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15 [Open session]

16 JUDGE ROBINSON: Yes.

17 THE REGISTRAR: We are in open session, Your Honour.

18 JUDGE ROBINSON: Mr. Nice, we'll hear submissions from you on

19 that.

20 MR. NICE: I think I've made my submissions substantially last

21 week, but so that things can all be of a piece this morning, the position

22 about Lord Ashdown's evidence is that he gave clear evidence to this Court

23 of where he had been and what he'd been able to see. In identifying his

24 position, he was inevitably and appropriately approximate and he indicated

25 approximate positions on the maps that were then available.

1 He was not cross-examined, as he might have been, in great detail

2 about visibility or invisibility of objects he said he could see. There

3 the matter rested. We then heard --

4 JUDGE BONOMY: The explanation for that was that it wasn't

5 heralded he would be giving evidence about that particular matter.

6 MR. NICE: Your Honour, that may well be the case that at the last

7 stages, because of the expectation that he had limited time, the

8 Prosecution confined itself to the evidence of the napkin, but the

9 statements served in advance all revealed what he could say on these other

10 matters, and he then did give evidence on those other matters, including,

11 of course, via, in part, a video that had been served in advance on the

12 accused showing him looking through his binoculars and so on.

13 The evidence in the Defence case through Delic sought, without his

14 being an eyewitness himself from the identified positions, sought to show,

15 bluntly, that Lord Ashdown was lying. It's no less than that. It's not

16 suggested that he made mistakes, it's suggested that his evidence is

17 wholly and completely untrue, and the attack on Lord Ashdown's evidence is

18 by saying that he simply could not have seen what he says he saw from the

19 various positions identified by him.

20 That issue having been joined in that way in the course of Delic's

21 evidence, we obtained what further detail we could from Lord Ashdown to

22 explain the detail of what he would say he could see and why. That was

23 all made available to Delic, and he dealt with it and continued to try and

24 assert that the material evidence of Lord Ashdown was unreliable.

25 A statement was obtained from Lord Ashdown, not with him visiting

1 the scene, I think, but working for the coordinates of where he had been

2 standing on the three different places where he was when he made

3 observations. That material was served on the Defence. Separately from

4 that, an investigator went with a positioning instrument to the identified

5 places and has taken video shots of what could be seen, and indeed we're

6 now in a position to set out maps of the kind that Delic himself

7 introduced in his re-examination, showing visibility lines from the

8 positions chosen as his -- or identified as his by Lord Ashdown.

9 That material would be of extreme value to the Chamber at this

10 stage in cross-examination of Delic, who in re-examination went even

11 further in his evidence to the effect that Lord Ashdown was being less

12 than honest with the Chamber, because in his re-examination he produced

13 expert material, or apparently expert material, from positions that we --

14 the relevance of which we don't understand, going to show that he couldn't

15 see things for the most part that Lord Ashdown wasn't looking at.

16 JUDGE ROBINSON: So this video is really responsive to that.

17 MR. NICE: It's -- no --

18 JUDGE ROBINSON: It's nothing more than that.

19 MR. NICE: Your Honour, it's not responsive to that. The video

20 was under preparation before the re-examination of Delic, and it was with

21 a view ultimately to rebuttal evidence. However, when Delic's

22 re-examination that lasted five hours went in such detail, and new detail

23 into this material, it became, in my submission, absolutely appropriate

24 that he should be further questioned about what he says is the basis of

25 his saying that Lord Ashdown is simply not telling the truth.

1 The alternative to my being able to ask Delic questions arising

2 from the material now available to me to deal with the new material that

3 he's brought up in re-examination, expert material from a third party and

4 all sorts of other stuff and material I simply don't understand, the

5 alternative to that is that we would seek to put in the video and the

6 other material in rebuttal, and at that stage you will not have the

7 advantage of Delic's observations and answers on, for example, the video.

8 Now, the video is simply the best available evidence in a modern

9 world that you can have for this sort of issue. If the Court is not able

10 to go look at the position itself, and I understand that may be quite

11 impossible, then photographs from the sited position or, better still,

12 videos associated with maps is the best way of showing what could be seen

13 from particular positions, and I want to display that now to the Chamber,

14 given the issues that's been joined, and I want the Chamber to have the

15 opportunity of Delic's comments on it if he has any. I would also like to

16 be able to understand, because I simply don't from the re-examination,

17 what these maps are that have been produced given that they identify site

18 positions for Lord Ashdown that he never himself identified. They are

19 completely unexplained.

20 So, Your Honours, I would ask that the cross-examination of Delic

21 be allowed to cover that topic.

22 I should tell you that we have prepared packages of material that

23 should enable the topics to be dealt with swiftly and efficiently. The

24 video extracts, I think, are at the most three minutes for one site, and I

25 think shorter for the other two. All the maps are available, and all the

1 citations of what Lord Ashdown said was his position are also available,

2 so it can be dealt with very quickly. Without it, this issue will be left

3 hanging until rebuttal, by which time Delic's evidence will not be fresh

4 in your memories.

5 THE ACCUSED: [Interpretation] Mr. Robinson.

6 JUDGE ROBINSON: Mr. Milosevic.

7 THE ACCUSED: [Interpretation] I agree with the assessment made by

8 Mr. Nice, that General Delic's testimony shows that Mr. Ashdown lied.

9 Secondly, I wish to remind you that just now, too, Mr. Nice said

10 that Ashdown gave clear evidence as to where he was, and you could see

11 that on the map. He indicated that.

12 Also, let me remind you that when it was established that nothing

13 could be seen from that position, Mr. Nice gave yet another point during

14 the additional examination of General Delic that was at the very border of

15 Albania and Serbia, which is quite incredible for someone to be standing

16 right on the border, and now that point proved to be false as well.

17 Nothing could be seen from there too. And now what do we have? A third

18 position. They put it way up somewhere where you have to walk on foot

19 seven hours there and back. Ashdown never mentioned walking for seven

20 hours.

21 And also, the video excerpt that I got yesterday that Mr. Nice is

22 invoking so ceremoniously, you cannot see anything there. You see a GPS

23 device, and after that on the GPS you cannot see anything else.

24 Also, in view of the indubitable fact that Ashdown, in violation

25 of the Dayton agreement, in relation of the constitution and laws and

1 doing the most horrible things to the detriment of the Serb people in

2 Bosnia-Herzegovina proved himself to be an ordinary criminal, I believe

3 that any evidence from him can be only inadmissible.

4 JUDGE ROBINSON: Mr. Milosevic, that, as you well know, is an

5 unacceptable comment to make. I take it that's the end of your

6 submission, but let us know, are you opposing the introduction by the

7 Prosecutor of this evidence in further cross-examination?

8 THE ACCUSED: [Interpretation] On the contrary. It would be a

9 pleasure for me to watch it here, and it's probably going to be a pleasure

10 for all the rest who will be watching it. What I oppose is having it

11 admitted into evidence without showing it here. As for him showing it

12 here, I'm going to watch it with great pleasure.

13 JUDGE ROBINSON: Mr. Kay, because --

14 MR. KAY: I raised -- sorry, I raised the points last time how

15 this came about when Lord Ashdown was only to give evidence in a very

16 short compass of time and his testimony became extended and then we found

17 ourselves dealing with his video, so I've got nothing further to say.

18 JUDGE ROBINSON: Personally I have a concern about this kind of

19 procedure where a party seeks further cross-examination on a matter that

20 arises out of re-examination. There must be an end to proceedings, and

21 I'm concerned about the precedent that it will set, but I'll consult with

22 my colleagues on this matter.

23 [Trial Chamber confers]

24 JUDGE ROBINSON: Well, I've been persuaded by my colleagues. I

25 take into consideration that the accused is not opposing further

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1 cross-examination on this matter, and we also take account of the fact

2 that the further cross-examination is on fresh matter that was raised in

3 re-examination.

4 But, Mr. Nice, the Chamber is of the firm view that this further

5 cross-examination has to be limited, limited to no more than one session.

6 MR. NICE: Oh, I hope less than that.

7 JUDGE ROBINSON: Yes.

8 MR. NICE: I am -- for everything, I will do my best, yes,

9 certainly.

10 JUDGE ROBINSON: All right. It's time for the break. We will

11 adjourn for 20 minutes and then the witness will be brought in.

12 --- Recess taken at 10:30 a.m.

13 --- Upon resuming at 10:56 a.m.

14 [The witness entered court]

15 WITNESS: BOZIDAR DELIC [Resumed]

16 [Witness answered through interpreter]

17 JUDGE ROBINSON: Mr. Delic, the Chamber has decided to allow the

18 Prosecutor to ask you further questions on certain matters, and he will do

19 that now.

20 MR. NICE: Thank you, Your Honour. There are three topics. I'll

21 try to be half an hour on each.

22 The Chamber has its version of the documents provided in respect

23 to the VJ commission. May the witness have one and may the -- no, it

24 doesn't need to go on the overhead projector, so he can just have this.

25 Further cross-examination by Mr. Nice:

1 Q. Mr. Delic, this is further material provided by the government of

2 Serbia and Montenegro -- oh, sorry.

3 MR. NICE: I had understood the Chamber to be saying all in

4 private session but in fact there's no need to be.

5 JUDGE BONOMY: The application was only for two sections in

6 private session, so that's all that needs to be, I would have thought.

7 MR. NICE: I'm happy with that, of course.

8 Q. Mr. Delic, we don't have -- we don't have much time and I'm only

9 going to take you through a few parts of the material that have been

10 provided to us, and not all of it is yet translated because of the date of

11 its provision.

