Page 4017
1 Monday, 8 March 2010
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 2.23 p.m.
5 JUDGE ORIE: Good afternoon to everyone.
6 Madam Registrar, would you please call the case.
7 THE REGISTRAR: Good afternoon, Your Honours. Good afternoon
8 everyone in and around the courtroom. This is case number IT-03-69-T,
9 the Prosecutor versus Jovica Stanisic and Franko Simatovic.
10 JUDGE ORIE: Thank you, Madam Registrar.
11 Is the Prosecution ready to call its next witness?
12 MR. WEBER: Good afternoon, Mr. President, Your Honours.
13 Adam Weber on behalf of the Prosecution. At this time the
14 Prosecution calls JF --
15 JUDGE ORIE: Yes.
16 MR. WEBER: I believe there's a pending matter, then, with
17 respect to this witness.
18 JUDGE ORIE: Yes. There is a pending request for protective
19 measures. The request is granted, which means that we will hear the
20 testimony of the witness in closed session. Reasons to be put on the
21 record later. Then we turn into closed session.
22 [Closed session]
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Page 4018
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17 [Open session]
18 THE REGISTRAR: We are in open session, Your Honour.
19 JUDGE ORIE: Thank you, Madam Registrar.
20 First, the map binder, the 22 maps have been uploaded, therefore,
21 P258 is admitted into evidence. The next matter we have to move into --
22 let me first ask you, Mr. Stanisic, you have asked to be able to address
23 the Chamber for five minutes. We delayed that last week because the
24 Chamber was not complete. Would you like to do that in open session or
25 in private session?
Page 4072
1 THE ACCUSED STANISIC: [Interpretation] Your Honours, in private
2 session.
3 JUDGE ORIE: Then we move into private session.
4 [Private session]
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6 [Open session]
7 THE REGISTRAR: We are in open session, Your Honour.
8 JUDGE ORIE: Thank you, Madam Registrar.
9 I would like to deal with the request for reconsideration, and I
10 want to put on the record first how this all developed.
11 On the 11th of February, the Simatovic Defence filed a request
12 for adjournment seeking that the proceedings in this case would be
13 adjourned between the 1st of March and the 12th of April in order to
14 adequately prepare for the continuation of the proceedings.
15 On the 15th of February, the Prosecution filed its response
16 stating that it relied on the Chamber's discretion in ruling upon the
17 adjournment request, but also drew the Chamber's attention to what it
18 described as several important considerations. Also on the 15th of
19 February, the Stanisic Defence informally notified the Chamber and the
20 other parties via e-mail correspondence that it did not oppose the
21 adjournment request.
22 During the hearing of the 17th of February, the Simatovic Defence
23 was granted leave to provide a reply and replied orally in the course of
24 that hearing. On the 19th of February, the Chamber notified the parties
25 via e-mail of the Legal Officer, that it granted the Simatovic
Page 4079
1 adjournment request in part and ordered that the hearings scheduled
2 during the weeks beginning the 22nd of March, 29th of March, and 5th of
3 April be cancelled. The written decision was filed on the 23rd of
4 February.
5 On the 22nd of February, the Simatovic Defence asked the Chamber
6 to reconsider it's decision and asked that the hearings of the week of
7 the 15th of March, 2010, also be cancelled. Then on the 26th of
8 February, the Chamber informed the parties via an e-mail which was sent
9 by the Legal Officer. Already on the 3rd of March the substance of this
10 e-mail of the 26th of February has been put on the record. We stated
11 that the Chamber will not insist in calling witnesses during the week of
12 the 15th of March if the additional day last week had compensated for the
13 loss. I'll not repeat everything, but the system was, finish the second
14 witness of this week in time and be compensated for one day -- for the
15 three days, we said, last week, then the Chamber will not insist on
16 calling another witness for this one day. That was the gist of it.
17 Now, during the week of the 1st of March, the parties further
18 liaised and finally identified one potential witness that they agreed
19 could be heard as the second witness for the week of the 8th of March.
20 The Chamber in co-ordination with the victims and witness section tried
21 to secure the attendance of this witness. However, given the short
22 notice, the victims and witness section did not manage to enter into
23 contact with the witness and secure his appearance for Tuesday the 9th of
24 March.
25 Because no other witness could be identified to testify after
Page 4080
1 witness JF-015, witness JF-015 will be the last witness to be heard
2 before the adjournment already granted by the Chamber. The Chamber,
3 therefore, informs the parties that the hearings originally scheduled for
4 the 17th and the 18th of March are hereby cancelled.
5 Well, the relief the Simatovic Defence was seeking, of course, is
6 now there, although rather as a consequence of practical developments
7 than on the basis of a decision by the Chamber.
8 Mr. Hoffmann, I wanted to -- I first wanted to finish what I'm
9 doing at this moment, that this concludes the notification of the Chamber
10 to the parties. And I wonder whether the request for reconsideration is
11 not effectively moot at this moment under the present circumstances.
12 Now, Mr. Hoffmann first is going to answer my question -- no, he
13 is going to raise something.
14 Yes.
15 MR. HOFFMANN: Just for the record, and I think we've raised it
16 before, with your decision it also means that the subpoena witness for
17 next week JF-018 would be cancelled. He is currently scheduled for next
18 week the subpoena was issued for February and March, 2010, so -- just so
19 that we are clear on the record because the witness unit had contacted us
20 whether there is any new information about his schedule next week, and he
21 was initially scheduled for the 18th of March.
22 JUDGE ORIE: Yes, let me just check now. First of all is the --
23 one second. Yes, that would then be cancelled as well. We will not sit
24 on the 17th and the 18th because one day next week was cancelled in order
25 to compensate for the three days a week we had last week, and we did not
Page 4081
1 insist on calling witnesses for that other day. It is under those
2 circumstances that would be cancelled as well. But I hasten to add to
3 this, that the Chamber will, rather sooner than later, reconsider the --
4 all the rules that we imposed on ourselves, that is, sitting never more
5 than two days a week, always sit in the afternoon. I think circumstances
6 have changed and, therefore, the Chamber -- the modalities of trial may
7 be reviewed in the not too far future.
8 Mr. Hoffmann.
9 MR. HOFFMANN: Just one matter on this very witness, as I said,
10 the subpoena was issued only for February and March 2010, and we would
11 appreciate if the Chamber would indicate whether we are supposed to file
12 a new motion for subpoena or if the Chamber, on its own, would file a new
13 subpoena for this witness.
14 JUDGE ORIE: I think since the cancellation is not done at the
15 request of the Prosecution, that the Chamber could proprio motu. That
16 seems to be the most simple ...
17 [Trial Chamber confers]
18 JUDGE ORIE: We'll carefully check the language in the subpoenas
19 and to see whether it's really limited to these two months. If anything
20 needs to be done, it will be done -- will be done proprio motu, but
21 there's some doubt, at least in Chamber Staff, and we have not reviewed
22 it yet, whether there is any need to do something.
23 Any other matter? If not, then we can ask Madam Usher to escort
24 the witness into the courtroom.
25 [Closed session]
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24 [Open session]
25 THE REGISTRAR: We are in open session, Your Honours.
Page 4100
1 JUDGE ORIE: Thank you, Madam Registrar.
2 We adjourn for the day, and we resume tomorrow, Tuesday, the 9th
3 of March, at quarter past 2.00 in Courtroom II.
4 --- Whereupon the hearing adjourned at 7.03 p.m.
5 to be reconvened on Tuesday, the 9th day of
6 March, 2010, at 2.15 p.m.
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