Tribunal Criminal Tribunal for the Former Yugoslavia

Page 12

1 Tuesday, 16 October 2001

2 [Status Conference]

3 [Open session]

4 [The appellants entered court]

5 --- Upon commencing at 2.36 p.m.

6 JUDGE SHAHABUDDEEN: Will the registrar please call the case next

7 on the list.

8 THE REGISTRAR: Good afternoon, Your Honour. Case number

9 IT-96-23-A, IT-96-23/1-A, the Prosecutor versus Dragoljub Kunarac, Radomir

10 Kovac, and Zoran Vukovic.

11 JUDGE SHAHABUDDEEN: May I have the appearances, please.

12 MR. PRODANOVIC: [Interpretation] Good afternoon, Your Honour. I

13 am Slavisa Prodanovic, Defence counsel for the accused Dragoljub Kunarac.

14 MR. KOLESAR: [Interpretation] Good afternoon, Your Honour. My

15 name is Momir Kolesar. I am Defence counsel for the accused Radomir

16 Kovac.

17 MR. JOVANOVIC: [Interpretation] Good afternoon, Your Honour. My

18 name is Goran Jovanovic, and I represent Mr. Zoran Vukovic.


20 For the Prosecution.

21 MR. CARMONA: Good day, Your Honour.

22 THE INTERPRETER: Microphone, please.

23 MR. CARMONA: Good day, Your Honour. May it please you, my name

24 is Anthony Carmona. I appear on behalf of the Prosecution. Together with

25 me is Ms. Helen Brady and Ms. Rashid, Norul Rashid; and my case manager is

Page 13

1 Mr. Wolfgang Sakulin.

2 JUDGE SHAHABUDDEEN: Thank you very much. The appellants can hear

3 me? Yes. All three appellants can hear me? Yes. Thank you.

4 We are meeting today in this Status Conference pursuant to a

5 Scheduling Order dated 26 September 2001. The last Status Conference was

6 held, I believe, on the 25th of June, 2001. The relevant Rule was then

7 read out. Is there a need for me to read out the relevant Rule again?

8 Basically, the provision of Subrule 65 bis (B) requires a Status

9 Conference to be held every 120 days in order, substantially, to allow the

10 appellants, the parties, to state any concerns they have and to afford to

11 them an opportunity to be updated by the Bench on the state of the

12 existing proceedings.

13 Now, I will have some things to say on the state of play as the

14 matters now stand, and perhaps I had better set that out first. There is

15 a briefing schedule, and the process has almost fulfilled itself, subject

16 to two points, and one is this, that -- one concerns the question of

17 filing of public versions of certain pleadings. Now, the Bench has

18 received a paper writing from the Defence for Mr. Vukovic in which they

19 take the position that the appellants' brief was filed

20 non-confidentially. It may well be, however, that if you were to discuss

21 the matter with the Registrar, you'll find there's an item, to which I

22 should not refer to in public, which is not suitable for general

23 publication and which therefore should be redacted, and that is why the

24 Registrar filed that particular pleading confidentially, although it was

25 not so submitted by Mr. Vukovic's Defence team.

Page 14

1 So could I take it that that will be done, that you will hold some

2 conversation with the Registrar to find out what exactly might be usefully

3 redacted? I think it's only probably a sentence or two, and then we could

4 proceed with the matter.

5 Then our order relating to the filing of public versions of

6 certain pleadings neglected to mention one additional pleading which might

7 be referred to now, and it's the reply by the appellants Mr. Kunarac and

8 Mr. Kovac of 4th of September, 2001. That was not specified in our order

9 requesting public versions of certain documents to be filed.

10 May I suggest that a public version of that document be now

11 filed. It was filed confidentially, I think, on 4th of September. I

12 would propose that a public version be now filed, say, within seven days.

13 Where are we today? Tuesday the 16th. I would say by Wednesday of next

14 week would be suitable. Do you think?