12 This was the commission, was it not, for which the material that

13 you produced, maps and statements, was prepared; correct?

14 Did you hear my question?

15 JUDGE ROBINSON: Has the witness heard the question?

16 MR. NICE:

17 Q. This is the commission -- yes. Thank you.

18 A. You mentioned the commission, but you didn't say which one. Do

19 you mean the Commission for Cooperation with the Hague Tribunal, which

20 worked until 2003?

21 Q. I mean the commission that was presided over by Terzic and was

22 abolished by Tadic. That one.

23 A. Yes.

24 Q. Would you look -- you'll find that the documents are marked at the

25 top of them by tab numbers. Would you go, please, through to what is tab

1 3 at the top. And if the Chamber could go to page 6 of 9. And if you,

2 Mr. Delic, would go to page 7 at the top for you. "Providing legal aid."

3 This is a document of the commission, which says that: "The

4 Committee," page at the top, Mr. Nort, page 7 in the English. Under

5 "Providing legal aid," it says: "The Committee, based on the Rules of

6 Procedure of The Hague Tribunal and of its organs, shall provide legal aid

7 to the accused, to those against whom investigations are being conducted,

8 to witnesses and to their families ..."

9 Next paragraph, to save time: "The legal aid shall consist of:

10 Professional interpretation and explanation of the contents of charging

11 documents and other documents, legal procedures, defence plan and other

12 legal assistance, selecting ... counsel ... possible way of the defence,

13 the way of giving evidence and other statements during the review of the

14 case, shall make recommendations regarding possible evidences and the way

15 of obtaining and presenting them; shall interpret the legal meaning of a

16 request and the possibility to grant it through pointing out all the

17 consequences that might result therefrom."

18 Does that summary of the function of the commission accord with

19 your experience of it?

20 A. This summary, or, rather, this entire document is titled, as far

21 as I can see, "The rules for the work of the commission."

22 Now, what you have just read out would be just linked to legal

23 aid, legal assistance. And of course in our country legal aid could have

24 been extended just to the accused and possibly, as it says here, to

25 witnesses and to their families. And in the previous provisions, I don't

1 have time to go through them all, but I see there is mention about the

2 commission itself. So these are the rules governing the work of the

3 commission that I have not had an opportunity of seeing before.

4 Q. That's why I asked you --

5 A. Because I wasn't a member of the commission myself.

6 Q. Did this range of help, helping with, for example, possible

7 evidence, ways of obtaining and presenting evidence, matters of that sort,

8 was that what this commission, through its members, did?

9 A. By the General Staff, the commission was pinpointed as the sole

10 organ which the accused and their legal representatives could contact. So

11 they couldn't contact the General Staff directly. All they could do was

12 go to the commission with respect to their requests for documents or

13 certain other evidentiary material.

14 Q. Very well.

15 MR. NICE: Next tab should be, with the Court's leave, in private

16 session. Tab 4.

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23 [Open session]

24 MR. NICE:

25 Q. And on this one we see that this is dated -- do you have this one?

1 Dated the 20th of February 2002.

2 A. Yes, yes.

3 Q. Regarding that the trial of this accused, Milosevic, had begun.

4 And then can you just turn, please, to the, in your version to probably

5 the end of the first page. In the English version it's at page 2 of 5.

6 And after a list of assertions about the trial, it says: "In order to

7 make sure that this activity is monitored, assessed and parried actively

8 and in an organised manner through adequate measures at the level of the

9 VJ General Staff and the SMO, the Commission proposes to do the

10 following..."

11 And then subparagraph 1 is not very happily translated at the

12 moment and I can't take time with that, but can we go over in the English

13 to page 3 and to paragraph 2 as it's handwritten: "To form within the VJ

14 General Staff an Interdisciplinary Analytical-Expert Team, per provisional

15 formation, which would, from the beginning to the end of the trial ...

16 carry out the following tasks:

17 "Monitoring and analysis of the documents and information

18 presented by The Hague Tribunal Prosecutor, the assessment of accuracy and

19 the preparation of proposals for the Defence and the refutation of the

20 Prosecution allegations in the form of military expert opinions, and the

21 selection of documentation from the VJ archives with which to refute

22 inaccurate allegations and to disprove other allegations by the

23 Prosecution for every former or present member of the VJ ..."

24 So the -- does this reflect what in your experience the commission

25 was doing? It was actively responding to allegations in this trial.

1 A. This document is a document which I do know about to a certain

2 extent, what is stated in point 2, the formation of an analytical expert

3 team. I know that a group was formed for Croatia, for example, and for

4 Bosnia-Herzegovina and for Kosovo and Metohija.

5 Q. And --

6 A. And that that group -- or, rather, those groups did prepare or

7 sort relevant documents about what actually happened on the battlefields

8 in Croatia, Bosnia-Herzegovina, and in Kosovo and Metohija. And,

9 therefore, on the basis of those relevant documents dating back to those

10 times, they did prepare certain expert reports and analyses for individual

11 periods of the war or, rather, individual events.

12 Q. You see, what was being done by the commission was not neutral.

13 It wasn't simply making people or documents available to the OTP. It was

14 preparing material against Prosecution allegations; correct?

15 A. You cannot say that at all, because this is just one of the orders

16 here. There are a number of other orders which speak of the fact that

17 cooperation should be intensified with the OTP, with the Prosecution. I

18 don't know whether you have those orders here with you. But I happen to

19 have one such order with me here.

20 Q. We'll look at that in a second, but time is limited. Can you go

21 now to tab 9, which is with the trial just a month or so under way, the

22 26th of March of 2002, and let's see what it says here about the function

23 of the commission. And you understand, Mr. Delic, your documents were

24 prepared, as I suggest, in accordance with the purposes and function of

25 this commission.

1 And if the Chamber would go to page 2 of 6, and if you, Mr. Delic,

2 would go to -- yes, if you would go to, I think, the second page. You'll

3 see a paragraph that is headed: "The creation of an expert team has been

4 proposed ..." Do you find that paragraph?

5 A. Yes, yes.

6 Q. Which reads as follow: "... for following the trials in The Hague

7 and for the preparation of the defence regarding accusations that the

8 Yugoslav army participated in committing of war crimes during the war in

9 the former SFRY, with the goal of preparing evidence with which the

10 Prosecution's allegations could be refuted."

11 So its aim -- it wasn't neutral, it wasn't just making people

12 available; it was positively preparing evidence to refute the Defence

13 allegations; correct?

14 A. If -- or, rather, I think in tab 4 it was that you asked me to

15 read something out from there, and the commission was requested on the

16 basis of relevant documents to arrive at the truth about certain counts in

17 the indictment, which individuals are being charged with, or units of the

18 Yugoslav army are being charged with.

19 Q. It can be found in these documents, there may be more found when

20 we get everything translated, but this is after the start of this trial

21 and it relates to what was happening at that time and possibly

22 subsequently, and I'm asking you, isn't the reality that your material and

23 the material of those whose other statements you have produced or seek to

24 produce to the Chamber, wasn't the objective preparing evidence to

25 challenge the Prosecution's allegations in this trial? And in short,

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1 that's why we've got that material and not the contemporaneous material

2 that hasn't been provided to us. Do you see?

3 A. No. When it comes to my testimony and my unit, you received all

4 the material from the relevant time contemporaneous except for the

5 material that you've just mentioned. However, I still claim and maintain

6 that the object of that material was pursuant to the commission's request

7 to give an explanation of what actually happened at the material time, and

8 that's how I understood it.

9 Q. Would you be good enough to go on two subparagraphs, two bullet

10 points. The Chamber could go over to page 3 of 6, where it said this:

11 "Measures have been taken to prevent the voluntary going and giving of

12 statements to The Hague Tribunal office in Belgrade, as well as measures

13 to prevent members of the Yugoslav army from accusing each other."

14 Why, if you were concerned to cooperate -- if the commission was

15 concerned to cooperate with this Tribunal, were people being prevented

16 from going and cooperating? It couldn't be clearer, could it?

17 A. Well, that's what you think. As I remember certain situations

18 very well, I know why this observation was made, because quite simply it

19 became standard practice in Belgrade that they would -- investigators

20 would ring you up on your home phone, that is to say investigators of The

21 Hague Tribunal, and say, "Please, are you so-and-so? Am I speaking to

22 so-and-so?" And when you said who you were, they would say, "I am an

23 investigator of The Hague Tribunal, my name is such-and-such, could you

24 please come to our offices in Belgrade," for instance. And to military

25 personnel, military personnel were prohibited, without receiving specific

1 permission from the command, from making any statements whatsoever. So

2 the object and goal of this was that all this cooperation with the

3 investigators should go via this particular commission. That is to say

4 that people should be called via the commission.

5 JUDGE ROBINSON: Thank you, Mr. Delic.

6 MR. NICE:

7 Q. Whether there was any legal justification in restraining people,

8 you confirm what this suggests: People were dissuaded from cooperating

9 voluntarily with investigators of this Tribunal who were doing the duty

10 with which they'd been charged by the United Nations. You stopped them

11 cooperating -- or the commission did, not you. Correct?

12 A. No, no. That is absolutely not correct. If I could go some 30

13 times to have talks with the investigators of the Tribunal, how then would

14 anybody be able to prevent me in doing so? So the members of the army

15 asked protection. First of all, they were duty-bound to keep state

16 secrets, and they would contact their commands to ask them what to do.

