071019ED

Page 16602

1 Friday, 19 October 2007

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 9.07 a.m.

5 JUDGE AGIUS: So good morning, everybody, and good morning to you,

6 Madam Registrar. Let's proceed by calling the case, please.

7 THE REGISTRAR: Good morning, Your Honours. This is the case

8 number IT-05-88-T, the Prosecutor versus Vujadin Popovic et al.

9 JUDGE AGIUS: I thank you, ma'am.

10 All the accused are here. From the Defence teams I only notice

11 the absence of Mr. Ostojic and Ms. Kondon, yes, and Ms. Kondon.

12 From the Prosecution side I see Mr. McCloskey and Ms. Janisiewicz

13 and no one else. No preliminaries, I take it, so let's go -- there's

14 also -- let's go into closed session, please.

15 [Closed session]

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Page 16603

11 Pages 16603-16629 redacted. Closed session

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14 [Open session]

15 JUDGE AGIUS: Is it a matter that --

16 MR. BOURGON: There's no problem with the counsel for the witness

17 to be present.

18 JUDGE AGIUS: All right. Okay. But --

19 MR. BOURGON: It's a very short matter indeed, Mr. President.

20 JUDGE AGIUS: No cameras in that direction, please.

21 All right, go ahead, Mr. Bourgon.

22 MR. BOURGON: Thank you, Mr. President. I would just like to

23 express at this point in time that we appreciate the Court's holding at

24 page 10, lines 4 to 7 --

25 JUDGE AGIUS: One moment, one moment.

Page 16631

1 MR. BOURGON: -- concerning the time which will be used for

2 cross-examination by the various teams following counsel representing the

3 accused Vinko Padurevic. But, Mr. President, we would like to put on the

4 record - and I speak for this team at least at this point in time - that I

5 am particularly worried about what the Trial Chamber said that we will

6 immediately intervene if there are repetitive questions and we will stop

7 you.

8 Mr. President, we believe that the Trial Chamber has been patient,

9 if not very patient, with my colleague representing the accused Vinko

10 Padurevic, and that we should not be penalised in this respect. I

11 understand that if repetitive questions lead nowhere, then of course I

12 anticipate that I will be stopped when I do my cross-examination. But

13 there are areas that I will go into which indeed will be a repetition of

14 what was done by my colleague, and that was to -- the aim of this will be

15 to elicit different evidence, to speak to the witness with a different

16 angle of approach and with a different aim. And I hope, Mr. President,

17 that the Trial Chamber will be as patient with me as it was with my

18 colleague. Thank you very much, Mr. President.

19 JUDGE AGIUS: I think the last thing you can criticise this Trial

20 Chamber for is lack of patience, and -- but you can, of course, and your

21 experience should suffice here, without the need of repeating the

22 questions to elicit the same answer. You can go straight with the witness

23 straight to the part where he supposedly has stated, et cetera, say, This

24 is your statement, now I have got some questions for you. This is

25 basically the way you should go about, in other words. Of course you can

Page 16632

1 revisit certain areas if you're not happy with the testimony of the

2 witness. But there are ways and means of doing it. You don't go through

3 the whole process of asking the same questions again, only to find out

4 that he is giving the same answers. Go straight to -- this is -- go

5 straight to the point. This is what we have -- and then of course we'll

6 use our discretion.

7 MR. BOURGON: I will endeavour to do so and I appreciate the

8 Court's holding. Thank you, Mr. President.

9 JUDGE AGIUS: Yes. Mr. Zivanovic, if we are going to continue on

10 this, I think we better go --

11 MR. ZIVANOVIC: I just wanted to join the submission of

12 Mr. Bourgon. Thanks.

13 MR. MEEK: Mr. President, we would also join that, because

14 obviously we have different interests with different accused, as you well

15 know, and you have been very patient with us. Thank you.

16 JUDGE AGIUS: All right. So let's now go back to closed session.

17 Get the witness back in.

18 [Closed session]