15 MR. PRODANOVIC: [Interpretation] Your Honour, as far as the

16 Defence go for the Kunarac appellant, there is no problem, Your Honour.

17 We will abide by the deadline set by you.


19 THE INTERPRETER: Microphone. Sorry.

20 MR. KOLESAR: [Interpretation] Your Honour, the same applies to the

21 Defence team for the appellant Kovac.

22 JUDGE SHAHABUDDEEN: The Bench is duly indebted to both of you.

23 Thank you very much.

24 Now, there remains for me to give an indication of the likely

25 hearing dates of the appeal. We have in mind - and I hope this meets with

Page 15

1 the convenience of both parties - a hearing date sometime during the first

2 week of December. I'm not in a position to specify that definitively now,

3 so I only indicate it in a provisional way and subject to confirmation so

4 that, for the convenience of counsel and the parties to the case, that

5 could be taken into account. We have in mind coming forward with a

6 Scheduling Order later on which will formally specify the exact dates of

7 the hearing we are proposing.

8 Now, the last thing which I should mention concerns -- it's a

9 housekeeping matter, really. It concerns the possible utility of some

10 degree of collaboration between Defence counsel, taking into account the

11 fact that as it appears to the Bench now, there are areas in the pleadings

12 which could usefully be the subject of some degree of cooperation between

13 Defence counsel. I speak to Defence counsel and not to prosecuting

14 counsel because there are three parties on one side and only one party on

15 the other side.

16 What I have in mind is that you have some issues which either

17 wholly or partly relate to each of the appellants, and it may be that

18 Defence counsel could work out an arrangement by which they could agree to

19 having issues of that kind presented by one Defence counsel with the other

20 Defence counsel adding any variations on the theme pursued by the first

21 Defence counsel. If you can work that out for us, that would be -- we

22 will be very willing to receive your ideas, and I suggest that you might

23 work out such a programme in time for it to be delivered to, I would

24 think, the Senior Legal Officer of the Tribunal, the Chamber, by, say, the

25 1st of November. Would that be suitable? Then the Chamber could, on the

Page 16

1 basis of that, proceed to make an order.

2 Let me indicate to you some of the issues which may lend

3 themselves to that kind of a combined treatment. There's the issue of the

4 existence of an armed conflict, the nexus between such a conflict and the

5 acts of the accused. Then there's an issue under Article 5 relating to

6 the criteria which are applicable for the determination of whether there

7 was a widespread or systematic attack against the civilian population. I

8 don't think it would be particularly helpful to have a repetition of

9 common argumentation on these items.

10 And then there is another one. There's the question of the

11 definition of the crimes of enslavement, torture, and rape, and also

12 rulings about accumulated convictions and charges, and then you have also

13 the question of sentencing. There may be areas in all of these in which

14 you might detect some degree of potential overlapping, and you might want

15 to eliminate those excrescences from the presentation.

16 I appreciate, of course, that one counsel may well have a

17 different perception of an issue from that adopted by another counsel, and

18 then it would be quite legitimate for several counsel to speak on that

19 single issue, giving their own approaches to it. But broadly, I would

20 believe that there are areas which could usefully lend themselves to

21 common treatment by any one of you, as you may agree.

22 Then we have it in mind that the appeal might stretch itself out

23 over three days, and perhaps, though this may not be a matter to be

24 finally settled by you, you might indicate the relative speaking times

25 which you have in mind on particular issues. And that goes also for the

Page 17

1 Prosecution. If you would make such a presentation to the Senior Legal

2 Officer by the 1st of November, then the Bench could follow through with a

3 formal Scheduling Order, specifying, as fairly as is possible, the

4 speaking times to be allocated and the issues to be dealt with by common

5 counsel.

6 Those are the matters on my shopping list. Perhaps there are

7 others. We shall see as you take the floor.

8 Mr. Prodanovic.

9 MR. PRODANOVIC: [Interpretation] Your Honour, I would like to

10 address two points here today. The first is the question of my contact

11 with my client. As you have said, we had our last Status Conference on

12 the 26th of June, or rather, the 25th of June, and since then I have not

13 managed to see my client. So it's been almost four months. I should like

14 to give you the reason.