17 They would say that somebody called them up at home, that the

18 investigators called them up at home, and then they asked for an

19 explanation as to what their conduct should be with respect to that. And

20 then they also asked that if they were going to meet the investigators for

21 an interview, that they need not keep their state secret obligations so

22 that they could not be held criminally responsible after that.

23 Q. Pausing.

24 MR. NICE: May I go into private session for one minute, please?

25 JUDGE ROBINSON: Yes, private session.

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6 [Open session]

7 MR. NICE:

8 Q. Can we go on, please, in your text to page -- you're on page 3, I

9 think. Maybe at the foot of page 2, beginning of page 3, and in the

10 English page 4 of 6, we see this from your commission: "Expert opinions

11 and suggestions for answers have been given in the name of the Yugoslav

12 army and state organs regarding some more important events - by the

13 request of The Hague Tribunal (the Vukovar case, ... Racak ..., criminal

14 acts of management in Kosovo and Metohija regarding criminal acts against

15 the non-Albanian population and others.)"

16 Just looking at the first part of that: "Expert opinions and

17 suggestions for answers ..." Why would it be necessary to give

18 suggestions for answers to people if they were just being to cooperate, as

19 they were lawfully obliged to do, with this Tribunal?

20 THE ACCUSED: [Interpretation] Mr. Robinson.

21 JUDGE ROBINSON: Mr. Milosevic.

22 THE ACCUSED: [Interpretation] This question is not fair, because

23 it says here in the Serbian language that "Expert opinions and suggested

24 answers have been given in the name of the General Staff to state

25 authorities -" to state authorities - "concerning some important events at

1 the request of the OTP, such as in the Vukovar case, Racak..." et cetera,

2 the terms that we hear very often here.

3 MR. NICE:

4 Q. In the original text it doesn't give suggestions to witnesses.

5 What about suggestions for answers to RFAs? Why wasn't the Office of the

6 Prosecutor simply entitled to the raw material and the straightforward

7 truth? Why did things need to be prepared in this way? Can you help us?

8 THE ACCUSED: [Interpretation] Mr. Robinson, please.

9 JUDGE ROBINSON: Yes.

10 THE ACCUSED: [Interpretation] The question asked by Mr. Nice

11 follows from his ignorance of the way in which the army operates. If the

12 Chief of the General Staff is supposed to provide something to state

13 authorities, he always gets a draft answer, a draft letter from his

14 assistants. So this is --

15 JUDGE ROBINSON: Mr. Milosevic --

16 THE ACCUSED: [Interpretation] -- not exactly a suggested answer.

17 It's a draft answer or a proposed answer.

18 JUDGE ROBINSON: It is for the witness to answer the question.

19 MR. NICE:

20 Q. Mr. Delic, if you can answer that question.

21 A. Yes. Yes. I think there is a lack of understanding here.

22 Between this commission formed by the Chief of the General Staff or,

23 rather, beyond this commission there was the National Council for

24 Cooperation with the ICTY that was established at the level of the Council

25 of Ministers. Therefore, this team was never able to communicate with the

1 OTP directly. They always contacted the Council of Ministers, and the

2 material they would receive, they would receive it through the National

3 Council. The National Council would make an application in writing to the

4 commission or, rather, the team for cooperation, asking them to give their

5 proposal.

6 Q. Not in 2001. That only started in 2002, didn't it?

7 A. The National Council exists still. There is not a commission

8 cooperating directly. Everything always goes through the National Council

9 for Cooperation with the ICTY, and it is the council that approves all the

10 documentation that is supplied to the ICTY.

11 Q. Two more passages very shortly. The following passage, the

12 following paragraph makes the same point we've seen earlier: "The

13 proceedings so far were conducted --" sorry, one point.

14 In the passage we've been looking at, this is the response of the

15 army, did the army contribute in some way to the reply to the OTP about

16 Racak? I thought the army wasn't involved in Racak.

17 A. Of course the army did not have any direct involvement in Racak.

18 But if the National Council for Cooperation with the ICTY asked this

19 commission, based on the documents provided by the ICTY, for assistance or

20 cooperation, the commission was bound to give an answer. They had to

21 reply.

22 Q. [Previous translation continues]... deal with the following

23 passage even though it's a repetition of preparation for the case. If you

24 go right to the end of this document, please, Mr. Delic, just before

25 "Conclusion," and it's on page 6 of 6 for us in the English, you'll see

1 the last bullet point says this: "Cooperation and exchange of data and

2 experience has been established with the representatives of the VRS as

3 regards cooperation with The Hague Tribunal until and after their law

4 being passed on cooperation with the Tribunal."

5 Knowing, of course, as you all did and as the commission did, the

6 general nature of allegations about the VRS and the general nature of

7 allegations about Serbia getting itself involved in the VRS, what was the

8 -- was it appropriate, do you think, for the commission to be liaising

9 with the VRS? Wouldn't it have been better to have left matters

10 independent?

11 A. On this point, in the applications of the ICTY many documents were

12 listed that had to do with the army of Republika Srpska and our knowledge

13 about their activity. I don't see why this would be a problem since both

14 states had enacted their own laws to cooperate with the Tribunal. Why

15 would it be a problem for them to cooperate based on certain experience?

16 Q. [Previous translation continues]... take the form of joint

17 meetings with the VRS and the VJ, soldiers sitting down together to

18 discuss and remember what happened? Is that what happened?

19 A. I have told you already that I was not a member of the commission,

20 so I have no knowledge about this.

21 MR. NICE: Your Honour, that's all I have the time to ask. Those

22 documents were provided by the authorities. They have yet to be fully

23 interpreted, and indeed some of the present draft translations --

24 translated, I beg your pardon -- are imperfect. I can explain my

25 submission in a sentence so the accused can know what, if anything, he

1 should deal with by way of re-examination.

2 My submission is that from the limited material you've already

3 seen, it's clear that the documents prepared in 2002 and 2003 were

4 specifically prepared for the purposes of this litigation and under your

5 own rules and that material should be excluded. I would be grateful, if

6 the Chamber isn't with me on that immediately, for an opportunity to put

7 in written submissions, if appropriate, on the basis of all of these

8 documents when they're translated. Perhaps I can come to my next topic.

9 That's a heralding of what my position would be.

10 JUDGE ROBINSON: Mr. Milosevic.

11 THE ACCUSED: [Interpretation] I don't understand what Mr. Nice

12 just said. What is he actually asking for in connection with these

13 documents? Does he want them exhibited? If that's what he's asking, then

14 he can only tender the passages he had quoted, not the entire binder with

15 I don't know how many documents in it which he says he doesn't have time

16 to deal with anyway. That's at least the procedure you applied to me.

17 JUDGE ROBINSON: That's correct, yes.

18 MR. NICE: Your Honour, perhaps we can deal with the procedural

19 points later in light of the provenance of these documents and their

20 production, but I was just heralding and giving everybody an opportunity

21 to know where I would stand because I thought it would be helpful.

22 Can we, while in open session, turn to the next topic, which is

23 the Ashdown evidence.

24 There are packs of documents for everyone. They're not

25 necessarily, save for one category of document, documents that I would ask

1 to be produced as exhibits but they are designed to enable swift

2 examination of the witness on the matters that I'm allowed to examine him

3 on.

4 Everybody should have a pack that has two maps on the front, and

5 their significance will become apparent in a second. There's then three

6 packs, the first one which is called Location 1, south of Junik, and I'd

7 be grateful to the -- if Mr. Nort could have a pack, if there is a spare

8 one, following my questions and placing material on the overhead projector

9 as necessary if it's a spare.

10 Q. Mr. Delic, I want to ask you some questions -- I'm going to ask

11 you some questions about your evidence about Lord Ashdown's ability to see

12 things.

13 If Mr. Nort would place the table marked "Location 1 south of

14 Junik" on the overhead projector.

15 Mr. Delic, you've produced a number of maps and said a number of

16 things. I want you to listen carefully to what is in English. I'm afraid

17 it's not in your language at the moment but would you be good enough to

18 listen to what I think is a summary of what Lord Ashdown has actually

19 said. Will you do that? Don't worry about the documents at the moment.

20 We'll take you through them. Right.

21 On our analysis, Lord Ashdown has said as to the first position

22 that he had a good area, a good view of the area of the south of Junik,

23 that he could see --

24 JUDGE BONOMY: That's not actually what the document says. It

25 says a good view of the area south of Junik.

1 MR. NICE: Sorry if I misread it.

2 Q. Of the area south of Junik. He testified that he could see the

3 villages of Moloc, Brovina and Ponosevac, that he could see two roads from

4 this location, the first of which the Moloc-Brovina-Ponosevac road --

5 sorry, the first of which had those three villages on it and the second

6 road, to the east of that, on which were the villages of Niokaz, Stubla,

7 and Berjah. He also stated that he saw a number of VJ assets, including

8 APCs, tanks and mortars, which were attacking from the road and remarked

9 that he saw tanks along the Niokaz, Berjah and Stubla road bombarding

10 villages.

11 Now that's, as we've analysed it, what he said. Do you accept

12 that that is what he said or have you been informed or have you picked up

13 that he said anything different as to the first position of observation?

14 A. Since Lord Ashdown gave several different statements, I accept

15 what you've just read as one of his statements but not his initial one.

16 It's one of the later ones.

17 MR. NICE: Your Honours, the material we rely on is available for

18 everyone, conveniently gathered together in the following pages.

19 Q. But what I next want you to look at, please, is your maps which

20 were produced on the last occasion and which follow the extracts from the

21 testimony, and the maps are marked 2.

