Tribunal Criminal Tribunal for the Former Yugoslavia

Page 7786

 1                           Wednesday, 6 October 2010

 2                           [Open session]

 3                           [The accused entered court]

 4                           [The witness takes the stand]

 5                           --- Upon commencing at 9.06 a.m.

 6             JUDGE ORIE:  Good morning to everyone in and around the

 7     courtroom.  Madam Registrar, would you please call the case.

 8             THE REGISTRAR:  Good morning, Your Honours.  Good morning

 9     everyone in and around the courtroom.  This is case number IT-03-69-T,

10     The Prosecutor versus Jovica Stanisic and Franko Simatovic.

11             JUDGE ORIE:  Thank you, Madam Registrar.  I was informed,

12     Mr. Weber, that you would need for re-examination at least your

13     assessment is that you would need 45 minutes.

14             MR. WEBER:  That's correct.  I reviewed the transcript again last

15     night that are many things that are already on the record, I anticipate

16     45 minutes, at most.

17             JUDGE ORIE:  Mr. Jordash, this also means that you know that with

18     your intending to have two sessions this morning so up until noon, which

19     makes the pressure upon you slightly less.  This is not an encouragement

20     to take more time than you need, but what we said yesterday, one hour, if

21     that would be, for example, 75 minutes, that seems not to be dramatic.

22             MR. JORDASH:  I was going to ask for an extra 15 minutes, so,

23     thank you.

24             JUDGE ORIE:  Yes, you see, they always say counsel should read

25     the mind of the judge, but judges should try to read the mind of counsel.

Page 7787

 1     Please proceed.

 2             But first, Witness JF-047, I would like to remind you that the

 3     solemn declaration that you have given at the beginning of your testimony

 4     still bind you, so therefore you should speak the truth, the whole truth

 5     and nothing but the truth.

 6                           WITNESS:  JF-047 [Resumed]

 7                           [Witness answered through interpreter]

 8             JUDGE ORIE:  Mr. Jordash, please proceed.

 9             MR. JORDASH:  Thank you.  Could we have, please, on e-court 5791

10     not to be shown to the public and it's probably best if we go into

11     private session.

12             JUDGE ORIE:  We move into private session.

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24                           [Open session]

25             THE REGISTRAR:  We are in open session, Your Honours.

Page 7876

 1             JUDGE ORIE:  Thank you, Madam Registrar.

 2             There is a request pending, which is the Prosecution request for

 3     an extension of time to respond to Stanisic Defence motions for access to

 4     confidential materials in the Simic and Krajisnik cases.  The motions

 5     have been filed on the 27th of September.  Response is due 11th of

 6     October, and on the 4th of October the request for extension was filed.

 7     The Stanisic Defence has already indicated that it did not object.  We

 8     have not heard from the Simatovic Defence.  Any objection to granting an

 9     extension of time?

10             MR. PETROVIC: [Interpretation] No, Your Honour.

11             JUDGE ORIE:  Thank you.  Then I have to correct myself.  I think

12     the request was dated the 4th but was filed on the 5th.  Then the request

13     is hereby granted.  You asked for two weeks, two weeks on from the 11th

14     would bring us to the 25th, which is a UN holiday, which means that you

15     will be granted until the 26th of October to file your response.

16             The Prosecution submissions on private-session testimony of

17     JF-039 on the 14th, September, 2010, is a submission which was filed on

18     the 4th of October.  I hereby put on the record that the Stanisic Defence

19     has informed the Chamber in an informal communication an e-mail of the

20     5th of October that it agrees with the Prosecution proposals, and

21     therefore, Mr. Jordash, there's no need to make a formal filing.  It's a

22     relatively simple matter.  It has some impact, so therefore, it needs to

23     be put on the record which is done hereby.  We are still waiting for the

24     Simatovic response before a decision can be taken.

25             Finally, for the last --

Page 7877

 1             MR. PETROVIC: [Interpretation] Your Honour.

 2             JUDGE ORIE:  Yes.

 3             MR. PETROVIC: [Interpretation] If you allow me, we can respond

 4     immediately.  We accept the proposal put forth by the Prosecution.

 5             JUDGE ORIE:  Then the Chamber will look at it in further detail

 6     and we'll decide on the matter.

 7             The last thing for the witness who just left the courtroom,

 8     Witness JF-047, there was a request in a motion filed on the 14th of

 9     October, 2009, that was a motion not only in relation to Witness JF-047

10     but also in relation to six other witnesses, therefore it would not be

11     very practical to ask you to withdraw that.  The Chamber, in view of the

12     protective measures that were in place, declares the request moot.

13             Are there any other procedural matters you would like to raise?

14             MR. WEBER:  Your Honour, the Prosecution at the close of its

15     re-examination did ask that three exhibits be marked for identification.

16     They are 65 ters 5789, which is an information report, proofing note from

17     the witness from 2008; 65 ter 5790, the 2006 Rule 89(F) statement of the

18     witness; and then the 3 October 2010 proofing note which is uploaded to

19     65 ter 5797, these are provisional 65 ter numbers.  The Prosecution's

20     position is that the statements 1D22 and 1D-- sorry, D 122 and D123 are

21     utterly unreliable. (redacted)

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22                           [Open session]

23             THE REGISTRAR:  We are in open session, Your Honours.

24             JUDGE ORIE:  Thank you, Madam Registrar.  I also want to say in

25     public my apologies to all those who were here for a longer period of

Page 7883

 1     time than they should have been.  We adjourn and we resume Wednesday, the

 2     13th of October, quarter past 2.00 in Courtroom I.

 3                           --- Whereupon the hearing adjourned at 1.53 p.m.

 4                           to be reconvened on Wednesday, the 13th day of

 5                           October, 2010, at 2.15 p.m.

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