15 First of all, I had intended to come in August to see my client

16 and to discuss the rulings and the appeals, but my visa expired on the

17 10th of August, and already in July I addressed a request to the Registry

18 for permission to extend my visa so that I could come in August. However,

19 in spite of the efforts made, it was only on the 6th of September that I

20 finally received an extended visa. When I obtained the visa, I asked for

21 approval to come and visit my client in September, because his hand was to

22 have been operated at the end of September. The reply I was given by the

23 Registry was that at this stage there was no need for us to meet

24 frequently, and my request was rejected.

25 I appealed this decision, and in the meantime, I had intended to

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Page 19

1 come at my own expense, but then I was notified that the Status Conference

2 had been scheduled for today, so in that case I decided there was no need

3 for me to come twice within a short period of time. So I leave it up to

4 Your Honours to decide whether this procedure was in order.

5 Another point I wish to address is the condition of health of my

6 client. May I remind you that in 1995 my client had his right elbow blown

7 off as a result of an explosion, and on that day a complicated operation

8 was undertaken in Belgrade by a doctor who treated those war injuries, who

9 specialises in war injuries. Because the treatment was not adequate and

10 rehabilitation in detention was not provided, the condition of his arm

11 visibly deteriorated, and at the request of the Defence counsel, with the

12 permission of the Registry and the Detention Unit, the doctor who did the

13 operation, Dr. Banovic, came here in the month of March to visit the

14 accused, carried out the necessary medical examinations, and issued a

15 report, on the basis of which it emerged that indeed his condition had

16 seriously deteriorated and that another surgery was necessary. In his

17 assessment, in the conversation he had with me, that he could guarantee

18 the success of such an operation given certain conditions, that is, the

19 theatre, the surgeon, et cetera; and after discussions here with the

20 hospital medical staff, he said that if the hospital staff did not have

21 the necessary facilities, he suggested that a team come from Belgrade to

22 assist him. The upshot was that a decision would be taken, and the date

23 of the operation was set for June. In the meantime, Dr. Banovic would

24 provide information regarding the conditions he required.

25 I contacted Dr. Banovic and he informed me that he had not

Page 20

1 received any kind of notification and probably the operation could be done

2 at the end of September. He was expecting to be informed, as he had

3 contacts with the head of the Detention Unit, and he told me that he

4 expected that it could be at the end of September.

5 A couple of days ago, that is, just before I was about to leave to

6 come here, I got in touch with Dr. Banovic again and he said that he had

7 been in touch with the head of the Detention Unit and that he had told me

8 that the date for the operation had still not been fixed, was uncertain.

9 He reiterated then that it would be necessary for that surgery to be

10 carried out as soon as possible, because otherwise there is a very high

11 probability that Kunarac could lose his arm.

12 So I must say again that everything is uncertain as to when the

13 surgery will be done, and I am tabling this issue before you in the fear

14 that, unless such medical treatment is provided, the appellant Kunarac

15 could lose his hand.

16 Thank you, Your Honour. Those were all the points I have to

17 address.

18 JUDGE SHAHABUDDEEN: Thank you, Mr. Prodanovic. There are two

19 issues you have raised. One concerns visiting your client. The other one

20 concerns the issue of visas. I think you will appreciate that the

21 question of visas is a matter really for the administrative authorities of

22 the host country. Certainly I think you could fairly expect the support

23 of the Tribunal in any request which you may make for a visa to be issued

24 on all proper occasions.

25 The second one has to do with your right to visit your client. My

Page 21

1 understanding is this: that you do have a right to visit your client on

2 all necessary occasions, but that is to be separated from the question

3 whether the Tribunal is to incur any financial expenses in connection with

4 any such visit. You may visit on a daily basis, for example. The

5 Tribunal might not be fairly expected to pay for a return trip as between

6 here and Belgrade on a very frequent basis.