22 Can they be laid on the overhead projector, please.

23 I should also have added, incidentally, that since then -- I'm

24 sorry about this -- since then, Lord Ashdown has given grid number

25 34T DM359982 --

1 [Technical difficulty]

2 MR. NICE: In the period of time when the LiveNote was down, I was

3 asked by His Honour Judge Kwon how Lord Ashdown had identified the grid

4 reference point. I explained that that's to be found in a statement of

5 Lord Ashdown of the 24th of August. It's in the pack of materials that

6 everyone has, and he says in the highlighted paragraph that the grid

7 reference from which these observations was made was approximately, and he

8 then gives the reference, and he then sets out what he asserts he could

9 see.

10 Your Honour, there is no suggestion that Lord Ashdown went back to

11 the scene. He calculated this from what was available.

12 Q. Mr. Delic, you are now looking at the maps you produced.

13 A. When was this calculation made, if I may ask?

14 JUDGE ROBINSON: [Previous translation continues]...

15 MR. NICE: Yes.

16 Q. You see, Mr. Delic, in light of what Lord Ashdown has said and

17 provided by way of a grid reference, if we look at your first map, the

18 point that Lord Ashdown identifies is marked to the south of the red line

19 in a little red circle, isn't it?

20 A. I would just like to draw the attention of the Trial Chamber to

21 your maps. I could use your maps again. Look at Gegaj village.

22 Q. Would you be good enough to listen to the questions and we'll get

23 there much more quickly. We're coming to those maps in a second.

24 A. Well, this map is a forgery. It's a forgery.

25 Q. Would you be good enough to look at your own map, and would you

1 confirm that the little round circle to the south of the red line is the

2 position approximately identified by Lord Ashdown; and if so, can you

3 explain why you provided the Chamber with a map with a start point and a

4 line that has no relation to the evidence of Lord Ashdown?

5 A. First of all, I did not make these maps. I first saw them here in

6 the courtroom.

7 Second, let me tell you, this little circle that you put there

8 does not correspond to the place that the -- Lord Ashdown identified.

9 Q. Because?

10 A. Lord Ashdown identified a point located much further to the north.

11 His point is actually close to the place where this red line crosses the

12 state border.

13 Q. How do you say that? This is the map that's been plotted by

14 experts on the basis of his coordinates. How do you say that the

15 coordinates are wrong?

16 A. You mean this map that is on the overhead projector now. These

17 ten maps were plotted by some experts but probably on the basis of the

18 initial -- the first statement of Lord Ashdown in which he indicated the

19 place where he was standing only approximately, and it's probably one of

20 your experts that put this red circle here. It absolutely does not

21 correspond to the coordinates given by Lord Ashdown.

22 I am saying this because I know.

23 Q. Look at the next -- next map, please, Mr. Nort. The same point

24 arises. If you would put that one on.

25 Again the coordinates identified, I must suggest to you, by Lord

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1 Ashdown simply don't have any relation to the line that you've marked.

2 Not you. Not you, I beg your pardon. Whoever it was who prepared these

3 charts. We could never know who it was, and the accused was able to put

4 through you.

5 If you go to the third map --

6 JUDGE BONOMY: Well, the one that's now on, I think, is the one I

7 have with a 3 on it, and the one you've -- the one you previously put, I

8 think, had a 2 on it. Is that correct?

9 MR. NICE: That's correct, Your Honour.

10 JUDGE BONOMY: So the third one will have a 4 on it.

11 MR. NICE: The third one will have a 4 on it. The same point

12 arises regarding the one marked 3.

13 Q. If we look at number 4, you will see, interestingly, whoever

14 prepared this map has got quite close to the position that Lord Ashdown

15 has given. Do you see that?

16 A. These maps were prepared by experts at a time when Lord Ashdown

17 had not given any coordinates. These places show what can be seen from

18 Albania, chosen by -- why don't you take my map?

19 MR. NICE: There's a green circle on this one, Your Honour, to the

20 left. It's close.

21 JUDGE BONOMY: It's a green one, right.

22 MR. NICE:

23 Q. You see, the problem with this line, Mr. Delic, is you can't point

24 to any occasion when Lord Ashdown said that he could see Junik. He only

25 ever said he could see the area south of Junik. So can you explain,

1 because you were prepared to talk about these documents when the accused

2 produced them, can you explain what the conceivable significance of the

3 line of sight into Junik is when Lord Ashdown only ever said he could see

4 the area south of Junik?

5 A. As far as I remember, in his testimony and in his first statement,

6 Lord Ashdown said he saw Junik, and it was only in his following

7 statements that he talked about the area south of Junik. And in his later

8 statements, including the latest ones, he mentions the area south of

9 Junik, whereas in his first statements and initial evidence he talked

10 about Junik itself.

11 Q. That will be for the Judges to decide in due course.

12 Now, you want to look at these maps. I'd like you, please, to

13 take the map that marks Ponosevac, Gegaj, Junik, and so on. That's this

14 larger map. We're going to play you a small excerpt from a video,

15 Mr. Delic, and the reason that we've got this map is because this is the

16 -- if you would be so good as to listen to me. The reason we've got this

17 map is because this is the same map that is shown on the video by the

18 investigator who is taking or in charge of taking the film. The map's

19 been changed only to the extent of adding the names in large bold type

20 because the small names couldn't be so readily seen.

21 We're now going to play you a selection -- a short clip of a

22 video. Yes, please listen. It comes --

23 A. I only wish to warn you that this map is a forgery. It does not

24 represent the true position of features.

25 JUDGE ROBINSON: Mr. Delic, I will give you an opportunity to

1 explain that. Let us watch the video first.

2 MR. NICE:

3 Q. And the question is -- that I'm going to ask you, Mr. Delic, is

4 this: On the basis that this is the place identified, or within 100

5 metres, I think, of the place identified by Lord Ashdown, do you accept

6 that he could see the things he said he was able to see?

7 So if we could just play the video, please.

8 A. I explained that last time. No, he couldn't see from that

9 position.

10 [Videotape played]

11 "-- south of Junik. I'm going to pan across to the next village,

12 which is --"

13 THE WITNESS: [Interpretation] I'm not receiving interpretation.

14 JUDGE ROBINSON: Well, let's start --

15 THE WITNESS: [Interpretation] Could you please start from the

16 beginning. I wasn't receiving interpretation.

17 [Videotape played]

18 "I'm now looking at the village of Molic, which is south of

19 Junik. I'm going to pan across to the next village, which is the village

20 of Brovina. And from Brovina I'm going to pan across to two small

21 villages, the first one being -- the first one being Berjah, and the

22 second one being Stubla, seen side by side. Panning further south, I see

23 a hill with a track in front of it, and behind that hill I see the village

24 of Ponosevac or Panosevac [phoen]. West of this location, which is behind

25 me, is the Albanian border, and the village behind that Lord Ashdown is

1 referring to, Gegaj, is in that immediate location. I haven't visited

2 that village because it's 100 metres uphill and the view is no better than

3 this. I'm now going to pan back to the village of Molic.

4 "This now is the village of Stubla, Berjah, Brovina, and Molic,

5 which is at the base of the forest. This completes this recording."

6 MR. NICE:

7 Q. Now -- pausing there. I can tell you, Mr. Delic - we can find it

8 if you need to see it - that the beginning of that longer section of that

9 video, which the accused has seen, starts off with the GPS device reading

10 out the coordinates given by Lord Ashdown and the investigator saying that

11 the place where he's viewing from is within 100 metres of that particular

12 position.

13 Do you challenge that from the position shown there, the position

14 given by Lord Ashdown, the things shown on that video could be seen?

15 A. I wonder, is this footage from the relevant time? If I could only

16 get some clarification here.

17 Q. [Previous translation continues]...

18 A. Lord Ashdown was not down there himself when this film was made.

19 Q. It was done by an investigator. Do you challenge that the things

20 shown on that video, the villages described, were as described and could

21 be seen?

22 A. I challenge all of this footage. It was made on the territory of

23 Serbia and Montenegro.

24 Q. Finally, look at this map, please, which I'm holding up. This is

25 a type of map that you introduced or that was introduced through you --

1 no, you introduced it yourself on the last occasion partway through

2 re-examination and therefore we've taken your lead and you'll recognise

3 this as a computer generated map that starts with a particular position

4 and then tracks what is visible and not visible automatically; visible in

5 green, invisible in red.

6 JUDGE KWON: Does it have a number on it?

7 MR. NICE: It doesn't at the moment but it's the only object that

8 I might ask be exhibited apart from the video in due course. But this is

9 the type of map that the witness brought in, computer generated maps of

10 this kind, and you'll see that the location is given on the left in

11 accordance with what Lord Ashdown says. We can see, starting from the

12 left with the green, that there's a short distance of things that are

13 visible followed by a long patch of invisible, presumably with the ground

14 falling away. And then if we look to the right we can see that Molic,

15 Brovina, again all in part, Berjah, and Stubla and Ponosevac in part are

16 all visible, along with Donja Morina as well, and Gornja Morina.

17 Q. Do you doubt the accuracy of this map in showing what could be

18 seen from the point identified by Lord Ashdown in his statement?

19 A. Can you tell me what the scale of this map is?

20 Q. At the moment, no. It says 1:50.000

21 A. No, it can't be 1:50.000. That is obvious. Secondly, you are

22 showing a point which is 100 to 200 metres into the territory of Serbia

23 and Montenegro as the relevant point from which the observation was made,

24 and that is not true.

