International Criminal Tribunal for the Former Yugoslavia

Page 1937

1 Monday, 22 April 2002

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 2.20 p.m.

5 JUDGE SCHOMBURG: Good afternoon.

6 May we first of all wait -- do you have something before the

7 witness appears?

8 MR. KOUMJIAN: Yes.

9 JUDGE SCHOMBURG: So we start in open session. Could you please

10 call the case.

11 THE REGISTRAR: Yes, good afternoon. This is Case Number

12 IT-97-24-PT, the Prosecutor versus Milomir Stakic.

13 JUDGE SCHOMBURG: The appearances, please.

14 MR. KOUMJIAN: Nicholas Koumjian with Ruth Karper, case manager,

15 for the Prosecution.

16 JUDGE SCHOMBURG: And for the Defence, please.

17 MR. LUKIC: Branko Lukic for the Defence, please.

18 JUDGE SCHOMBURG: May I just ask, is it the intention of your

19 colleague to appear this week?

20 MR. LUKIC: He'll be back on Wednesday, Your Honour.

21 JUDGE SCHOMBURG: Okay. Thank you. Then the Office of the

22 Prosecutor has a problem.

23 MR. KOUMJIAN: It is not a problem, Your Honour, but I have been

24 requested by Ms. Korner, who is, as you know, also leading the ARK case,

25 the Talic-Brdjanin trial, to request this Court to release to the Defence

Page 1938

1 lawyers, in this case, the transcript of Witness A in this case, the

2 reason being that there is an application by the Prosecution to 92 bis in

3 that trial. Mr. Witness A's testimony in this trial, and we would just be

4 seeking permission to the Court to release only to the Defence attorneys

5 for Mr. Brdjanin and Talic that testimony, so they could respond to our 92

6 bis motion.

7 JUDGE SCHOMBURG: Could you agree that we first wait until we have

8 finalised the hearing of Witness A in this case?

9 MR. KOUMJIAN: Yes.

10 JUDGE SCHOMBURG: Any objections from the Defence?

11 MR. LUKIC: No objections, Your Honour.

12 JUDGE SCHOMBURG: So then it may be no problems. You may use the

13 transcript in the other case.

14 May we -- any other administrative matters in the afternoon today?

15 MR. LUKIC: We have nothing, Your Honour.

16 MR. KOUMJIAN: Just regarding scheduling, I would imagine that we

17 have another witness present who will be available on Thursday, and I am

18 assuming that that would be a good approximation of when the

19 cross-examination -- he also could be available Wednesday afternoon, if

20 counsel believes there's a chance that that would be possible.

21 JUDGE SCHOMBURG: May I just interrupt. First of all, the

22 question with priority is the one, I'm afraid, that we can't finalise the

23 cross-examination and the additional questions from the side of the Judges

24 as regards Witness A today. And therefore, my intention is, if all

25 participants agree and are available, we should proceed tomorrow, 9.00.

Page 1939

1 Would that be correct for you?

2 MR. KOUMJIAN: Yes.

3 MR. LUKIC: We can proceed tomorrow, Your Honour.

4 JUDGE SCHOMBURG: Okay. Then let's do our very best to proceed as

5 far as possible today, but still with the possibility of continuing

6 tomorrow in the morning.

7 Could you please bring in the Witness A. Thank you.

8 MR. KOUMJIAN: Closed session, Your Honour.

9 JUDGE SCHOMBURG: It's closed session now, please.

10 THE REGISTRAR: Yes, we are in closed session.

11 [Closed session]

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15 --- Whereupon the hearing adjourned at

16 6.54 p.m., to be reconvened on

17 Tuesday, the 23rd day of April, 2002,

18 at 9.30 a.m.

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