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]
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21 [Closed session]
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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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