Tribunal Criminal Tribunal for the Former Yugoslavia

Page 10136

 1                           Friday, 10 December 2010

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 9.08 a.m.

 5             JUDGE ORIE:  Good morning to everyone.  Madam Registrar, would

 6     you please call the case.

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

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

 9     Prosecutor versus Jovica Stanisic and Franko Simatovic.

10             JUDGE ORIE:  Thank you, Madam Registrar.

11             If there are no procedural issues to be dealt with, then we move

12     into closed session.  And could the witness be brought into the

13     courtroom.

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23                           [Open session]

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

25             JUDGE ORIE:  Thank you.  Before we adjourn, I'd like to read one

Page 10234

 1     decision by the Chamber.

 2             The Chamber now delivers its oral decision on the Prosecution's

 3     motion for the admission of evidence of witness Miroslav Deronjic

 4     pursuant to Rule 92 quater, for which written reasons will follow in due

 5     course.

 6             On the 18th of June, 2007, the Prosecution filed its motion for

 7     the admission of evidence of witness Miroslav Deronjic pursuant to

 8     Rule 92 quater.  On the 22nd of June, 2007, the Prosecution filed an

 9     addendum to the motion containing the death certificate of the witness.

10     On the 7th of October, 2009, the Prosecution filed a corrigendum to the

11     motion, correcting discrepancies between the body of the motion and the

12     annexes thereto by withdrawing its request for admission of the testimony

13     of Deronjic in the Blagojevic and Jokic case and the Krstic case, while

14     at the same time adding a request for the admission of additional

15     transcripts of the Deronjic testimony in the Krajisnik case.

16             The Trial Chamber grants the Prosecution's motion including its

17     addendum and corrigendum.  As a result, the Chamber admits the testimony

18     of Deronjic in the Milosevic case dated the 26th and 27th of November,

19     2003, and his testimony in the Krajisnik case dated 12, 13th, 16th, 18th,

20     and 19th of February, 2004.  It further admits Deronjic's witness

21     statement dated the 25th of November 2003 publicly.  The Chamber also

22     admitted all associated exhibits publicly, with the exception of P1311

23     and P1328 since they have already been admitted into evidence.  Finally,

24     the Chamber admits the death certificate of Miroslav Deronjic under seal.

25             Although the Trial Chamber is inclined to admit the

Page 10235

 1     aforementioned testimony of Deronjic in the Milosevic case and the

 2     Krajisnik case publicly, on the 5th of July, 2010, the Prosecution

 3     requested the, and I quote "redaction of information given in closed

 4     session" referring to the information given by Deronjic.

 5             The Prosecution is requested to identify any such closed session

 6     portions of Deronjic's testimony during the next week's housekeeping

 7     session.

 8             As I stated earlier, the Chamber will provide written reasons for

 9     its decision in due course, and this concludes the Chamber's decision.

10             We adjourn for the day and we'll resume Monday, the 17th of

11     December -- no, now I'm making a mistake.  One second, please.  We resume

12     on Monday, the 13th of December at quarter past 2.00 in this same

13     Courtroom II.  If I said November, I'm saved by others because it is of

14     course the 13th of December.

15             We stand adjourned.

16             MR. JORDASH:  Can the accused be absent Monday, please.

17             JUDGE ORIE:  Yes, on housekeeping sessions, the Chamber as a rule

18     accepts if the accused choose not to be present.  Of course, they are

19     fully entitled to be present, but if they do not appear, the Chamber will

20     accept that on even without knowing the reasons.  That being on the

21     record we stand adjourned.

22                           --- Whereupon the hearing adjourned at 2.15 p.m.

23                           to be reconvened on Monday, the 13th day of

24                           December, 2010, at 2.15 p.m.

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