Page 12852
1 Tuesday, 10 May 2005
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.10 a.m.
5 JUDGE ORIE: Good morning to everyone in the courtroom and also
6 those just outside who are, as always, assisting us.
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. The next witness called
11 will be a 92 bis witness who was required to appear for cross-examination.
12 Protective measures are granted in respect of this witness by a decision
13 of Trial Chamber II. The witness will be -- will testify in closed
14 session, Madam Registrar, could we please turn into closed session?
15 MS. LOUKAS: Your Honour, before we go into closed session, there
16 is a matter I have to raise.
17 JUDGE ORIE: Yes.
18 MS. LOUKAS: And that is in relation to the conveying of material
19 to Mr. Krajisnik at the United Nations Detention Unit. I had a conference
20 with Mr. Krajisnik yesterday afternoon, and Mr. Krajisnik raised the fact
21 that a particular -- in fact three CDs, the usual process had been gone
22 through in relation to signing the relevant documents and what have you
23 and of course in this electronic age, the introduction of electronic
24 material must be as swift to ensure that the Court proceedings themselves
25 are conducted as efficiently as possible. And what occurred was this:
Page 12853
1 Just to give you a very quick chronology, Mr. Krajisnik had a conference
2 with Mr. Stewart on Friday evening, the relevant papers were signed and
3 this for the CDs to go over to Mr. Krajisnik.
4 When I got there yesterday afternoon, Mr. Krajisnik still had not
5 received the CDs and so I then spoke to Mr. Fraser Gilmour from the United
6 Nations Detention Unit and I said this had occurred and we're anxious to
7 get the CDs there as soon as possible. That's important for the court
8 proceedings. He indicated that while I was in conference, the CDs would
9 be brought down to Mr. Krajisnik while I was in conference or very soon
10 thereafter. Now I've asked my case manager to confirm this morning. Mr.
11 Krajisnik still has not received the CDs. Now, I understand that the
12 people at the UNDU do the best they can and I understand the nature of the
13 rules and the bureaucracy but, Your Honours, I bring this matter to the
14 attention of the Tribunal because it's critical that Mr. Krajisnik is able
15 to receive the material in electronic format in as expeditious a time
16 frame as possible. And when we are able to pass over legal papers and we
17 have this constant problem with the handover of electronic material, it's
18 certainly in our submission, and it would be clear to the Trial Chamber of
19 course, that this does hamper the ability of the Court to proceed in an
20 orderly fashion if the material has not been received. And I place that
21 on the record Your Honour because I hope that in some way placing it on
22 the record and perhaps having Your Honours' intervention will ensure that
23 we don't have the sorts of delays with electronic material.
24 JUDGE ORIE: It's not only a matter of placing matters on the
25 record but of course, the Chamber will look at the matter and -- not only
Page 12854
1 to put it on the record but also to see whether this was an incident or
2 whether this is a standing practice and to do whatever this Chamber can to
3 promote a quick exchange of electronic material.
4 MS. LOUKAS: Thank you, Your Honour, and Mr. Krajisnik appreciates
5 that, as I do.
6 JUDGE ORIE: Then we will close into closed session. And Madam
7 Usher, could you please pull the curtains down.
8 [Closed session]
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14 [Open session]
15 JUDGE ORIE: We are in open session at this moment.
16 During the closed session, the Chamber has given a decision on
17 protective measures to be granted in respect to the next witness to be
18 called by the Prosecution. The Chamber further will consider to what
19 extent what has been said in closed session and what related to the
20 suggestions made by the accused on how to proceed in this case, whether
21 they could be made public or not, and the Chamber expects further
22 submissions to that from the parties and keeps in mind that Mr. Krajisnik
23 himself has said that he himself was happy that the matter was dealt with
24 in closed session, although under the normal circumstances would not be
25 matters that should be dealt with in closed session.
Page 12924
1 MS. LOUKAS: I can indicate, Your Honour, that Mr. Gaynor and I
2 have had preliminary discussions on this matter and I will have a further
3 discussions with Mr. Krajisnik on this.
4 JUDGE ORIE: So we'll not take any decisions too quickly. Then
5 further, Ms. Loukas, the Chamber has inquired into the matter of the CDs.
6 There seems to have been a problem with filling in the forms incorrectly,
7 at least that's what the reports tell us.
8 MS. LOUKAS: Well of course, Your Honour, I can't speak to that
9 because the conference --
10 JUDGE ORIE: Let's not discuss it at this moment. It's mainly to
11 emphasise that the Chamber at least through the Registry has taken
12 immediate action and I think, as a matter of fact, that the content of the
13 comments by the Registry could certainly assist in preventing similar
14 things to happen in the future. So to that extent, I take it that we'll
15 have an opportunity to convey the content of the information we received
16 to you, Ms. Loukas, so in order to make the communication by electronic
17 means more smoothly.
18 MS. LOUKAS: I'm much obliged to Your Honours for that and I can
19 indicate I've had a preliminary discussion with Ms. Philpott who of course
20 with her usual efficiency has taken matters very much in hand.
21 JUDGE ORIE: When I say the Chamber has done things it's very
22 often Ms. Philpott who does it.
23 MS. LOUKAS: Indeed.
24 JUDGE ORIE: The next witness will be examined in closed session
25 and under pseudonym. So Madam Usher could you close the curtains, pull
Page 12925
1 the curtains down and then, Madam Registrar, we would like to turn into
2 closed session.
3 [Closed session]
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22 --- Whereupon the hearing adjourned at 1.45 p.m.,
23 to be reconvened on Wednesday, the 11th day of
24 May, 2005, at 9.00 a.m.
25