1 Monday, 14 May 2007
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 2.15 p.m.
5 JUDGE ANTONETTI: [Interpretation] Registrar, kindly call the case,
7 THE REGISTRAR: Good afternoon, Your Honours. This is case number
8 IT-04-74-T, the Prosecutor versus Prlic et al. Thank you.
9 JUDGE ANTONETTI: [Interpretation] Thank you, registrar.
10 Today we are the 14th of May, 2007. I'd like to welcome the
11 representatives from the Prosecution, Defence counsel, and the accused.
12 Without forgetting, of course, all staff members who are giving us a
13 helping hand.
14 As you know, the Appeals Chamber has handed down as a decision
15 whereby it rejected the application made by the Prosecution which
16 challenged the decision we had handed down on time limitations. The
17 Prosecution, therefore, has 293 hours, as the registrar prepared a chart
18 last week on the time already used. According to my calculations, the
19 Prosecution would have 86 hours left to finish the presentation of its
20 case. Why is this the case? Well, 293 minus 207, which they have had
21 already, equals 86 hours.
22 That said, Mr. Mundis, I have looked at the chart you prepared
23 providing a witness names. Some witnesses have been withdrawn, some are
24 on standby, and some had been scheduled. It is now for you for the
25 remaining witnesses to use these 86 hours as best as possible.
1 That said, Mr. Mundis, as far as I'm concerned, you may resort to
2 92 ter Rule for a number of your witnesses. Of course, given that a
3 number of witnesses have already testified about those facts, this would
4 enable you to put a few questions using -- by using a number of documents,
5 and this would enable Defence counsel to conduct their cross-examination.
6 Rule 92 ter allows for time restriction and, therefore, you might not have
7 to use all of the time for the witnesses you have prepared.
8 I have looked at your chart, and I realised that you withdrew a
9 number of witnesses from your list, witnesses which the Trial Chamber may
10 find useful. If you have decided to withdraw these witnesses, the Trial
11 Chamber feels it is entitled to call these witnesses to testify if they
12 feel it is necessary.
13 So basically you have 86 hours left to finish the presentation of
14 your case. You now have the floor, Mr. Mundis.
15 MR. MUNDIS: Good afternoon, Your Honours, counsel, and everyone
16 in and around the courtroom. I can assure the Trial Chamber that the
17 Prosecution team is continuing to evaluate all of the numbers and
18 particularly the issue of witness scheduling, and we will take into
19 consideration, obviously, the comments made by the Presiding Judge.
20 While I'm on my feet, if I could, I just wanted to also convey two
21 other issues concerning scheduling, and for that if I could briefly go
22 into private session.
23 JUDGE ANTONETTI: [Interpretation] Private session, please.
24 [Private session]
20 [Open session]
21 THE REGISTRAR: We're in open session, Your Honours.
22 MR. MUNDIS: The next issue, Mr. President, concerns the schedule
23 for the month of June. The Prosecution has been operating under the
24 procedure of the Chamber whereby we disclose or distribute the calendar on
25 the 15th of the month preceding that for which the schedule covers. I
1 would ask in this instance that the June schedule not -- that we be
2 allowed to distribute the June schedule no later than Friday the 18th,
3 that is to Friday, rather than tomorrow, and I say that because there are
4 a couple of witnesses that are still slightly unsettled, and if I were to
5 distribute the calendar tomorrow it's extremely likely that on Friday I
6 would have to distribute a revised schedule. So we would ask that instead
7 of disclosing or distributing it tomorrow, that we be given until Friday,
8 and perhaps we can -- we can do it on Thursday, but Friday to be on the
9 safe side, and that will cover the schedule through the month of June.
10 JUDGE ANTONETTI: [Interpretation] Very well. The Trial Chamber
11 grants your request, and you may give us your schedule at the latest on
13 There are two witnesses that have been scheduled for this week.
14 We shall bring in the first witness in a few moments. Given the time
15 allocated to the latter, the Prosecution will have four hours for this
16 witness, and Defence teams will have five hours to cross-examine this
17 witness. So, that said, Mr. Prlic's Defence will have one hour;
18 Mr. Pusic, Defence counsel, will have one hour; Mr. Coric's Defence
19 counsel will have one hour. The three other accused will each have 40
20 minutes each. You can, of course, allocate the time according to your
21 needs. You have five hours all in all. So if there are no delays, the
22 Prosecution should be able to finish today, with a bit of luck should be
23 able to finish his examination-in-chief, which means that we would start
24 with the cross-examination tomorrow morning through to Wednesday. And for
25 the remaining time we could start on the examination-in-chief of the next
1 witness and perhaps even start the cross-examination of this witness.
