Tribunal Criminal Tribunal for the Former Yugoslavia

Page 13634

 1                           Thursday, 25 August 2011

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 9.03 a.m.

 5             JUDGE ORIE:  Good morning to everyone in and around this

 6     courtroom.

 7             Madam Registrar, would you please call the case.

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

 9     everyone in and around the courtroom.

10             This is case IT-03-69-T, the Prosecutor versus Jovica Stanisic

11     and Franko Simatovic.

12             JUDGE ORIE:  Thank you, Madam Registrar.

13             We turn into closed session, unless there's anything to be raised

14     prior to that.  Apparently not.  And could the witness be brought into

15     the courtroom, please.

16                           [Closed session]

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11 Pages 13635-13637 redacted. Closed session.















Page 13638

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 9                           [Open session]

10             THE REGISTRAR:  We're in open session, Your Honours.

11             JUDGE ORIE:  Yes.  Yes, Ms. Marcus.

12             MS. MARCUS:  Thank you, Your Honour.

13             Just to react to Mr. Jordash's e-mail, in terms of notice, in

14     light of the next two witnesses that had been scheduled, and before we

15     heard of the Chamber's adjournment decision, we, of course, shifted very

16     significant resources over to preparing for DST-030 and DST-042.

17             When the adjournment decision came and we shifted, basically, the

18     entire team resources over to preparing for DST-030, and we were told as

19     of this week, I think a day or two ago, that we could expect to receive a

20     92 ter statement for DST-030 that would be forthcoming.

21             Now, this -- the very late notice with respect to shift to

22     DST-030 potentially not coming has certainly caused -- caused the

23     Prosecution a great deal of -- has presented significant challenges for

24     us.  In addition, the order now seems to be switched because there was

25     DST-030, then there was to be 42, 64, and then 40.  Now the -- and

Page 13639

 1     everything in the order, this is the reason we confirm it, because we, of

 2     course, obtain searches and conduct all kinds of other searches involving

 3     other units in the order in which the witnesses are called.  So it's not

 4     only about our preparation; it's also about the information we gather and

 5     our ability to timely disclose, et cetera.

 6             So what we would like to ask for, Your Honours, is that with

 7     respect to DST-040 we'd like confirmation that the witness will come next

 8     week.  And Mr. Jordash has said in the e-mail that he would provide a

 9     92 ter statement by Saturday.  We'd like to ask - unless for some reason

10     we're sitting tomorrow, which my understanding is that we're not - that

11     we receive, if possible, a 92 ter statement for DST-040 by the close of

12     business tomorrow.

13             JUDGE ORIE:  Mr. Jordash, there is a request for DST-040.  You

14     have some additional time, although I do not know how you would like to

15     spend it.

16             MR. JORDASH:  The way in which we were proceeding was this:  That

17     we have notes for this witness, we're putting it together into a

18     statement.  It then has to be translated and then it has to be shown to

19     the witness and he has to check it.  So what's happening today is that

20     the statement is being put together, the translation takes place

21     tomorrow.  Our investigator in Belgrade will then take the witness

22     through it on Saturday before he gets on the plane in the evening, and

23     that's we indicated we would disclose it on Saturday, because we can't

24     see how we could do it any quicker.

25             JUDGE ORIE:  Yes.  Is there any way that you would consider

Page 13640

 1     notes, not as the final statement of the witness but as a kind of an

 2     extended 65 ter summary, and provide that to the Prosecution so that they

 3     know how to ... I mean --

 4             MR. JORDASH:  Yes.

 5             JUDGE ORIE:  You changed the order at relatively short notice, if

 6     I could say so.

 7             MR. JORDASH:  Yes.

 8             JUDGE ORIE:  If that would be a way to proceed, that might meet

 9     some of the concerns, expressed by Ms. Marcus.

10             MR. JORDASH:  We will certainly go through the notes today and

11     disclose a more detailed 65 ter summary by the end of the day.  Our only

12     concern would be, obviously, that we don't put the witness into the

13     position of being cross-examined on a statement that he hasn't reviewed.

14     But we certainly appreciate the Prosecution's problems.  We apologise for

15     the change of order.  It is one of those things not entirely our fault.

16     It is just one of those things.  But we appreciate the problem, and we

17     will disclose much more detail by the end of the day.

18             JUDGE ORIE:  Is that -- does that meet some of your concerns?

19     Before the witness has seen the final version of the statement, of

20     course, I do understand the hesitation by Mr. Jordash to -- to present

21     that more or less as his statement.  I take it that that's understood.

22             MS. MARCUS:  Yes, we can accept it as preliminary unconfirmed

23     notes.  That's not a problem.  And we can take it before the translation.

24             You have it in English; is that right?

25             MR. JORDASH:  Yes, that's right.  That's what I mean.

Page 13641

 1             MS. MARCUS:  Right.  Right.

 2             MR. JORDASH:  I'll go through the notes today, I'll put something

 3     together by the end of the day --

 4             MS. MARCUS:  Right.

 5             MR. JORDASH:  -- and then it will be translated for the witness

 6     tomorrow so he can go through it at some stage tomorrow or Saturday.

 7             MS. MARCUS:  Right.  So we can receive it fairly soon, I assume.

 8             MR. JORDASH:  You will definitely receive it today.

 9             MS. MARCUS:  Okay.  Today.  Thank you.  And just to add:  That,

10     of course, we've committed to these deadlines for the responses to the

11     provisional release as well, so we really do appreciate any ... so we're

12     confirming that DST-040 is coming next week; is that correct?

13             MR. JORDASH:  Yes.

14             MS. MARCUS:  Thank you.

15             MR. JORDASH:  And you will receive the notes by the end of the

16     day.

17             MS. MARCUS:  Thank you very much.

18             JUDGE ORIE:  Ms. Marcus, you're getting the presents today.

19             We are in open session.  I announced that we'll adjourn for the

20     day, due to the medical condition of the present witness, and that we

21     will resume on Wednesday, the 31st of August, 9.00 in the morning,

22     Courtroom II.

23                            --- Whereupon the hearing adjourned at 9.47 a.m.,

24                           to be reconvened on Wednesday, the 31st day of

25                           August, 2011, at 9.00 a.m.