Tribunal Criminal Tribunal for the Former Yugoslavia

Page 15761

 1                           Thursday, 15 December 2011

 2                           [Open session]

 3                           [The accused entered court]

 4                           [The Accused Stanisic not present]

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

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

 7     courtroom.

 8             Madam Registrar, would you please call the case.

 9             THE REGISTRAR:  Good morning, Your Honours.  This is case number

10     IT-03-69-T, the Prosecutor versus Jovica Stanisic and Franko Simatovic.

11             JUDGE ORIE:  Thank you, Madam Registrar.

12             I establish that Mr. Stanisic is not in court.  The Chamber has

13     received a form, absence from court, due to illness where the three boxes

14     are ticked, including the one which says that Mr. Stanisic waives his

15     right to be present in court and that he has -- that he agrees -- gives

16     his consent for the proceedings to continue in his absence but in the

17     presence of counsel.

18             Mr. Jordash, any further update?

19             MR. JORDASH:  No, I am afraid, in terms of receiving information

20     through official channels, and I mean by that other than through

21     Mr. Stanisic, I still am none the wiser as to what is the problem with

22     Mr. Stanisic.  I do know, though, that he reports that he has a very high

23     fever and feels extremely weak and is concerned that the UNDU hospital is

24     insufficiently apprise of his illness to be able to deal with it.  His

25     wish is to be transferred to the Bronovo hospital where he feels that


Page 15762

 1     they understand his long-standing problems and he has asked me to convey

 2     that to the Court, his deep concern about the UNDU hospital and his

 3     fervent wish.

 4             I've got -- I'm going to see the head of OLAD at some point today

 5     in the hope that we can work out some way whereby we might, and I say we,

 6     the Stanisic Defence, might be able to receive information more quickly

 7     than is presently the case.  I spoke to your Legal Officer today,

 8     Mr. Nilsson who has been extremely helpful in trying to facilitate this

 9     communication, but, so far, I continue to be somewhat, I was going to say

10     frustrated, but that's the wrong word because it implies that something

11     is done on purpose, but I continue to feel frustrated that I'm not able

12     to receive the type of information which would enable me to know firstly,

13     what is wrong with Mr. Stanisic other than what he reports to me; and,

14     two, having then received that information, to be able to assist

15     Mr. Stanisic in understanding the situation.  And I do think it's

16     important, given that Mr. Stanisic is here without friends or family, I

17     may be the closest he personally has here and I'd like to be able help

18     him and he has instructed me to do so.

19             JUDGE ORIE:  Yes, I do understand that you are the person of

20     confidence at this moment closest to him.  I'm happy to hear that Chamber

21     staff is doing its utmost best and I think they even would do so without

22     instructions but are also acting under instructions of Chamber in this

23     respect.  Let's see how matters further develop.

24             Mr. Jordash, from you as Defence counsel there's no objection to

25     proceed today?

 


Page 15763

 1             MR. JORDASH:  No.

 2             JUDGE ORIE:  Is there any other matter the to be raised?

 3     Otherwise could the witness be brought into the courtroom.

 4                           [The witness takes the stand]

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Page 15767

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20                           [Open session]

21             JUDGE ORIE:  We are back in open session.  The technical problems

22     seem to be non-existent, nevertheless, I remind the parties that both, as

23     far as the content of the testimony is concerned, but also technically

24     you should switch off your microphones when the witness answers the

25     questions.  Could the witness be escorted into the courtroom.


Page 15793

 1                           [The witness takes the stand]

 2             JUDGE ORIE:  Please be seated Witness DFS-014.  We are back in

 3     open session so, therefore, take care that if there would be any answer

 4     that would be at risk to reveal your identity, that you ask for private

 5     session.

 6             Mr. Petrovic.

 7             MR. PETROVIC: [Interpretation] Thank you, Your Honour.

 8             Could we move into private session.

 9             JUDGE ORIE:  We move into private session.

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Page 15818

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13                           [Open session]

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

15             JUDGE ORIE:  Thank you, Madam Registrar.

16             MR. PETROVIC: [Interpretation] Thank you, Your Honours.

17        Q.   Could you please answer whether you know what the name of this

18     camp of Captain Dragan's was?

19        A.   The name of this camp was Alfa.  I don't know what the number

20     was, 100 something, because his intention had been to have more and more

21     camps, so the name was Alfa and that was the number.