25 Q. That is what Lord Ashdown has identified and indeed explained.

1 MR. KAY: Can we just get a few things straight here. His

2 testimony, when he gave evidence on the 14th of February, should also be

3 put by the Prosecutor if this is going to be conducted in a fair way in

4 cross-examination, because the testimony of Lord Ashdown was that he

5 followed: "I journeyed from Bajram Curiju to Trepoje, along the lines

6 here - there's a very rough track up to the border crossing here - and

7 then followed this border crossing up to a point on the Albanian-Kosovo

8 border, approximately where my marker is now, above a village which I was

9 informed was called Gegaj ..."

10 Those are the matters that perhaps need clarification on this

11 issue, and I anticipate that the witness's objections --

12 THE WITNESS: [Interpretation] Please.

13 JUDGE ROBINSON: Mr. Delic, allow Mr. Kay to finish.

14 MR. KAY: When he said about this is in Serbia and Montenegro --

15 JUDGE ROBINSON: Yes.

16 MR. KAY: -- the point being that Lord Ashdown's evidence was "the

17 border."

18 JUDGE ROBINSON: Thank you.

19 MR. NICE: Yes, and it's a border that you can walk a hundred

20 yards into the territory of Serbia and Montenegro without being stopped.

21 Q. It's not a guarded border there or it's not a fenced border, is

22 it?

23 MR. KAY: If that was for me or the witness. He said "the

24 border."

25 MR. NICE: For the witness.

1 THE WITNESS: [Interpretation] This is absolutely absurd and

2 impossible, what the Prosecutor said just now. At that time on the border

3 there was combat readiness all the time. I said last time that there were

4 at least two border organs from Morina to Maja Glava. As a matter of

5 fact, not a single passenger could travel from Trepoje to Gegaj without

6 being noticed. And for someone to be 100 or 200 metres into our territory

7 is totally impossible. And this is the first time I hear our territory

8 being mentioned at all.

9 I would like to point out yet another intentional or unintentional

10 mistake on the maps that the Prosecutor is showing now.

11 JUDGE ROBINSON: Yes. Go ahead.

12 THE WITNESS: [Interpretation] May I?

13 JUDGE ROBINSON: Does this relate to your earlier statement that

14 the maps are a forgery or is that a different matter?

15 THE WITNESS: [Interpretation] Well, you see, these maps were

16 adjusted so as to suit Lord Ashdown rather than the truth.

17 MR. NICE:

18 Q. Well, I would be interested to hear a bit more of this answer.

19 A. Please.

20 JUDGE ROBINSON: Are we on the ELMO now? Yes.

21 THE WITNESS: [Interpretation] Can you see Gegaj here? The village

22 of Gegaj is not there at all. In my opinion, this was done intentionally

23 only for the purpose of this evidence. Gegaj is below the village of

24 Kamenica, two kilometres lower, and that's the way it is on the maps that

25 Mr. Nice gave me too.

1 Now, please have a look at the following map. You see here the

2 village of Kamenica and the village of Gegaj, and on this map it's

3 depicted two kilometres away, at another place. I cannot say now that

4 this was done unintentionally. So see the position of the village of

5 Gegaj, the position of the village of Kamenica, and in Mr. Nice's map

6 Gegaj is now presented here, which was not the case in Mr. Nice's previous

7 maps. This is the first time it appears this way.

8 JUDGE BONOMY: Which number is on the map you're now looking at?

9 Number 5, is it?

10 THE WITNESS: [Interpretation] Number 5.

11 JUDGE BONOMY: Number 5.

12 THE WITNESS: [Interpretation] We can also take the map that Lord

13 Ashdown showed here in the courtroom. We can see --

14 JUDGE KWON: Microphone is not on. In number 5 where is Gegaj?

15 Could you indicate again? I can -- it's below Kamenica, yes.

16 THE WITNESS: [Interpretation] The village of Gegaj is here.

17 THE INTERPRETER: Could the witness's microphone please be turned

18 on.

19 THE WITNESS: [Interpretation] The village of Gegaj is here, and

20 Mr. Nice showed a map where the village of Gegaj is presented here. So

21 there was a total reversal.

22 Here's the map that Lord Ashdown used here in the courtroom. He

23 indicated this location properly of the village of Gegaj because it is in

24 the immediate vicinity of the Cafa Morina pass, where our border post is,

25 too, whereas now this map that Mr. Nice showed depicts it two or three

1 kilometres away that particular locality.

2 MR. NICE: Your Honours, these are all locally produced maps and

3 if, and I can't work it out on the screen, there are inconsistencies, they

4 have nothing to do with, as far as I know, the evidence of Lord Ashdown or

5 the preparation for video. We just simply work with the material we've

6 got that's best available.

7 JUDGE BONOMY: That comment I don't understand, I'm afraid. Are

8 we not trying -- I thought you were trying to assist us.

9 MR. NICE: Yes, I am, indeed, but insofar as the maps are

10 concerned --

11 JUDGE BONOMY: Are you now abandoning your maps?

12 MR. NICE: Certainly not, not at all, but I can't deal with it on

13 the screen at the moment. I'll deal with it perhaps a little later.

14 What is clear is that the position -- the witness wanted to say

15 something about the maps being a forgery.

16 JUDGE ROBINSON: Yes, I wanted to hear the witness on that.

17 MR. NICE: Perhaps he would expand on that.

18 JUDGE BONOMY: He said it. It's clear from just looking at these

19 two maps that they're not identical. Kamenica is in two different places

20 in relation to Gegaj, so that's why he says one of them is a forgery.

21 MR. NICE: Or one of them is inaccurate.

22 JUDGE ROBINSON: Mr. Delic, do you have anything more to say in

23 regard to your statement that the maps are a forgery?

24 THE WITNESS: [Interpretation] Well, obviously one and the same

25 village cannot be in two different locations on a map. The original map

1 that was shown to me by Mr. Nice and the one that I worked on in

2 accordance with your request matches the actual state of affairs on the

3 ground. Mr. Nice can find that map and show it.

4 The latest map shown does not correspond to the natural state of

5 affairs on the ground. A village that is below Kamenica was now moved two

6 kilometres higher up on this map. But it was moved in such a way in order

7 to correspond to Lord Ashdown's statement. Now it corresponds with Lord

8 Ashdown's statement.

9 JUDGE BONOMY: You have no basis for saying that, Mr. Delic. You

10 can point to differences between the maps, but you can't possibly assert,

11 on what you know at the moment, that that map was actually drawn following

12 upon Ashdown's statement. You don't know that.

13 THE WITNESS: [Interpretation] But this map does correspond to the

14 last statement made by Lord Ashdown, the one that he made a month ago when

15 he said again that he was close to the village of Gegaj. So the village

16 of Gegaj was moved in order to correspond to what he said.

17 JUDGE BONOMY: No. The first part of what you say is fair

18 comment. The second part -- what's your basis for saying that someone's

19 actually drawn a map to suit the purposes? You have to have a basis for

20 an allegation like that.

21 THE WITNESS: [Interpretation] Well, the Prosecutor has to respond

22 to that because it's the Prosecutor who is showing the maps. I am saying

23 that the maps do not correspond to reality and all the maps that are given

24 here, actually, I bring them all into question. Because from these

25 locations -- well, first of all, locations were provided that are within

1 the state union of Serbia and Montenegro, and that's not the border. That

2 is the territory of Serbia and Montenegro.

3 I am totally challenging this video footage that was shown here as

4 well.

5 JUDGE BONOMY: It may be that the whole exercise of referring to

6 maps is unhelpful and the real question is was the witness able to see

7 what he says he saw at the time.

8 MR. NICE: Your Honour, I'm grateful for that.

9 Q. And indeed, you see, Mr. Delic, Lord Ashdown, who had some

10 military experience, has identified, with as much precision as he can, the

11 grid reference. Now, the map inconsistency we'll have to look at, but the

12 grid reference is the grid reference from which the investigator or near

13 to which the investigator took the video, and it's perfectly apparent that

14 from that position you can see all the villages Lord Ashdown said he saw.

15 Now, do you really think from your position you're going to

16 challenge that Lord Ashdown was able to see what he says he saw from that

17 position?

18 A. Absolutely. At any point in time I'm going to challenge that Lord

19 Ashdown saw what he said he had seen.

20 JUDGE BONOMY: I understand that point clearly, Mr. Delic, and

21 it's a major issue here, but can I ask the question rather differently.

22 Do you accept that from the grid reference which was now given, whether

23 that's where he was at the time or not, from that grid reference do you

24 accept that the investigator was able to demonstrate that that's what you

25 can actually see from that grid reference? Do you accept that much?

1 THE WITNESS: [Interpretation] No. This investigator was not at

2 the same coordinates that the lord gave. This investigator was even more

3 into the territory of Serbia and Montenegro.

4 MR. NICE:

5 Q. Why do you say that? Have you been there recently? Do you know

6 all the territory so intimately that you know that where he was is not the

7 grid reference? Tell us. He says it's within a hundred metres of it, I

8 think, but just tell us, why are you so emphatic?

9 A. I'm claiming that -- well, first and foremost, Mr. Nice, you were

10 not there, and I was there hundreds of times, and I walked all over the

11 border on foot, and I know exactly what can be seen from every position.

12 Last time, on my map, I showed the position where Lord Ashdown

13 was, and what I specified does not differ from what Lord Ashdown gave here

14 now except that had he entered the territory of Yugoslavia then, or Serbia

15 and Montenegro now, that is something that is impossible. And this is the

16 first time now that a point is found within the territory of Serbia and

17 Montenegro to observe the territory.

18 I can show on the map and you will see that I quite accurately

19 gave a grid reference to what the lord said or, rather, I marked it

20 exactly on my map. But you will see that the village of Gegaj is not

21 there.

