Tribunal Criminal Tribunal for the Former Yugoslavia

Page 4320

1 Monday, 3 July 2000

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 9.32 a.m.

5 JUDGE MUMBA: Good morning. May the registrar please call the

6 case.

7 THE REGISTRAR: [Interpretation] Good morning. Case number

8 IT-96-23-T, IT-96-23/T, the Prosecutor versus Dragoljub Kunarac, Radomir

9 Kovac, and Zoran Vukovic.

10 JUDGE MUMBA: The Trial Chamber will go ahead with its decision on

11 the motion of acquittal by the Defence. I just want to confirm whether

12 the parties are the same as before.

13 The Prosecution?

14 MR. RYNEVELD: Yes, Your Honour. The parties are the same, yes.

15 JUDGE MUMBA: And the Defence? I'm sure, I notice the same

16 Defence counsel are present in court.

17 As you know, the Trial Chamber was not able to complete the

18 deliberations on the motions for acquittal because of the fact that

19 Judge Pocar was sitting on the Appeals Chamber in Arusha, and he just came

20 over the weekend, but the Trial Chamber will give an oral ruling. The

21 written decision with its reasoning will follow later today.

22 The decision on the judgement of acquittal motion is as follows:

23 Trial Chamber enters acquittal in favour of the accused Dragoljub Kunarac

24 on Count 13, plunder in the Kunarac and Kovac indictment.

25 The Trial Chamber holds that the accused Zoran Vukovic has no case

Page 4321

1 to answer in relation to the allegations made by Witness FWS-48 in support

2 of Counts 33, 34, 35, and 36 of the Vukovic indictment. This means that

3 Count 33, 34, 35, and 36 are still standing. Otherwise, the Trial Chamber

4 dismisses the motion for judgement of acquittal pursuant to Rule 98 bis.

5 The motion for self-conduct orders, videolink testimony, and

6 assignment of pseudonym, the Trial Chamber will shortly deal with the

7 pseudonym request in private session.

8 The Trial Chamber has decided to grant the request for

9 self-conduct orders for all the Defence witnesses which are concerned with

10 this motion, and the Trial Chamber has also granted the videolink request

11 testimony for two Defence witnesses. The written decision will follow in

12 due course.

13 With regard to videolink testimony, the parties and the registry

14 are requested to inform the Trial Chamber as soon as possible when this

15 testimony will take place. For practical reasons, those dates should be

16 fixed because of the technical arrangements that have to be made.

17 The opening of the Defence case in this regard will be adjourned

18 to tomorrow morning at 0930 hours.

19 The Trial Chamber will now move into private session for the other

20 motions.

21 [Private session]

22 (redacted)

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21 [Open session]

22 JUDGE MUMBA: We're back in public session.

23 The Trial Chamber will rise. The proceedings will continue

24 tomorrow morning at 0930 hours with the opening of the Defence case.

25 The Trial Chamber will rise.

Page 4324

1 --- Whereupon the hearing adjourned at 9.42 a.m.,

2 to be reconvened on Tuesday, the 4th day of

3 July, 2000 at 9.30 a.m.

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