceedings insofar

18 as it is a matter for this Trial Chamber, the accused or rather counsel

19 for the accused, have had more than two years to prepare these final

20 submissions throughout this trial which started as long ago as April of

21 1999. They have been on notice that they would be required to make their

22 submissions and file their final briefs for more than a month, if not two

23 months. I do not have the precise date.

24 In the view of the Trial Chamber, as we have said before, they

25 have had plenty of time to prepare their submissions. To hold the trial

Page 27555

1 up at this stage would be an abuse of the process. The application is

2 dismissed. Yes.

3 MR. NICE: Your Honour, may we please go into private session for

4 the application in relation to today's evidence?

5 JUDGE MAY: Yes.

6 [Private session]

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9 --- Whereupon the hearing adjourned

10 at 4.08 p.m., to be reconvened on Tuesday

11 the 28th day of November, 2000, at

12 9.30 a.m.

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