22 JUDGE ROBINSON: Mr. Delic, from where Lord Ashdown said he was,

23 would he have been able to hear gunfire and shelling in the villages that

24 he said he saw?

25 THE WITNESS: [Interpretation] He claims that he saw the villages

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1 of Niokaz, Dobros, Berjah and Stubla, so he could not hear ordinary

2 gunfire. He could have heard artillery fire. But I said last time as

3 well that I have documentation as to what was going on in the area during

4 those several days in the villages of Molic and Brovina. My unit was

5 there. I brought that unit in on the 6th of June, and I visited them on

6 the 16th of June. I received reports every day. My unit did not have any

7 combat activity except for daily securing the road from Junik via

8 Ponosevac to Djakovica.

9 So if Lord Ashdown saw something south of the road of Ponosevac -

10 he said he saw tanks - I explained that they were there from 10.00 a.m.

11 until 3.00 p.m. in order to secure the transportation of food supplies,

12 water, medical aid that was being taken to the border posts. That was

13 done every day from 10.00 a.m. until 1500 hours. But what was said about

14 the other villages quite simply could not have been seen and there was no

15 such activity.

16 So I had my own unit there.

17 JUDGE ROBINSON: Thank you, Mr. Delic.

18 Mr. Nice, I think it's -- well, where are you now in your --

19 MR. NICE: Well, I was going to look at the next two videos, which

20 -- I'm not exploring all the answers by the witness. I'm giving him a

21 chance to look at the videos. It sounds as though the matter will have to

22 be the subject of rebuttal evidence. Whether Lord Ashdown has to come

23 back or not, I don't know. He can come back at any stage. He's quite

24 willing to. But I would like the witness, since he's going to make these

25 assertions by which either the evidence or his credibility will be judged,

1 to have a chance to look at the next two videos, for which there are

2 similar packs, and I'll do it as quickly as I possibly can.

3 JUDGE ROBINSON: And we haven't reached the VJ.

4 MR. NICE: No. I was as good as my word about the half an hour

5 for the first topic, and I would have liked to have gone on longer but

6 this one has been taken slightly out of my hands.

7 JUDGE ROBINSON: Let's just hear him on this. Yes, let's just

8 watch the video and then we'll take the break.

9 MR. NICE: Certainly. Can you, Mr. Nort, lay on the overhead

10 projector location 2, please, so we can see and I can read out to the

11 witness what all the supporting material is there, if anybody wants to

12 check it and say that it says something different.

13 As to location -- That's 3. Can we have location 2, please.

14 Q. As for location 2, and for this Lord Ashdown, Mr. Delic, actually

15 wrote something in his diary about what he saw. He made a witness

16 statement, he gave evidence, and he made a further witness statement. And

17 in the course of those accounts he explained that he was standing above

18 the hills of Suva Reka. He could see the valleys of Kosovo stretching

19 south before him. He could see the entire valley and beyond Suva Reka.

20 He said that he was presented with an entire amphitheatre of hills in

21 which every village was ablaze, and he concluded that artillery units,

22 tanks, and mortars were firing on the villages from the Dolje Blace

23 feature.

24 If we can now, please -- I won't deal with your maps, the same

25 point arises on them, however -- but can we just look at the video,

1 please. It's very short.

2 [Videotape played]

3 "I'm now showing you in very wide view the Dolje Blace feature,

4 and I'm zooming across to show you the wider terrain, and in the distance

5 Suva Reka. I'm going to zoom back to the Dolje Blace feature. I'm

6 zooming out. I'm now showing the Dolje Blace feature from a wide-angle

7 view, and I'm going to zoom across to the town of Suva Reka. I have to

8 tell you the zoom on this camera is very, very pernickity and it doesn't

9 seem to want to operate properly, hence all this movement. I'm going to

10 try and hold in on it for you, steady. Now, to the very right of this

11 picture you'll see a bald spot on the landscape, and that second ridge I'm

12 showing you is that -- that and the ridge behind it is, according to the

13 maps and the grid references indicated by Lord Ashdown, the Dolje Blace

14 feature. I'm now going to go across, show the terrain. This village

15 we're looking at now is Lasdancje [phoen]. And the white sheds I'm

16 looking at now and the town behind that is Suva Reka. I'm going to show

17 you that zoom at this level from this spot, which as I said, this location

18 is approximately 200 metres indicated by Lord Ashdown on his grid

19 references. Behind me is the village of Studencani.

20 "I can see everything that is indicated by Lord Ashdown's grid

21 references from this location."

22 MR. NICE:

23 Q. All right. Now, the grid reference given by Lord Ashdown was

24 34 DM804898. The investigator took that footage from about 200 metres

25 away from there. Do you challenge that from the position where the

1 investigator took that video, he could see the area of Suva Reka and the

2 villages he spoke of?

3 THE ACCUSED: [Interpretation] Mr. Robinson.

4 JUDGE ROBINSON: Mr. Milosevic.

5 THE ACCUSED: [Interpretation] Can Mr. Nice explain why his video

6 man is not filming from the actual grid reference but from 200 metres

7 away? He always keeps this reserve.

8 JUDGE ROBINSON: Mr. Milosevic, let us hear the answer to the

9 question.

10 THE WITNESS: [Interpretation] I can confirm that the cameraman was

11 near the coordinates that Lord Ashdown gave in his last statement. So the

12 cameraman was near the village of Studencani because I recognised that

13 part of the terrain. However, the first thing that he showed, he

14 absolutely could not have seen. He mentions Blace several times. Blace

15 is behind the features that can be seen on the horizon. It's impossible,

16 therefore, to see the area of Blace from that point. You can see Suva

17 Reka. You can see part of the villages leading from Suva Reka to Prizren

18 but nothing towards Blace and Dulje, none of the things that Lord Ashdown

19 spoke of, that is.

20 MR. NICE:

21 Q. He concluded that units were firing from that area.

22 And the last point on this topic, if the Court would look at this

23 map, computer generated map similar to that that the witness produced last

24 week. Would you look at this map, please. What we can see here is that

25 from -- not approximately but from the grid reference given by Lord

1 Ashdown there are -- the Dolje Blace feature is indicated by three lines

2 of sight, and one can see both red and green; i.e., partly visible and

3 partly invisible, by the time you reach the feature.

4 Any reason to doubt the accuracy of this map?

5 A. This map was drawn by amateurs. Look at this. Tell me what the

6 scale of the map is first. Well, on this map it is impossible to do what

7 you're trying to depict here. Experts will laugh when they see this.

8 JUDGE ROBINSON: Mr. Delic.

9 THE WITNESS: [Interpretation] Mr. Robinson, you see some red and

10 green lines drawn here. The red lines depict what is invisible, and the

11 green lines depict what is visible. In order to do that, you have to see

12 below you these contour lines that showed the relief of the terrain. You

13 can see that some of these lines are thicker and others are thinner. The

14 distance between the two is called equidistance, and on the basis of the

15 number of these lines and the equidistance, the altitude of the said

16 feature is calculated.

17 So if you have a look at my map, you will see on my map how

18 clearly this particular direction is depicted.

19 MR. NICE: Well, Your Honours --

20 THE WITNESS: [Interpretation] You will see those lines. Right

21 here. I show them here on this particular place. So you see here, there

22 are a lot of these lines. It is easy to calculate the altitude of every

23 feature, every point on this map, where it is on the terrain itself,

24 whereas on the basis of this map provided by Mr. Nice you cannot make such

25 a calculation.

1 And the scale of the map is not adequate. When I say that the

2 scale of this map is 1:50.000, we know what that means in nature and how

3 each and every feature is depicted on that map.

4 MR. NICE:

5 Q. [Previous translation continues]... and if it's going to be a

6 battle of competing computers, we'll have to let them sort it out, but

7 just tell us, where Lord Ashdown says from the position given and the

8 position used by the investigator, or approximately, he was able to

9 conclude that tanks or mortars were firing from that feature, that's a

10 perfectly reasonably possible observation for someone to make if tanks

11 were firing from that feature, isn't it? From where the investigator was,

12 he could see such a thing. There was nothing to stand in his way.

13 A. Lord Ashdown spoke about Dulje, Blace here, and he referred to the

14 artillery. He said that there was artillery on that location. He could

15 not see Blace, and he could not see Dulje. I already said that he could

16 see -- well, it's shown here that he could not have seen Suva Reka either.

17 Please. That's the value of what you call expert work.

18 You saw that Suva Reka could be seen clearly on the video, and now

19 you can see here that it cannot be seen because there is a red line drawn

20 here. This was done by amateurs, as I said, or a computer that was

21 programmed by amateurs. It is impermissible to bring this kind of thing

22 into court.

23 JUDGE ROBINSON: Mr. Nice, I'm afraid my doubts about the utility

24 of this exercise have been confirmed.

25 MR. NICE: Well, Your Honour, I rather agree to the extent that I

1 was hoping the witness would confine himself to the answers of the kind

2 that perhaps came with the second video. I'd like him to have a chance to

3 look at the third video unless the Chamber is convinced this isn't go to

4 help. I'd also like the Chamber to consider, given the way this map has

5 been dealt with and the detail it's been dealt with by the accused,

6 whether it would be desirable to contact Lord Ashdown and see if he can

7 make himself available to be interposed at some stage, if the Chamber

8 would like to hear from him again, because --

9 JUDGE ROBINSON: Actually, this is the kind of matter in respect

10 of which some sort of on-site visit would be appropriate but I don't know

11 whether it is feasible in the circumstances of this case.