7 So that is the position as regards visas and visits.

8 Incidentally, I'm glad to see you here, I'm glad that you've got a

9 visa, and I do hope that your visa will be in force to enable you to

10 attend the hearings of the appeals whenever the hearing is fixed. I

11 believe at the moment, we have in mind the first week in December.

12 Now we come to this question of provisional release. I believe

13 that an order has been made and may have been distributed to you.

14 It seems to me that the operation, from what you've said, could be

15 done in the Netherlands and Dr. Banovic could come for it, and if that is

16 the basis under which you are working, the necessary support could

17 usefully be given by the Registry on that matter to enable the operation

18 to be undertaken here in the presence of or with the assistance of

19 Mr. Banovic, as the health regulations may permit or prescribe. There is

20 no problem there. And if per chance it is necessary to rethink the

21 affixing of the dates of hearing because of that circumstance, well, then,

22 that would have to be done.

23 Mr. Kolesar.

24 MR. KOLESAR: [Interpretation] Your Honour, I, too, will touch upon

25 two points. The first follows on from what my learned colleague lawyer

Page 22

1 Prodanovic has just said. I absolutely agree with you in that frequent

2 visits, and when they are of no particular use, cannot be at the expense

3 of the Tribunal. That is quite clear to one and all. However, the

4 Defence of all three accused in the proceedings so far, and in my profound

5 conviction, never abused that right, and we kept our visits to a minimum.

6 They were not frequent, and they were never useless.

7 Let me inform Your Honour and the rest of you that I visited my

8 client twice at my own expense because I considered it necessary for us to

9 meet, and this was --

10 JUDGE SHAHABUDDEEN: Mr. Kolesar, may I say to you that my

11 explanations were of a general order, and they were not intended to be

12 directed against any particular person.

13 MR. KOLESAR: [Interpretation] Absolutely so, Your Honour. I never

14 doubted that. I didn't feel that it was addressed to me personally.

15 However, I cannot accept the position taken by the Registry, which

16 is that we can, with the client, at any stage of the proceedings, whether

17 when the judgement is in force or the appeals process, that we can contact

18 by telephone. I still hear the words of the President of the Trial

19 Chamber when she said, "Do you know, Defence counsel, that your counsel --

20 that your client stands accused of grievous crimes?" I am fully aware of

21 that, and because of that, the Registry would have to be far more

22 flexible, I think.

23 We don't have much time until the proceedings come to a final

24 close, and therefore, I should like to appeal to the Registry that in

25 addition to the telephone -- we do have the right to have telephone

Page 23

1 conversations with our client, to ask him how he feels, what his state of

2 health is like, but with respect to the brief itself, we don't have time

3 over the phone to go into all the details, and very often the lines are

4 engaged.

5 I asked for a visit from the 1st to the 4th. I was accorded this

6 right on the 1st, when it was too late and when I had received information

7 that the Status Conference was already scheduled for today, so that I

8 received this information late. And in August I visited my client once at

9 my own expense. That is, of course, my own personal problem.

10 But the other point that I should like to raise has to do with the

11 suggestion you made. On behalf of the Kovac Defence team, I accept with

12 satisfaction the idea that certain common positions should be presented by

13 one lawyer so as to not to lose time, and only when our positions differ

14 should we take up the Court's time. But so far, we have always been in

15 agreement.

16 What I, however, am afraid of is that the 1st of November might be

17 too short a time. It's the 16th of October today, which means that the

18 1st of November is fairly soon. We go back on Thursday. My colleague

19 Mr. Jovanovic returns a little later, but we would have to discuss this

20 for a few days, to put it down on paper and to present it to the Court,

21 therefore, I should like to ask the Court's indulgence. Could you extend

22 that deadline by approximately ten days, which would give us enough time

23 to do our work properly and therefore be at the service of the Tribunal

24 and the proceedings in general?

