Tribunal Criminal Tribunal for the Former Yugoslavia

Page 10972

1 Friday, 3rd December, 1999

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 9.33 a.m.

5 THE REGISTRAR: [Interpretation] This is case

6 number IT-95-14/2-T, the Prosecutor versus Dario Kordic

7 and Mario Cerkez.

8 JUDGE MAY: Mr. Nice, the programme which I

9 suggest for this morning is that we hear the witness

10 until a few minutes after eleven. We will then take the

11 break, and it may be a bit shorter than usual, and then

12 about half past we will hear the Defence ex parte

13 submissions. We have to finish at twenty to one. An

14 hour is said to be sufficient.

15 MR. NICE: So there is unlikely to be

16 evidence beyond the midmorning break or there won't

17 be.

18 JUDGE MAY: There won't be.

19 MR. NICE: In relation to the next witness:

20 First of all, there was a failure to disclose a Bosnia

21 and Herzegovina statement upon which there is

22 effectively no or almost no reliance in the summary.

23 It's been disclosed now last night.

24 Just so I can explain how this has

25 happened -- it's happened once before -- the searching

Page 10973

1 of material is obviously a big exercise and is not a

2 physical exercise, it's an electronic one to a degree.

3 It's been done at the earlier stage of disclosure.

4 From time to time it's been repeated in respect of

5 particular witnesses, but, of course, once witnesses

6 come here a further and entirely fresh process of

7 expiration or material is undertaken and it's at that

8 stage that this particular statement was revealed. As

9 I say, it hasn't been relied upon but it has now been

10 served and it's of only a little under two sides, and I

11 an apologise, of course, for any inconvenience caused.

12 In respect of this witness, we seek

13 protection. The Court will see that the protection

14 sought is the type of which it is least fond; namely, a

15 closed session. That's not because, in one sense, the

16 man requires a fully closed session, it's because -- if

17 we're in open session, I suppose I ought now to ask

18 that we go into private session.

19 JUDGE MAY: Yes.

20 [Private session]

21 (redacted)

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24 (redacted)

25 (redacted)

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16 --- Whereupon the hearing adjourned at

17 10.59 a.m., to be reconvened on

18 Monday, the 6th day of December, 1999,

19 at 9.30 a.m.

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