22        Q.   Mr. Witness, do you know from where these persons enrolled in

23     Captain Dragan's courses came from?

24        A.   I was not in direct contact with him so I was not subordinated to

25     him nor was he subordinated to me, but, as far as I know, he got these

 


Page 15819

 1     new members from the military.  As far as I know, new recruits were

 2     coming in for training there and he got soldiers in a way similar to a

 3     way in which Arkan got members of his unit.  Many people wanted to join

 4     his unit because people felt that he was a good leader and that he would

 5     protects his soldiers so sometimes they would submit requests with the

 6     military to let them go into his unit because both units were under the

 7     command of the army.

 8        Q.   Mr. Witness, do you know until when Captain Dragan stayed in

 9     Bruska?

10        A.   I don't know until when he stayed there.  I know that he was

11     there for several months, four or five months, and later on he got

12     involved in some kind of humanitarian work.  He established an

13     association for helping disabled persons and the families of persons who

14     got killed.  So he came less and less to the camp, but the camp that he

15     had set up remained within the Army of the Republic of the Serb Krajina

16     until the fall of the Republic of Serb Krajina in 1995, so from then, in

17     1993, he came to this area four or five times, as far as I know.

18             MR. PETROVIC: [Interpretation] 2D266.  Could we please have a

19     look at that document now.

20             JUDGE ORIE:  Mr. Petrovic, I'm looking at the clock.  Would this

21     be a suitable moment to take a break of 20 minutes?

22             MR. PETROVIC: [Interpretation] Perhaps, Your Honour.

23             JUDGE ORIE:  We take a break and we resume at 20 minutes to 1.00

24                           --- Recess taken at 12.20 p.m.

25                           --- On resuming at 12.46 p.m.


Page 15820

 1             JUDGE ORIE:  Mr. Petrovic, you may proceed.

 2             MR. PETROVIC: [Interpretation] Thank you, Your Honour.

 3        Q.   Witness --

 4             MR. PETROVIC: [Interpretation] Could we please have in B/C/S

 5     page 2, as well as page 2 in the English version.  It is a document by

 6     the command of the 7th Corps.

 7        Q.   Witness, in this document of the 12th of March, 1993 -- please

 8     bear with me.

 9             MR. PETROVIC: [Interpretation] In the English the part I'm

10     interested in is at the top of the page.  Since it is poorly legible in

11     B/C/S, I wanted to read out that particular part.  It says:

12             "Quartermaster supplies have arrived and been distributed.  New

13     commanders of detachments and platoons were transferred yesterday to

14     attend training at the Alfa training centre."

15        Q.   Witness, do you know who sent these squad and platoon commanders

16     to be trained at the Alfa training centre?

17        A.   They were sent there by their respective commands, i.e., the

18     commanders of their units belonging to the ARSK.

19             MR. PETROVIC: [Interpretation] Thank you, Witness.

20             Your Honours, could this document be mark for identification.

21             JUDGE ORIE:  Madam Registrar, the number would be?

22             THE REGISTRAR:  Document 2D266 will receive number D617,

23     Your Honours.

24             JUDGE ORIE:  And is marked for identification.

25             MR. PETROVIC: [Interpretation]


Page 15821

 1        Q.   Thank you.  Witness, please tell us, do you know who

 2     Budimir Milosavljevic is?  Budimir Milosavljevic, aka Cale.

 3        A.   I didn't know him very well but I do know --

 4             JUDGE ORIE:  The French interpreter doesn't hear the witness.

 5     Could we check the microphone and could we do a test.  Could you speak a

 6     few more words and see whether now the French booth receives your words.

 7             THE WITNESS: [Interpretation] Cale was a commander.

 8             JUDGE ORIE:  Are there still must be a technical problem.  Could

 9     you say a few words so that we can test the interpretation again.

10             THE WITNESS: [Interpretation] Cale was for awhile the commander

11     of the Alfa training centre.

12             JUDGE ORIE:  [Microphone not activated]

13             MR. PETROVIC: [Interpretation] Thank you, Your Honours.

14        Q.   Witness, you said who the commander of the training centre was.

15             MR. PETROVIC: [Interpretation] Could we next have a look at D172.

16     D172, Your Honours.

17        Q.   Witness, before us is a document signed by Budimir Milosavljevic,

18     Cale.  Please look at the stamp.  Do you recognise it?

19        A.   I do.  It concerns the training centre Bruska,

20     military post 9050.  This was the coat of arms that was used in the RSK.

21        Q.   Thank you, Witness.

22             MR. PETROVIC: [Interpretation] Your Honours, could we please move

23     into private session.

24             JUDGE ORIE:  We move into private session.

25                           [Private session]

 


Page 15822

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Page 15833

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 8                           [Open session]

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

10             JUDGE ORIE:  Thank you, Madam Registrar.

11             MR. PETROVIC: [Interpretation] Your Honours, could we now please

12     take a look at some brief video footage.  It is a video-clip that was

13     marked for identification as D319 so I'd like to hear the witness's

14     comments, with your permission, of course.