25 So those, Your Honour, are the points that I wish to make. Thank

Page 24

1 you.

2 JUDGE SHAHABUDDEEN: What about the 7th of November? What day of

3 the week will that be, Ms. Registrar, 7th of November?

4 [Appeals Chamber and legal officer confer]

5 JUDGE SHAHABUDDEEN: What about the Friday? What date is that?

6 Calendars are in short supply.

7 [Appeals Chamber and legal officer confer]

8 JUDGE SHAHABUDDEEN: What about Friday, the 9th? Is that

9 agreeable to all counsel? Friday the 9th. All right.

10 MR. KOLESAR: [Interpretation] Yes, Your Honour, the 9th is

11 agreeable.

12 JUDGE SHAHABUDDEEN: Then I give the floor to Mr. Jovanovic.

13 MR. JOVANOVIC: [Interpretation] Thank you, Your Honour. I also

14 have one or two issues to address, or rather, responses to questions

15 posed. First of all, with respect to the Zoran Vukovic Defence, we'll be

16 happy to contact the Registry and clear up any questions with respect to

17 the public character and filing of public versions of pleadings. I am

18 very sorry that this has not been taken off the agenda yet. We feel that

19 the Defence team has done everything in its power to do this and to get

20 clarifications as to which portions would comply with confidentiality.

21 Your Honour said that it was probably a question of one or two sentences.

22 I'm sure we'll be able to solve that problem in the course of the day and

23 to proceed further.

24 The second question is one that we have heard quite a lot about

25 already.

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Page 26

1 THE INTERPRETER: Microphone, Judge, please.

2 JUDGE SHAHABUDDEEN: Yes. Yes. You're right.

3 THE INTERPRETER: Microphone, Judge, please. The microphone for

4 Judge Shahabudeen, please.

5 JUDGE SHAHABUDDEEN: Yes. It is in connection with Mr. Vukovic's

6 pleadings that I mentioned the possible desirability of considering

7 whether one or two sentences might need to be redacted. That's correct.

8 May I also mention this: that I was talking of the appellants'

9 reply, that is, reply of Messrs. Kunarac and Kovac of the 4th of

10 September, and I suggested that public versions might be filed, but I

11 don't think I indicated a date, did I? Would the 24th be agreeable to you

12 for that purpose? I suggest the 24th of this month for the filing of a

13 public version of the reply of Messrs. Kunarac and Kovac.

14 Yes, Mr. Jovanovic. I'm sorry, I interjected some other matters

15 there.

16 MR. JOVANOVIC: [Interpretation] Thank you, Your Honour.

17 The second question, as my colleagues have already touched upon

18 that subject, I would like to add a few words, because this, conditionally

19 speaking, problem, is escalating in an undesirable direction. What I mean

20 is the problem that my colleagues put forward, that is to say, the

21 possibility of my being in contact with my client. And when the problem

22 first cropped up, I informed the Appeals Chamber about that and tabled a

23 new request, which was rejected. The Defence feels that this is somewhat

24 strange. The Registry gave me an answer and made a comment. They said

25 that my request for the authorisation of travel, which I asked for

Page 27

1 consultations and visits to my client, was sparse. I didn't think that it

2 was necessary for me to go into the details of my contacts with my client

3 in this request.

4 The second point I wish to raise is the following: Like my

5 colleague Mr. Kolesar, I too was informed that I could use the

6 confidential telephone line. I am well aware of that. But for the same

7 reasons that Mr. Kolesar put forward, I can't be on that telephone line

8 for hours, nor can I send documents in that way which have reached me in

9 the meantime, such as the response from the Prosecution to our appeal, and

10 my client, therefore, was not informed about the contents of those

11 documents. All I was able to tell him is that the documents arrived in

12 the meantime and the steps we ourselves are taking.

