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
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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