Tribunal Criminal Tribunal for the Former Yugoslavia

Page 16932

 1                          Friday, 26 October 2007

 2                          [Open session]

 3                          [The accused entered court]

 4                           --- Upon commencing at 9.04 a.m.

 5            JUDGE AGIUS:  Good morning.  Madam Registrar, can you call the

 6    case, please.

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

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

 9            JUDGE AGIUS:  Thank you.  All the accused are here.  From the

10    Defence teams I notice the absence of Mr. Lazarevic, Mr. Haynes.  That's

11    about it, I think.  Prosecution is the same team, Mr. McCloskey, and

12    Ms. Janisiewicz.

13            JUDGE AGIUS:  I understand that there is some preliminary.

14            Madam Fauveau.

15            MS. FAUVEAU: [Interpretation] Your Honour, I just wanted to say

16    that with respect to the matter we discussed yesterday, the documents that

17    should be disclosed to us under Rule 70 are indeed the diary of the -- of

18    Witness 14 and other documents that are very relevant in terms of the

19    testimony of General Schmidt.  Second thing, yesterday we received an

20    interview of the witness currently before us.  I would therefore ask the

21    Chamber to allow me to cross-examine the witness for a further 10 minutes

22    based on the interview I received yesterday.  Of course at the moment I

23    can't tell you if I really need the entire 10 minutes because my

24    colleagues might cover all these issues, but nonetheless, I'd like to ask

25    for 10 extra minutes to cross-examine the witness.

Page 16933

 1            JUDGE AGIUS:  What interview -- thank you, Madam Fauveau.  What

 2    interview is Madam Fauveau referring to?

 3            MR. McCLOSKEY:  Yes.  Good morning, Mr. President.

 4            JUDGE AGIUS:  Good morning.

 5            MR. McCLOSKEY:  We, on request of the Nikolic team, found a

 6    transcript and a video of an interview with the witness that had been

 7    provided to the Defence in the form of a signed statement, and so we were

 8    not aware until we looked in a place that -- you know how the system

 9    works, but we found a misfiled videotape of something that had been done

10    by another team, a signed statement of the interview.  So they had a

11    signed statement of the interview but then in addition to that we found a

12    video and a transcript.  So they need -- Ms. Fauveau is looking at that

13    video and transcript to see if there's anything new or different than the

14    signed statement.  So I have no objection to that.

15            JUDGE AGIUS:  Mr. Bourgon.

16            MR. BOURGON:  Good morning, Mr. President.  This is an issue that

17    came about before last night and we have not addressed the Trial Chamber

18    at this time, but we will do so after the end of my cross-examination.  We

19    feel that the situation is much more complex than what has been described

20    by my colleague, but we don't want to address it at this time because it's

21    not only one tape that is missing, (redacted)

22    (redacted)

23    (redacted)

24    So we will address the Trial Chamber in this respect after the end of my

25    cross-examination.  Thank you, Mr. President.

Page 16934

 1            JUDGE AGIUS:  All right.  The pleasure is yet to come.  We've

 2    taken note of what you have stated.  You still have to come back to us on

 3    the Rule 70 issues, still unresolved.

 4            MR. McCLOSKEY:  Yes.  No news on that.  We're still talking with

 5    New York and trying to get them had to speed up.  So that's not an issue.

 6    We have been able -- or can we be in closed session?

 7            JUDGE AGIUS:  Yes.  Let's go into closed session.

 8                          [Closed session]

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22                          --- Whereupon the hearing adjourned at 1.42 p.m.,

23                          to be reconvened on Monday, the 29th day

24                          of October, 2007, at 9.00 a.m.