13 So I do fear that if we don't have the chance of contacting our

14 client in a different way, a barrier will have been erected which could

15 have an influence on the proceedings. I know that the Defence cannot ask

16 the registry to be here non-stop, round the clock, and to be able to talk

17 to the client whenever they feel like it, but if we look at the requests

18 that we have made and when we have made that, then I am sure we will form

19 into the general scheduling and framework in which contacts with our

20 client would be very necessary.

21 So those, Your Honour, are some of the points that I wish to put

22 forward here and now, and as far as I have been informed, my client also

23 wished to ask leave to address the Court. Thank you, Your Honour. That

24 would be all.

25 I do apologise, Your Honour. There is one other detail to support

Page 28

1 what I said a moment ago. When we came here today, we learnt, prior to

2 our arrival in the courtroom, that Mr. Kolesar was given the okay for the

3 trip. We all asked to be allowed to travel, but it was only Mr. Kolesar

4 who received this notice and was allowed to do so, which means that a

5 certain amount of discrimination has taken place. Because we're all

6 working on the same case, and if one person is allowed to come, then the

7 others should be able to come too, because Mr. Kolesar cannot do the work

8 of all three of us.

9 That would be all, Your Honour. Thank you.

10 JUDGE SHAHABUDDEEN: Mr. Jovanovic, your client wishes to speak

11 now?

12 MR. JOVANOVIC: [Interpretation] Yes, Your Honour.

13 JUDGE SHAHABUDDEEN: Mr. Kolesar would like to speak?

14 Mr. Kolesar, may we hear Mr. Jovanovic's client, first? I understood that

15 his client wished to speak.

16 MR. KOLESAR: [Interpretation] Your Honour, that has nothing to do

17 with what I was going to say and with this subject. I would like on my

18 own behalf and on behalf of Mr. Kunarac that we agree with the date the

19 4th of October [sic] for the public versions. We agree with the date the

20 4th of October [sic]. That's all I wanted to add.

21 JUDGE SHAHABUDDEEN: Very happily accepted. Very happily

22 accepted.

23 Now, Mr. Vukovic would speak.

24 THE APPELLANT VUKOVIC: [Interpretation] Thank you, Your Honour.

25 My attorney, Mr. Jovanovic, has just explained the problem to you. I am

Page 29

1 faced with a situation in which I will have to withdraw the power of

2 attorney to Mr. Jovanovic because I am not being kept abreast of all the

3 proceedings with respect to the appellants' brief, the appeals process.

4 If the gentleman from the Registry wish to have problems of this kind and

5 extend these proceedings for God knows what reason, then that is the

6 situation I am faced with. That is all I wanted to say. Thank you.

7 JUDGE SHAHABUDDEEN: Mr. Jovanovic and Mr. Vukovic, I am grateful

8 to you for your presentations. May I say this: that in principle, as we

9 would all accept, would naturally respect the right of the party, the

10 appellant, to be in free consultation with his counsel. That's very

11 necessary for the progress of the work of the Tribunal and also for the

12 sound administration of justice. So there's no question about that.

13 But I do believe that the Registry has in mind certain financial

14 disciplines, if I may use that term, and what I would do is this: I would

15 draw a distinction between the right of consultation and the duty of the

16 Registry to incur expenditures except on the basis which appears to the

17 Registry to be reasonable. But on that point, I would direct the

18 secretary today to forward to the Registry a transcript of these

19 proceedings with a request that every care be taken to ensure that the

20 expenses are paid on those occasions on which it is clear that there is a

21 reasonable need for the client to consult with counsel. That will be

22 done.

23 MR. JOVANOVIC: [Interpretation] Thank you very much for your

24 understanding, Your Honour.

25 JUDGE SHAHABUDDEEN: Thank you. Now we have finished with this

Page 30

1 side of the Court. We turn to that side of the Court, to the Prosecution

2 bench -- yes, Mr. Jovanovic.

3 MR. JOVANOVIC: [Interpretation] Your Honour, I do apologise for

4 taking the floor again, but I've just noticed that Mr. Kunarac wishes to

5 address the Court as well.