12 MR. NICE: Your Honour, as to the third video, I deal with it

13 briefly. I'd like to do it just so you can see it as well.

14 JUDGE ROBINSON: Yes. With the indulgence of the interpreters.

15 MR. NICE: Thank you very much. Can we just put on location 3,

16 please. In each of these packs, by the way, there are the witness's maps

17 which show that they bear no relation to the grid references given, but I

18 haven't got time to go through that.

19 If we look at this one, this is what was said by Lord Ashdown

20 about his third location. Again, diary excerpts, transcript and a witness

21 statement, and he said that he was looking out across Suva Reka whereby he

22 could see multiple villages --

23 JUDGE KWON: Mr. Nice --

24 MR. NICE: Not on the -- sorry, missed it.

25 JUDGE KWON: There is this noise and the ELMO is not working.

1 MR. NICE: Yes. He testified that he was looking out across Suva

2 Reka valley whereby he could see multiple villages. He was able to see

3 the villages of Budakovo through to Vranic, Kruscica, Maciteve and Gornja

4 Kruscica, and he remarked that all the villages were ablaze as a

5 consequence of bombardment which he estimates came from the area of Blace.

6 He gave his grid reference as 34 DM863920, and if we can just look at part

7 of the video. We may not look at much of it. If we can just play that

8 part 3. It's a slightly longer section. It's about five minutes.

9 [Videotape played]

10 "-- Slapuzane in Kosovo. It is north of the town of Suva Reka.

11 I'm showing you on the map the direction I want to show you on the terrain

12 going south -- sorry, going east of Slapuzane. I'm going to then show you

13 the Budakovo area and south of that Vranac [phoen], or Vranic, and the

14 related villages referred to in Lord Ashdown's testimony."

15 MR. NICE: This map may be of assistance to the Chamber, if they

16 want to follow it.

17 [Videotape played]

18 "I also want to show you the GPS reference for where I am at now,

19 if I get the light right. And this is within less than 50 metres, or

20 certainly within a hundred metres of Lord Ashdown's grid reference marks.

21 And the reason I'm in that area is because -- within that range, is

22 because I'm on a track which goes through a minefield. There is a stone

23 here which I'm walking towards which is painted white, and there are

24 several of those stones in the area, which indicate that mines are

25 present.

1 "I'm now going to show you the area where I'm above. This is the

2 track I'm on, which hopefully is completely safe, and that leads me back

3 down to the vehicle. I'm now going to bring you back over to Slapuzane,

4 which is directly beneath those bushes. I'm going to do a wide-angle pan

5 over towards the area of Budakovo. And just through those bushes we're

6 looking at the area of Vranic. I'm now going to zoom in and show you a

7 tightened version of that."

8 JUDGE ROBINSON: Mr. Nice, I understand there's a technical

9 problem now. We're running out of tape, and we'll have to stop. All

10 right. We'll have to stop. I understand we have to stop.

11 We'll take the break for 20 minutes.

12 --- Recess taken at 12:36 p.m.

13 --- Upon resuming at 12:57 p.m.

14 MR. NICE: Before we revert to the third portion of the video,

15 just as a matter of information, and as you can see it, the map that

16 differs from the map produced by the -- not by the witness, it was

17 produced by the accused, wasn't it, and looked at by the witness, with the

18 inconsistent placing of Kamenica and Gegaj, as a matter of interest, this

19 map that was relied on by the investigator was produced by KFOR and

20 printed on the 12th of August this year, as you can see from the print

21 date at the bottom right-hand corner.

22 So if we can -- and I can't -- I've tried to resolve the

23 inconsistencies, though I can't at the moment beyond informing you of the

24 provenance of that particular map.

25 If we could just play the rest of this short passage, please.

1 [Videotape played]

2 "As I said earlier, this zoom is a bit tricky. It's very

3 sensitive and has a mind of its own. We're now looking at Vranic area,

4 and I'm zooming towards Budakovo and related villages. To pick out which

5 village is which from here I just can't do, but that is the Budakovo

6 area.

7 "I'm now panning in a northerly direction, showing you the

8 terrain and the Slapuzane area. I'm now going to go back to the direction

9 I came just to show you the area at this magnification. From here I have

10 a clear unhindered view of the terrain, surrounding roads and hills and

11 villages. I'm now passing through Budakovo and villages and back to

12 Vranic.

13 "This is Barney Kelly, ICTY investigator."

14 MR. NICE: Thank you very much.

15 Q. Mr. Delic, do you accept that from the grid reference given by

16 Lord Ashdown and used, subject to the couple hundred metres or whatever it

17 was difference explained by the investigator, that he could indeed see

18 those villages?

19 A. Quite obviously for the first time the village of Slapuzane is

20 mentioned here. Lord Ashdown never mentioned that in his testimony, but

21 it is a village close to Pecani, which means that this particular

22 investigator who made this footage with the camera was at approximately

23 the same coordinates that Lord Ashdown gave five or six years after his

24 stay in Kosovo. However, he mentions the village of Vranic. He could not

25 have seen the village of Vranic. He mentions the village of Budakovo as

1 well, but as he rightly says, he says "It's somewhere over there." And

2 since the villages are so far away, you weren't able to see a single

3 house, either from the village of Budakovo or the village of Kruscica on

4 this footage, which means that what we were able to see, the houses we did

5 see were the village of Slapuzane, which is quite close by, and also the

6 tips of Mount Birac and the general direction or axis where the village of

7 Budak is somewhere in the distance. But what the investigator mentioned,

8 having mentioned Vranic twice, especially when he zoomed back, panned back

9 and tried to zoom in, that was not possible and it couldn't have been

10 Vranic. So this investigator does not know the lay of the villages.

11 However, I do not challenge, and last time I drew up the material

12 explaining exactly what you can see from which axis, what you can see

13 looking towards Budakovo, what you can see towards Donja and Gornja

14 Kruscica or Macitevo.

15 Q. When he said about Vranic, I think he's acknowledging - it's hard

16 to tell - that Lord Ashdown or, rather, the investigator could see the

17 things that he said he saw, but I'm not going to take it further.

18 There is one of these maps, a computer generated --

19 A. Please, Mr. Nice. Just a moment. Once again, that map of yours,

20 map number 3, well, I have to say that map number 3 is not a good map.

21 It's no good. Just take a look at the village of Vranic, for example.

22 Q. Could you wait, please, to wait until you're asked a question.

23 MR. NICE: Would The Chamber please be good enough -- I invite the

24 Chamber to ensure that the witness is advised his proper role as a

25 witness.

1 Q. Since you challenge what is said about Vranic, this map, computer

2 generated, same system as your maps were generated, would show from that

3 location that Vranic is in the green area of visibility. Do you have any

4 reason to challenge that? Not just a statement of challenge but do you

5 have any reason to challenge it?

6 A. I have every reason to challenge it completely. With the greatest

7 amount of responsibility I say that that is correct and you can [as

8 interpreted] see Vranic, because in front of the village of Vranic you

9 have a feature at an altitude of 751 metres which --

10 JUDGE BONOMY: The transcript says you can see Vranic. I take it

11 you actually -- or did you say that?

12 THE WITNESS: [Interpretation] You cannot see the village of

13 Vranic. In front of the village of Vranic there is trig 751 metres, and

14 the village of Vranic is 100 metres below that trig point. That means

15 that this computer image, and I can't analyse its entirety, but along the

16 Vranic axis is quite wrong and does not correspond to the state of

17 affairs.

18 JUDGE ROBINSON: Is that what you meant when you said the map was

19 not a good one?

20 THE WITNESS: [Interpretation] Certainly. This was not material

21 that was done properly either. Take the example of the village of Vranic,

22 and if you give me enough time I can look at the other villages, too, but

23 looking at the example of the village of Vranic, it is quite obvious that

24 this was not good imagery. In fact, it's quite wrong. It was done quite

25 wrongly. It should be the red line showing that you can't see it, not the

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1 green line showing that you can see it.

2 MR. NICE: Your Honour, I'm not --

3 JUDGE ROBINSON: And why is that?

4 THE WITNESS: [Interpretation] Well, I've already explained. Above

5 that village, along the north-westerly direction you have a feature called

6 Cuka, which is 751 metres above sea level. That's the altitude, and that

7 particular feature is higher than the village, about 100 metres above the

8 village which means everything behind the feature it is quite impossible

9 to see because behind the village is the hill.

10 JUDGE ROBINSON: Yes. Thank you.

11 Mr. Nice.

12 MR. NICE: Well, Your Honour --

13 Q. You didn't operate the computer generated map that produced the

14 ones that I've just produced to you nor did you operate the computer

15 generated map that the accused produced to you, did he -- did you? You --

16 A. No.

17 Q. My last question on this topic is this: We see on these maps that

18 the accused produced through you various lines. I'm not going to go over

19 about the fact that they bear no relation to where Lord Ashdown says he

20 was standing, but we see lots of other little red dots around to which

21 lines are not connected. Do you think that suggests that the map makers

22 at some stage were trying other lines of sight and they cut the lines out?

23 You see there are lots of red blobs around which don't seem to be part of

24 the map. Does it look as though at some stage other lines of sight were

25 tried and then they were eliminated? I'm looking at number 5, for

1 example, of this section, I think, but it applies generally.

2 A. Mr. Nice, if you were to look at all ten maps, you would be able

3 to see that each of those points were dealt with. So they are points

4 around Junik which were selected and to determine visibility according to

5 them, the different point -- there are different points from the territory

6 of Albania but the points around Junik are all there, and all the red

7 points or dots were dealt with, as far as I know.