2 Given that there has been one hour allocated for the examination-in-chief
3 of the second witness and one hour allocated to Defence teams for the
4 cross-examination of the said witness.
5 Mr. Praljak's Defence counsel might just decide to cross-examine
6 this witness, given the position the second witness is.
7 That said, last week we handed down our written decision relating
8 to the way in which the witnesses should be examined. This decision was
9 recorded on Friday and will be translated into English.
10 And for the accused who do not understand English, I would like to
11 mention the fact that we had decided, on the one hand, to recall the Rules
12 85(B). Let me -- 85(B), 90(F), and 90(H). According to Rule 85(B), the
13 Judges are entitled to put any question to the witness at any time of the
14 examination. In the decision we handed down, we have clearly indicated
15 that we shall consider the guidelines which were presented by both parties
16 on the 22nd of March, 2007. In other words, the rule, we will only put
17 questions to the witness once each party will have concluded its
18 examination-in-chief or cross-examination respectively, unless, of course,
19 we come up exceptional circumstances, in which case we can only take the
20 floor immediately.
21 As you know, over the last few weeks we have applied this
22 particular procedure. In addition, when handing down this will decision
23 we also stipulated that as far as questions put by an accused are
24 concerned, we reminded everyone of the guidelines (C) of our revised
25 decision of the 28th of April, 2006, and we specified that an accused who
1 wishes to put a question must be permitted to do so. And because, or in
2 the event of exceptional circumstances, the accused may put questions, but
3 the former needs to explain why it is he wishes to put that kind of
4 question to the witness, either because these are questions of a technical
5 nature in which the accused is particularly well-versed, particularly when
6 it has to do with military matters, or because the witness mentions the
7 accused's name particularly, either because he's met him or because he
8 knows him, and in that case the accused may be asked questions directly by
9 -- the witness may be asked questions directly by the accused.
10 So all of this should run smoothly without anybody being
11 prejudiced. The accused should be entitled to put their questions also,
12 under those particular conditions which I have mentioned and which are
13 primarily of a technical nature.
14 Now, there's a legal matter I would like to address and which
15 relates to the nature of the questions put when a topic was not addressed
16 during examination-in-chief.
17 We have felt that when that situation arises, the question -- when
18 the question has not been raised or is not part of the scope of the
19 examination-in-chief, in that case the accused who wishes to put questions
20 during the cross-examination must formulate his question in the most
21 neutral manner possible, and the question must not be leading in that
23 So must for the gist of our decision which will be translated very
24 shortly, I believe, but we have already applied this decision.
25 As you know, the upcoming witness has been granted protective
1 measures, so I will ask to move into private session [as interpreted].
2 The private session has been agreed upon pursuant to our order. Could we
3 please draw the blinds therefore. Could we please move into private
5 [Closed session]
11 Pages 18308-18345 redacted. Closed session
7 [Open session]
8 THE REGISTRAR: We are in open session, Your Honours.
9 Several parties have submitted lists of documents to be tendered
10 through Witness Grant Finlayson. The list submitted by the OTP shall be
11 given Exhibit number IC 553. The list submitted by 2D shall be given
12 Exhibit number IC 554. The Exhibit list submitted by 3D shall be given
13 Exhibit number IC 555. And the list submitted by 4D shall be given
14 Exhibit number IC 556. Thank you.
15 JUDGE ANTONETTI: [Interpretation] Very well. Thank you,
16 registrar. Let's move back into private session now.
17 [Closed session]
11 Pages 18347-18418 redacted. Closed session
17 --- Whereupon the hearing adjourned at 6.55 p.m.,
18 to be reconvened on Tuesday, the 15th day
19 of May, 2007, at 2.15 p.m.