6 JUDGE SHAHABUDDEEN: Mr. Prodanovic, what do you say?

7 MR. JOVANOVIC: [Interpretation] My colleague Mr. Prodanovic

8 didn't note -- notice.

9 MR. PRODANOVIC: [Interpretation] I did not notice the precise

10 moment when my client, Mr. Kunarac, asked leave to take the floor, so I

11 didn't react. May we allow him to do so?

12 JUDGE SHAHABUDDEEN: You do not have the advantage of ready

13 visibility from the position which you occupy. So we're grateful to

14 Mr. Jovanovic for having noticed that fact, and we invite Mr. Kunarac to

15 take the floor.

16 THE APPELLANT KUNARAC: [Interpretation] Your Honour, thank you

17 very much for allowing me to address the Court. I have followed these

18 proceedings with respect to the visits by the attorneys. Let me say that

19 from the end of trial to the present day, I saw my lawyer four times, four

20 times in the space of one year. On the 26th of November last year was the

21 last date of the trial -- day of the trial. I saw him again in February

22 when the judgement was delivered. I next saw him in the month of April,

23 between the judgement and the judgement received in the B/C/S version, and

24 the last time I saw him was on the 15th of June when I actually received

25 the judgement myself.

Page 31

1 On the 26th of June, he attended a meeting, but I had a family

2 visit and the Detention Unit does not allow visits by family members and

3 attorneys at the same time. So I did not see him on that occasion. This

4 is the first time I'm seeing him after that.

5 He wrote at -- an appeal and I saw the text of the appeal today.

6 He received a response by the Prosecutor to that appeal, but I haven't had

7 a chance to see it yet. He then responded to the response of the

8 Prosecution, and I have not had occasion to see that text either, which

9 means I have not had occasion to contribute to my own defence, and

10 therefore, I don't think that these proceedings are fair and just in that

11 sense. I do not have the chance. I'm not being given the chance to

12 participate in my own defence. If you consider that that is fair and

13 just, let it be so. Thank you.

14 JUDGE SHAHABUDDEEN: Well, thank you, Mr. Kunarac. Be assured

15 that your statement would be included in the transmission to be made to

16 the Registrar with an expression of opinion from the Bench that expenses

17 be met by the Registry on all occasions on which it is proper for

18 consultations to be had, bearing in mind that it is very necessary for

19 consultations to be had if the work of the Tribunal is to proceed in a

20 sound and sensible way.

21 Now we turn finally to the Prosecution again, and I invite

22 Mr. Carmona to take the floor. Do you have anything to say, Mr. Carmona?

23 MR. CARMONA: Indeed, Your Honour. The Prosecution wishes to

24 align itself with the view expressed by the Court with regard to the

25 suggestion that common grounds of appeal are in fact dealt with in the

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Page 33

1 manner suggested, in the context relatively of time and opportunity as the

2 case presents itself. We wish to endorse this approach in keeping with

3 the need for expedition in these proceedings, and to that extent we wish

4 to not only endorse but indicate likewise we intend to structure our

5 arguments in a manner that will facilitate this approach by the Tribunal.

6 To the extent that redaction is required in relation to the

7 Vukovic brief, the Prosecution indicates at this status hearing that it is

8 our intention to revisit our response brief to meet with the concerns as

9 expressed by the Court on this whole concept of redaction for public

10 consumption.

11 Apart from this, Your Honour, this essentially is what in fact we

12 wish to indicate at this point in time. I'm much obliged.

13 JUDGE SHAHABUDDEEN: Very good. Mr. Hocking.

14 [Appeals Chamber and legal officer confer]

15 JUDGE SHAHABUDDEEN: I think we've had a useful afternoon and

16 concerns which have been expressed have been duly noted and will be

17 transmitted in a proper way for the necessary action to be taken by the

18 Registry.

19 There seems to be nothing more to be said from any quarter to the

20 Bench. We would now take the adjournment.

21 --- Whereupon the Status Conference adjourned

22 at 3.30 p.m.