1 Monday, 9 May 2005
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.09 a.m.
5 JUDGE ORIE: Good morning to everyone after this break of one
7 Madam Registrar, would you please call the case.
8 THE REGISTRAR: Good morning, Your Honours. This is Case Number
9 IT-00-39-T, the Prosecutor versus Momcilo Krajisnik.
10 JUDGE ORIE: Thank you, Madam Registrar.
11 Mr. Margetts.
12 MR. MARGETTS: Good morning, Your Honours. Your Honours, we're
13 joined this morning by a new face, Mr. Amir Zec who is a legal intern with
14 the Office of the Prosecutor.
15 JUDGE ORIE: Welcome in this courtroom, Mr. Zec.
16 Mr. Margetts, are you ready to call your next witness?
17 MR. MARGETTS: Your Honour, there's a preliminary matter with
18 respect to some protective measures for this witness.
19 JUDGE ORIE: Yes.
20 MR. MARGETTS: And I need to go into private session to discuss
22 JUDGE ORIE: Then we'll first enter into private session.
23 [Private session]
11 Pages 12763-12773 redacted. Private session.
14 [Open session]
15 JUDGE ORIE: We are in open session.
16 Mr. Margetts, I do understand that you are ready to call your next
17 witness, and the Chamber has decided that this witness will be examined in
18 closed session.
19 MR. MARGETTS: Yes, Your Honour.
20 JUDGE ORIE: Then we'll turn into closed session.
21 [Closed session]
11 Pages 12775-12845 redacted. Closed session.
8 [Open session]
9 [Trial Chamber and Registrar confer]
10 JUDGE ORIE: We are in open session now. The Chamber has decided
11 that we will stop for the day. The Prosecution will call its next witness
12 tomorrow morning. The Chamber has also during the closed session issued a
13 decision granting a request from the Defence to have an additional two
14 days for making further submissions in respect of a general and
15 international witness under 92 bis.
16 If there are no further --
17 MR. MARGETTS: Your Honour.
18 JUDGE ORIE: Yes, Mr. Margetts.
19 MR. MARGETTS: There is just one further matter and that is that
20 following the order of the Trial Chamber of the 27th of April, 2005, in
21 respect of various 92 bis witnesses relating to the Zvornik municipality,
22 there's an issue in relation to Witness 674, and that's something I put on
23 the -- on the record for the Defence as well. It seems that the handout
24 we received for Witness 674 only referred to the transcript as being the
25 92 bis material, that it had been our understanding that it would also be
1 the ICTY witness statement.
2 Secondly, there was specific matters raised in regard to the
3 package for Mr. Banjanovic and we will be in a position this week to
4 rectify and finalise those matters. And thirdly, there's been some
5 effort, and we're almost there at the stage of being able to introduce to
6 the Trial Chamber if the Trial Chamber considered this procedure to be an
7 appropriate one, contextual documents relevant to each of the 92 bis
8 witnesses from Zvornik. We have provided copies of the documents that we
9 intend to introduce and referenced them to the various witnesses to the
10 Defence. And if there should be time available this week, that is
11 something that we would welcome the opportunity to attend to. The idea is
12 that responding to Your Honour's order that you didn't -- that documents
13 were to be introduced in a focused manner, we thought the best way to do
14 that would be to refer specifically to the evidence that's been admitted
15 pursuant to 92 bis and then to specific documents that are relevant to
16 that evidence.
17 JUDGE ORIE: Yes. I see that -- I think we are still -- this is
18 the issue of the dossiers and of the, as you say, contextual documents. I
19 think today is the last day where we can expect any response by the
20 Defence on the Brcko, which is not directly related, at least not as far
21 as I have seen, but the Brcko file. We'll then have a closer look to how
22 the OTP presents this material and we'll give our first decisions.
24 MR. STEWART: Your Honour, may I say in relation to these two
25 matters, I'll take them in alphabetical order. As far as Brcko is
1 concerned, my understanding is that on the 26th of April there was a
2 discussion. I think it was Mr. Tieger on the Prosecution's side,
3 Ms. Loukas on the Defence side involved, and the Defence were to look at
4 that dossier and make observations, which I think is therefore Your
5 Honour's reference to today. The position is, Your Honour, quite simply
6 that the Defence has not had time to complete that exercise. So,
7 Your Honour, we simply would ask for an opportunity to do that review
8 which was discussed in court of the Brcko dossier.