15             JUDGE ORIE:  Mr. Petrovic --

16             MR. PETROVIC: [Interpretation] Just move it for a moment, please.

17             JUDGE ORIE:  There's no problem with that.  Of course, this is

18     your witness, you are examining him in chief, so much depends on how you

19     are going to use the video, whether you are leading the witness or not

20     and, of course, I also do not know whether there would be any objection

21     to leading in respect, but I just already mention this, that looking at

22     something, asking for comment, fine.  Looking at something and then

23     asking, Is this accurate yes or no, that's, of course, a totally

24     different matter.  Please proceed.

25             MR. PETROVIC: [Interpretation] I fully understand, Your Honour.

 


Page 15834

 1     Of course, Your Honour, thank you for having said this.  I wanted to ask

 2     the witness to identify some of the persons who appear in this

 3     video-clip.  However, now I'm going to do it the other way around.

 4        Q.   I am going to ask the witness whether he knows that at the end of

 5     1990 and the beginning of 1991 there were panel discussions, meetings,

 6     where attempts were being made to discussion burning issues, how to avoid

 7     conflicts, how to find a peaceful solution?  Were there such meetings in

 8     Knin at the time?  Do you know about this.

 9        A.   Well, I know that there were different initiatives at the time

10     aimed at finding a peaceful solution and resolving this solution in Knin

11     and the surrounding area in a peaceful way, in a humane and dignified

12     manner.  One such initiative was a meeting between President Babic and

13     the MUP leadership in Donji Lapac.  I don't know the exact time.  On

14     behalf of the Zagreb MUP, Minister Boljkovac was there, also Slavko

15     Degoricija, his deputy.  One such initiative was the president of the SDS

16     Jovan Raskovic going to Zagreb and talking to Tudjman, the president of

17     Croatia.  Later on, the stenographic notes from that meeting appeared in

18     the newspapers very quickly so that Jovo Raskovic would be portrayed in a

19     negative way.  An attempt was thereby made to portray him in a negative

20     light among the Serbs, and what was said then was that Jovo Raskovic had

21     said that Serbs were crazy people who would fight nevertheless.  And one

22     delegation came, headed by the deputy federal prime minister - I think

23     his name was Mitrovic.  I can't remember his first name - he came to the

24     Knin fortress and there were talks with Babic and other associates of his

25     from the Serb Democratic Party.  Later on, I heard that Milorad Pupovac


Page 15835

 1     came to Krajina and I know that he was there in 1994 and he is president

 2     of the Serbian National Council in Croatia today.

 3             So I know that there were several institutions of this kind

 4     launched by individuals and institutions to find a peaceful solution to

 5     the situation.

 6        Q.   Witness, could you briefly tell us what Milan Babic's position

 7     was at the time vis-a-vis these peace initiatives that were coming from

 8     different sides as we can see now?

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Page 15836

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13             MR. PETROVIC: [Interpretation] Thank you, Your Honour.  Could we

14     next have the footage.  Let's play it.

15                           [Video-clip played]

16             THE INTERPRETER: [Voiceover] "Look, I have come as the so-called

17     Milorad Pupovac from, as you say, the so-called Croatia here to the

18     so-called Krajina, as they say there where I came from.  And I came not

19     to tell you how everything around us is so-called in various -- because

20     things have gotten serious a long time ago."

21             MR. PETROVIC: [Microphone not activated]

22             THE INTERPRETER:  Microphone, please.

23             MR. PETROVIC: [Microphone not activated]

24             JUDGE ORIE:  Your microphone was not activated, Mr. Petrovic, and

25     at the same time we were waiting for the French translation to finish.


Page 15837

 1     Could you please repeat your question.

 2             MR. PETROVIC: [Interpretation] Thank you, Your Honour.

 3        Q.   Witness, can you recognise, looking from the right to the left,

 4     anyone of the people sitting there?

 5        A.   Looking from the right to the left, the first person I recognise

 6     is Risto Matkovic who at the time was either minister of justice or

 7     prime minister.  Next to him is Dr. Milan Babic.  Next to him may be

 8     Ljubica Salija [phoen], although she's unclear.  The next male in the row

 9     is Marko Dobrijevic an eminent member of the SDS.  I can't recognise any

10     of the faces that follow.

11             MR. PETROVIC: [Interpretation] Your Honour, the still that the

12     witness commented upon is at 11 minutes, 14 seconds, for further

13     reference.  Can we keep playing the footage.