8 Q. We'll check if they become relevant.

9 MR. NICE: Your Honours, before I move on to any other topic that

10 I'm allowed to ask questions on, I'm not going to seek to have anything

11 produced as evidence because it seems to me that, under your ruling, the

12 video, although he -- I suppose I could ask for the video to be admitted

13 in whole or in part because he acknowledges it would show what is visible

14 from the place, certainly so far as two of the locations are concerned.

15 Would you so good, Mr. Delic, as to let me address the Court.

16 But I suspect the cleaner solution is at some stage for an

17 application to be made to produce the video, then the production can be by

18 92 bis or by a live witness, if it's really necessary. It can be in

19 rebuttal or at an earlier stage if the Chamber would like this matter to

20 be dealt with before it forgets things and if it's minded to admit the

21 evidence.

22 As to the computer generated maps, I had at one stage thought of

23 putting them in, but since witness has raised so many issues about them, I

24 think, frankly, what's sauce for the goose must be sauce for the gander,

25 and in my submission let's have no computer generated maps. It was going

1 to be hard to understand how he could produce in re-examination computer

2 generated maps that were simply handed to him by the accused. If he's

3 going to raise as a general question of doubt the generation of computer

4 maps of this kind, it might be better for none of them to go in. That's

5 my position.

6 JUDGE ROBINSON: Well, he has raised valid arguments in relation

7 to your maps.

8 MR. NICE: He's raised arguments. Whether they're valid or not, I

9 don't know.

10 JUDGE ROBINSON: They seem to be fairly cogent to me.

11 MR. NICE: Your Honour, he says what he says. Whether he's

12 telling the truth and whether he's lying or not, I don't know. We need

13 the people who are expert in the production of maps both --

14 JUDGE ROBINSON: What I'm saying, Mr. Nice, is that I don't accept

15 your argument that both sets of maps should not be introduced into

16 evidence. I think each has to be assessed on its own merits.

17 MR. NICE: In that event, I mean my position would be if the

18 accused's maps are going in at all through this re-examination process,

19 then it would only be right and proper that these maps put to the witness

20 and upon which he has commented should also be produced. They have

21 neither more nor less foundation than the accused's maps which are simply

22 produced out of nowhere. I produce and explain where these have come

23 from.

24 JUDGE ROBINSON: Those are your submissions, Mr. Nice.

25 MR. NICE: On that point, yes.

1 There's a third topic upon which I was given leave to ask

2 questions. It would be in closed session.

3 THE ACCUSED: [Interpretation] Mr. Robinson.

4 JUDGE ROBINSON: Mr. Milosevic, yes.

5 THE ACCUSED: [Interpretation] Before he goes on to the third

6 topic, Mr. Nice, I don't think you can compare the maps as to whether they

7 came from me or Mr. Nice because the witness quite clearly indicated the

8 forgery. So it's not a question of the same coming off the computer but

9 whether they are correct or not. Mr. Nice --

10 JUDGE ROBINSON: Mr. Milosevic, I did say that each set would be

11 assessed on its own merits, yes.

12 Yes, Mr. Nice.

13 THE ACCUSED: [Interpretation] Very well. All right. Now, my next

14 objection is this: Mr. Nice asked that it be introduced into evidence,

15 the video footage, and the witness challenged the videotape and said that

16 it was made from the territory of Yugoslavia and not from the position

17 where Lord Ashdown was.

18 JUDGE ROBINSON: [Previous translation continues]... has not asked

19 for the video to be introduced into evidence.

20 THE ACCUSED: [Interpretation] Very well. And now my third point,

21 Mr. Robinson, is this: A moment ago Mr. Nice said that certain documents

22 were introduced into evidence. I checked them out and this set of maps

23 was not admitted, the one which the witness here on the 21st of September,

24 explained them on the 21st of September. So I'd like to tender them now.

25 And they were not admitted, as far as I was able to check out, the piece

1 of evidence by Paddy Ashdown in which he explains the coordinates, the

2 grid reference. So I think that they should be incorporated into the

3 exhibits along with the information we received from Mr. Nice and

4 Mr. Ashdown and the computer images with the differences in altitude, that

5 whole set that was commented on by General Delic on the 21st of September.

6 Similarly, another Wesley Clark extract quoted by the witness on

7 the 20th of September of this year was not introduced into evidence, and

8 you said for both these exhibits that they should be admitted, so just to

9 have what you instructed done actually done. Or at least, that's how I

10 understood you.

11 JUDGE ROBINSON: Thank you, Mr. Milosevic. We'll attend to those

12 matters later.

13 MR. NICE: As to the third topic, with your leave, I would ask

14 some questions.

15 [Trial Chamber confers]

16 JUDGE ROBINSON: Mr. Milosevic, we'll admit those documents that

17 you referred to, but we don't want to do the numbering now. We'll have

18 the numbering of the exhibits done later since that might take a little

19 time. Yes. Unless the court deputy's in a position to deal with them

20 expeditiously.

21 He doesn't have the collection here, so we'll do that on another

22 occasion, yes.

23 Mr. Nice.

24 MR. NICE: Do I take it from Your Honour's --

25 THE INTERPRETER: Microphone, please.

1 MR. NICE: Do I take that Your Honour is admitting these small

2 maps -- no, these ones of the accused's? These ones?

3 JUDGE ROBINSON: Yes.

4 MR. NICE: Okay. Then my submission is that it would be

5 appropriate for the other maps that have been produced also to be

6 exhibited, these ones of ours. And I have to -- I have to say, with great

7 respect, that I am incapable of -- I cannot understand the basis of

8 admissibility of expert material, for plainly the material is of its kind

9 expert material, produced without any statement saying he did it, how it

10 was done, when it was done, on what machinery it was done, and put through

11 a witness in re-examination. And --

12 JUDGE BONOMY: What's wrong with any witness saying he recognises

13 a map and then speaking and giving evidence in relation to what he can

14 recognise from a map? What's wrong with that?

15 MR. NICE: There's nothing wrong with recognising from a map, but

16 these are maps that have computer generated lines of visibility on them

17 which is said to be significant, and he said he didn't work the machine,

18 he didn't produce the map.

19 JUDGE BONOMY: No, indeed, but he says by looking at the map

20 itself and the various features on the map he can confirm the accuracy of

21 what is there. He has spoken -- he's given evidence to that effect. What

22 weight we give to it is another matter because of the way in which it's

23 been produced. But at least it's got a basis for us to make an

24 assessment. The maps that you're talking about, these Prosecution

25 computer generated ones, one of them, the middle one, the second one, the

1 witness demonstrated that there's something that on that cannot be seen

2 was actually seen on the video, and before he said it it was my own

3 observation. So there is plainly significant doubt over the accuracy and

4 authenticity of the ones which you're seeking to produce. So I see a

5 distinct difference between those.

6 MR. NICE: As Your Honour pleases. As to the difference between

7 Kamenica and Gegaj north or south, on that topic I'll obviously make

8 inquiries of KFOR to find what if anything they can say about their map

9 because the issue will be in your minds and if I can resolve it one way or

10 the other, at least so far as our position is concerned, I will. I'm in

11 no position to make a concession one way or another at the moment, except

12 that that's where the map came from. We don't know, I think, although the

13 witness may be able to tell us, what's the source of these maps, that is

14 what -- because I don't think they have it on them where they come from.

15 He may know.

16 JUDGE KWON: The problem with me is I can't find Kamenica on this

17 map.

18 MR. NICE: I haven't looked at that one.

19 JUDGE BONOMY: What is the significance of the provenance of a

20 map? If a person sees a map and says he recognises it as an accurate

21 depiction of the area, why must you know where it comes from before you

22 can say that it has a measure of authenticity about it?

23 MR. NICE: I didn't say that, Your Honour, but if it's a

24 difference between two maps and --

25 JUDGE BONOMY: If you want to check ...

1 MR. NICE: -- one wants to know where the accuracy is to be

2 identified.

3 JUDGE BONOMY: I understand that point.

4 MR. NICE: There's also the question of whether some maps may have

5 more reliability at first sight than others. For example, I'm not saying

6 -- I'm not making a choice as between these two if the maps that the

7 accused has produced through this witness are said to be military maps or

8 something of that sort, it's been said they're domestic maps, that's the

9 sort of thing one might want to do.

10 JUDGE BONOMY: Mr. Delic, can you help Mr. Nice on that so he can

11 carry out investigations into the alleged inaccuracies of his own maps?

12 Can you say where the ones you spoke to came from?

13 THE WITNESS: [Interpretation] I was exclusively working with

14 military maps here, that is to say maps where the scale was 1:50.000 which

15 were compiled by the Military Geographical Institute. So they are our

16 military maps, and as you can see, you can see the scale they were done

17 according to and their origin and so on.

18 JUDGE BONOMY: And that applies to these little copies that were

19 used in the course of the evidence that Mr. Nice has as an example of in

20 his hand, or he had one a moment ago. Is that -- where did that come

21 from?

22 THE WITNESS: [Interpretation] They are parts of the military maps.

23 JUDGE BONOMY: Thank you.

24 MR. NICE: Your Honours, the last topic would be in closed

25 session, with your leave, and I'll deal with it as shortly as I can.

1 JUDGE ROBINSON: Yes, closed session.

2 JUDGE KWON: Private session.

3 JUDGE ROBINSON: Private session.

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4 --- Whereupon the hearing adjourned at 1:59 p.m.,

5 to be reconvened on Thursday, the 29th day

6 of September, 2005, at 9.00 a.m.

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