9 And, Your Honour, the position -- going to the other end of the
10 alphabet pretty much on Zvornik, is -- well, it's more or less the same.
11 Mr. Margetts supplied me yesterday with a CD containing lots and lots of
12 material. I had -- Your Honour, looking ahead at this week and looking
13 ahead at the tasks for this week, I don't easily see at the moment -- I've
14 had a review so that I can get an idea of the scale and nature of the
15 Zvornik material. I frankly don't easily see when I am going to fit in
16 this additional task.
17 JUDGE ORIE: Yes. Well, looking at Brcko, then the Chamber will
18 consider this to be a request for further time, although the Chamber --
19 MR. STEWART: Indeed, Your Honour, it is.
20 JUDGE ORIE: Yes. Then we'd like to hear from you or from
21 Ms. Loukas -- well, let's say in the next two days how much time you need.
22 MR. STEWART: That's very fair, Your Honour, if I may say.
23 JUDGE ORIE: Yes, so we could give a decision. And then if you
24 look at Zvornik, could you also tell us how much time you need to choose
25 what position the Defence takes in that respect.
1 MR. STEWART: May I simply indicate because I hope to be helpful,
2 Your Honour. So far as Zvornik is concerned, I really see no prospect of
3 my being able to say that it could be done this week. Brcko I largely am
4 then perhaps going to leave to Ms. Loukas when she is in court, but of
5 course I have to discuss it with her. But on Zvornik I would be
6 misleading the Court if I were to suggest that I am going to come back and
7 say that it's realistic to do it this week.
8 JUDGE ORIE: The Chamber will look at it and will also see what
9 the consequences are if no decision has yet been taken on that issue. Of
10 course, that's important for the Chamber.
11 Then as far as 674 is concerned, we'll have a look the handout,
12 review it, and see if there is any mistake there, also on the basis of the
13 submissions made by the parties. And then as far as Mr. Banjanovic is
14 concerned, we will hear from the Prosecution as soon as that matter is
15 clear. I think that we are now running out of tape, if we are not --
16 [Trial Chamber and registrar confer]
17 JUDGE ORIE: And I'm just informed that the courtroom schedule has
18 been changed for tomorrow and for Wednesday. We are sitting in Courtroom
19 III and not in Courtroom II.
20 Any other issue?
21 MR. MARGETTS: Just to clarify on Witness 674, I think that the
22 form of words in the handout comes from the application of the
23 Prosecution, so there's definitely no error in the handout itself, it's
24 just specifically what was contemplated by that and what is encapsulated
25 in the transcript. The transcript does refer to the statement and the
1 statement is adopted in the transcript that is admitted. And whether that
2 means that the statement is included in the package or whether the
3 statement is sort of -- somehow missed out be included into the package.
4 That's the question that we're asking.
5 JUDGE ORIE: We'll look at it. I couldn't give you an answer
6 right away at this very moment.
7 MR. STEWART: Your Honour, may I mention a tiny point in relation
8 to this. It's just a request. It would be extremely helpful -- on
9 several occasions over the last two, three weeks the Trial Chamber has
10 produced some sort of handout or schedule or something like this that is
11 extremely helpful. What would be extra, extra helpful is that if somebody
12 in the Trial Chamber would also e-mail to the parties those items, which
13 are presumably prepared on a computer. That would be double-helpful, Your
14 Honour, but we are grateful for the material in the form that it is.
15 JUDGE ORIE: If there are material that could not be done before
16 the Chamber finally has distributed --
17 MR. STEWART: No, Your Honour that's understood.
18 JUDGE ORIE: But later on --
19 MR. STEWART: That's the later, the same day, or next day or
20 something so that we have it then.
21 JUDGE ORIE: Yes.
22 I will discuss that and I see no problems at this moment.
23 I see, however, that we have one minute left on the tape.
24 MR. MARGETTS: Your Honour, I think is response is due in respect
25 of P252A.1 from the Defence and the Trial Chamber has received e-mails in
1 relation to that. That's the transcript that was subject to a translation
3 JUDGE ORIE: Mr. Margetts, that's --
4 MR. STEWART: I can check my list, Your Honour. We're on that
6 JUDGE ORIE: -- that's now on the record.
7 We'll adjourn until tomorrow morning, 9.00, same courtroom.
8 --- Whereupon the hearing adjourned at 1.04 p.m.,
9 to be reconvened on Tuesday, the 10th day of
10 May, 2005, at 9.00 a.m.