14                           [Video-clip played]

15             THE INTERPRETER: [Voiceover] "Presenter:  This sensible message

16     was simply laughed at by the assembled Serbian people of Knin.

17     Milan Babic" --

18             MR. PETROVIC: [Microphone not activated]

19             THE INTERPRETER:  Microphone, please.

20             MR. PETROVIC: [Interpretation]

21        Q.   Can you recognise ...

22             MR. PETROVIC: [Interpretation] Thank you, Your Honour.

23        Q.   In this part of the footage where we see some people leaving the

24     gathering, were you able to recognise any of the people leaving,

25     actually?


Page 15838

 1        A.   I recognised Milan Babic, as I've said already, as well as

 2     Mr. Risto Matkovic.  We now see Marko Dobrijevic in the white jacket

 3     exiting.  I also saw Radoslav Tanka, an MP, who remained seated and he

 4     had been an MP in the Croatian Assembly after 1990.

 5             MR. PETROVIC: [Interpretation]  For your reference, Your Honours,

 6     this was from 11 minutes, 15 seconds, to 11 minutes, 27 seconds.  This is

 7     where we can find the people identified by the witness as leaving the

 8     gathering.

 9             JUDGE ORIE:  I don't know what you wish to do, Mr. Petrovic.  You

10     said you referred to -- anything else you would like us to do, or just to

11     keep this in mind and assist us in finding the relevant portion of what

12     is D319?

13             MR. PETROVIC: [Interpretation] Your Honour, I wanted to shed some

14     lights on the events at this gathering, I wanted to see the people who

15     left the room headed by Milan Babic.  This was an attempt at peace but

16     here he clearly demonstrated his beliefs.  In any case, I seek to tender

17     the footage as Defence exhibit.

18             JUDGE ORIE:  Now, you said you had showed D319.  Have you

19     uploaded this specific portion then?

20             MR. PETROVIC: [Interpretation] It is a longer footage of the

21     entire event, Your Honour.  It lasts about 3 minutes.

22             JUDGE ORIE:  Yes.  And D319 is marked for identification.  That's

23     a video-clip.  Now, do you want this specific portion to -- do you seek

24     that to be admitted in addition to what is already marked for

25     identification as D319, or --


Page 15839

 1             MR. PETROVIC: [Interpretation] Your Honour, I believe it is

 2     better not to keep selecting portions but to admit it all.  I tried to

 3     identify the specific parts commented upon by the witness.  In any case,

 4     I think it would be purposeful to admit the entire footage.

 5                           [Trial Chamber and Registrar confer]

 6             JUDGE ORIE:  Mr. Petrovic, I think you introduced this video as

 7     D319 and you played a certain part of that.  That D319 is marked for

 8     identification, so we'll sooner or later decide on admission of that,

 9     and, if I understand you well, this is part of it.  Now, if you want to

10     have separately this footage to be admitted, then Madam Registrar needs a

11     number under which it has been uploaded.  It's just unclear to me what

12     you want us to do at this moment.

13             MR. PETROVIC: [Interpretation] Your Honour, I seek to tender the

14     entire footage.  I don't want to keep making selections so as to further

15     confuse you at some later point when you review all this.

16             JUDGE ORIE:  Is the entire footage, is that less or more or the

17     same as D319?

18             MR. PETROVIC: [Interpretation] Yes, D319.

19             JUDGE ORIE:  That's not a -- is it -- what we -- what you want to

20     be admitted, is that exactly the same as D319 or is it more or is it

21     less?

22             MR. PETROVIC: [Interpretation] Your Honour, it is D319.

23             JUDGE ORIE:  Which was marked for identification, and I do not

24     remember exactly why it was at the time not admitted.  I would have to

25     check that first.


Page 15840

 1             MR. GROOME:  Perhaps I can assist the Chamber.

 2             JUDGE ORIE:  Yes.

 3             MR. GROOME:  The Prosecution has a standing objection to this

 4     particular video because it is heavily edited and it contains commentary

 5     of an unknown person.  Your Honour, if I could raise at this time

 6     Mr. Petrovic has said he wants to tender this because he wanted to shed

 7     some light on the events at this gathering.  But as I look through the

 8     record, I see no evidence from this witness that he recognised this

 9     gathering or he knew what was going on at this gathering, so we don't

10     even know what we've looked at.  All we do know is that he has recognised

11     some of people.  And I would submit that if Mr. Petrovic wants the

12     Chamber to know what these people look like, the most appropriate way to

13     do that would be to create a still from the video and let the witness

14     mark up the still to identify what the people look like.

