Tribunal Criminal Tribunal for the Former Yugoslavia

Page 5315

 1                           Tuesday, 7 April 2009

 2                           [Open session]

 3                           [The witness takes the stand]

 4                           [The accused entered court]

 5                           --- Upon commencing at 9.00 a.m.

 6             JUDGE MOLOTO:  Good morning to everybody in and around the

 7     courtroom.

 8             Madam Registrar, would you please call the case.

 9             THE REGISTRAR:  Good morning, Your Honours.  Good morning to

10     everyone in and around the courtroom.  This is case number IT-04-81-T,

11     The Prosecutor versus Momcilo Perisic.

12             JUDGE MOLOTO:  Thank you so much.

13             May we have the appearances for today, starting with the

14     Prosecution, please.

15             MR. THOMAS:  Good morning, Your Honours.  Good morning to

16     everyone in and around the courtroom.  Barney Thomas, Salvatore Cannata,

17     and Carmela Javier for the Prosecution.

18             JUDGE MOLOTO:  Thank you very much.

19             And for the Defence.

20             MR. LUKIC: [Interpretation] Good morning, Your Honours.  Good

21     morning to everyone in the courtroom.  Mr. Perisic's Defence today is

22     represented by Milos Androvic, Daniela Tasic, Gregor Guy-Smith, and Novak

23     Lukic.

24             JUDGE MOLOTO:  Thank you so much, Mr. Lukic.

25             Good morning, sir.

Page 5316

 1             THE WITNESS: [Interpretation] Good morning, Your Honours.  Good

 2     morning to everyone.

 3             JUDGE MOLOTO:  Just to remind you that you are still bound by the

 4     declaration you made at the beginning of your testimony to tell the

 5     truth, the whole truth, and nothing else but the truth, okay?

 6             Mr. Lukic.

 7             Before you start, should we or should we not go into private

 8     session?

 9             MR. LUKIC: [Interpretation] Yes, yes.  This is what I was going

10     ask for, Your Honour.  We need to return to private session, please.

11             JUDGE MOLOTO:  Thank you so much.

12             May the Chamber please move into private session.

13                           [Private session]

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11 Pages 5317-5329 redacted. Private session.















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25                           [Closed session]

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 6                           [Open session]

 7             THE REGISTRAR:  Your Honours, we're back in open session.

 8             JUDGE MOLOTO:  Thank you, Madam Registrar.

 9             Yes, Mr. Cannata.

10             MR. CANNATA:  Yes, Your Honour.  Just one housekeeping matter I

11     wish to raise.  It concerns some of the exhibits tendered through Witness

12     Dr. Nakas.  As Your Honours might recall, there was some exhibits

13     admitted as MFI, marked for identification, on account of some

14     translation issues that we have with the documents.

15             Now those issues have been resolved, and with the agreement with

16     the Defence, I'm going ask you to move these exhibits from MFI to proper

17     exhibits.  And with your leave, I'm going to give you the following

18     exhibit numbers.

19             Those exhibits would be P221, P222, P224, P22 -- sorry, let me

20     strike these and start again.  I apologise.  Now the exhibits will be

21     P2221, P2222, P2224, P2226, P2227, P2228, and P2229.  And the Prosecution

22     asks for those documents to be exhibited properly and with no reference

23     to MFI.

24             JUDGE MOLOTO:  Thank you, Mr. Cannata.

25             Mr. Cannata, the Chamber was going to render an oral decision

Page 5332

 1     just now in relation to some other exhibits about which the parties also

 2     have agreed that the MFI might be removed.  Are you absolutely sure these

 3     ones that you are referring are not part of the motion that was filed on

 4     the 6th of April, which is yesterday?

 5             MR. GUY-SMITH:  The answer to that would be, yes, Your Honour.

 6             JUDGE MOLOTO:  Yes, they are not part of that?

 7             MR. GUY-SMITH:  Yes, they are not part of that.  Yes.

 8             JUDGE MOLOTO:  Thank you so much.

 9             What is the Defence's response to these ones that Mr. Cannata is

10     referring to?

11             MR. GUY-SMITH:  Mr. Cannata has accurately indicated what the

12     agreement is between the parties with regard to these exhibits now that

13     they have been corrected.

14             JUDGE MOLOTO:  Thank you very much.

15             Madam Registrar, those exhibits which were marked for

16     identification, there about one, two, three, four, five, six, seven of

17     them, starting with P2221 to 2229.  May the MFI please be removed from

18     them.

19             THE REGISTRAR:  Your Honours, the status of those will be changed

20     to exhibit.

21             JUDGE MOLOTO:  Thank you so much.

22             Was that all the housekeeping you had, sir?

23             MR. CANNATA:  Yes, Your Honour.

24             JUDGE MOLOTO:  Thank you so much.  Before I call you again, may I

25     deal with the housekeeping from the Chamber.

Page 5333

 1             On the 6th of April, 2009 the Defence filed its partly

 2     confidential notification on the MFI documents tendered via

 3     Bretton Randall, whereby it withdrew its previous objections and agreed

 4     to admission into evidence of 183 documents previously MFI'd by the

 5     Trial Chamber during the testimony of Bretton Randall.

 6             The Trial Chamber therefore admits into evidence as exhibits the

 7     documents listed in the confidential Annex A to the Defence notification.

 8             And that the -- the status be removed from marked for

 9     identification to full exhibits.

10             Mr. Thomas.

11             MR. THOMAS:  Yes, sir.  I can address you, Your Honours, that

12     concludes not just the housekeeping matters but also the evidence for

13     today and for the week.

14             JUDGE MOLOTO:  Oh, does it then -- that means we postpone to the

15     20th.

16             MR. THOMAS:  I understand that is now to the 21st, Tuesday the

17     21st of April.

18             JUDGE MOLOTO:  But I saw some surprise on the Defence faces.  Was

19     that not what you expected, gentlemen?

20             MR. LUKIC: [Interpretation] Your Honour, we're not surprised, but

21     I was more actually confused by your -- what you said, that it is on the

22     20th, because my understanding was that we are resuming on the 21st,

23     because that's what I heard yesterday, that we are resuming on Tuesday,

24     the 23rd.

25             JUDGE MOLOTO:  I have heard that rumour.  But I have looked at

Page 5334

 1     the schedule from the people who control the court schedule, and I have

 2     seen us scheduled for the 20th.  And being an obedient child, I thought,

 3     I'm going to stick to the schedule.  What is the reason we're not sitting

 4     on the 20th?

 5             MR. LUKIC: [Interpretation] If I may just say, on behalf of the

 6     Defence, that we are ready, and, as far as the Defence team, we're all

 7     going to be here whenever you say we should be here to resume.

 8             JUDGE MOLOTO:  That is not my question, Mr. Lukic.  My question

 9     is do you know what the reason for us not sitting on the 20th?

10             MR. LUKIC: [Interpretation] The Defence does not have any

11     information to that effect.

12                           [Trial Chamber confers]

13             JUDGE MOLOTO:  I have been appropriately apprised.  Thank you so

14     much.

15             Then we stand adjourned to the 21st of April, Courtroom I, 9.00

16     in the morning.

17             Court adjourned.

18                            --- Whereupon the hearing adjourned at 9.44 a.m.,

19                           to be reconvened on Tuesday, the 21st day of April,

20                           2009, at 9.00 a.m.