15             JUDGE ORIE:  Yes, let's ask the witness.

16             Do you have any personal knowledge, Witness DFS-014, about this

17     specific gathering apart from that you recognise people who are shown on

18     this video?

19             THE WITNESS: [Interpretation] I did not attend this gathering.  I

20     do know of it, though, and this illustrates that Babic was against peace

21     initiatives, especially against Milorad Pupovac, who is also a Serb but

22     who arrived from Zagreb.  And I see him, Mr. Babic that is, leaving the

23     room with his associates as Mr. Pupovac is speaking.

24             JUDGE ORIE:  You say you know about this meeting.  How do you

25     know that what is shown is a meeting you know about?  I mean, if -- how


Page 15841

 1     would you know that this is a meeting you are familiar with?  What makes

 2     you believe that this is the meeting which apparently you have a meeting

 3     on your mind, how are you able to tell us that this is a video-clip of

 4     that meeting?  And could you describe that meeting apart from what we see

 5     on the video.

 6             THE WITNESS: [Interpretation] It was always interesting for the

 7     people in the Krajina if anyone came from the outside trying to prevent

 8     any further conflict between us and Croatia.  It always attracted our

 9     attention.  That's why we knew that Milorad Pupovac was coming.

10             JUDGE ORIE:  Yes.  You say we knew that Milorad Pupovac was

11     coming.  Where does this meeting take place?

12             THE WITNESS: [Interpretation] This meeting, as far as I can see,

13     was held in the movie theatre in Knin.

14             JUDGE ORIE:  You say as far as you can see.  But you knew you

15     about the meeting?

16             THE WITNESS: [Interpretation] Since the gathering took place

17     during those turbulent times, I wasn't present at the gathering, but I

18     did hear the talk which followed it.

19             JUDGE ORIE:  Yes.  We'll consider the admission of the 319.

20     Please proceed, Mr. Petrovic, I'm also looking at the clock at the same

21     time.

22             MR. PETROVIC: [Interpretation] Your Honour, I have only one

23     question left.

24        Q.   Witness, between July 1990 until June 1992, did you ever hear of

25     Franko Simatovic in a jeep, in a PUH, arriving in Knin bringing in some


Page 15842

 1     weapons?

 2        A.   I never heard of Frenki bringing in any weapons in Knin in a PUH

 3     vehicle.

 4             MR. PETROVIC: [Interpretation] Thank you, Your Honours.  I have

 5     no further questions of the witness, and thank you, witness, as well.

 6             JUDGE ORIE:  Thank you, Mr. Petrovic.  In relation to your last

 7     question and the answer given by the witness, may I take it that you

 8     never heard about Frenki Simatovic bringing in any weapons in Knin?

 9     Let's forget about the PUH at this moment.

10             THE WITNESS: [Interpretation] It is true that until yesterday I

11     had never been in the same room with Franko Simatovic.  It is true that I

12     heard that Franko Simatovic was in the Krajina sometime in the first half

13     of 1991.  I heard of some people from the MUP of Serbia, some Frenki

14     being there.

15             JUDGE ORIE:  The issue is:  Did you ever hear about the person

16     you called Frenki bringing in weapons in Knin?

17             THE WITNESS: [Interpretation] No, I never heard that.

18             JUDGE ORIE:  Thank you.

19             Mr. Petrovic, you might ask yourself why I put this last question

20     to the witness because you phrased the question in such a way that you

21     leave it open that he brought in weapons in another vehicle.  That's a

22     matter of technique of examining a witness because the answer doesn't

23     exclude that he brought in weapons by a Volkswagon, but that apparently

24     has now been excluded, and that is apparently, I think, what you sought

25     to establish, isn't it?

 


Page 15843

 1             MR. PETROVIC: [Interpretation] Thank you, Your Honour.  I based

 2     my question on the only statement about that circumstance which is the

 3     statement of JF-039.  This is how he described Frenki.  In any case, I

 4     thank you for your intervention.

 5             JUDGE ORIE:  Yes.

 6             Your cross-examination will have to be postponed until after the

 7     winter recess.

 8             Have the parties already agreed on the order of witnesses, and

 9     I'm also looking at the Stanisic Defence, after the recess?  I think the

10     first hearing we have is on the Tuesday, the 10th of January, is that ...

11             MR. BAKRAC: [Interpretation] Yes, Your Honour.

12             JUDGE ORIE:  [Overlapping speakers]... that the parties would

13     like to recall this witness to be cross-examined on the 10th of January.

14             Mr. Groome, the only -- the Chamber was informed about some

15     concerns about Orthodox Christmas.  Now, that would be the 8th of

16     January, is that --

17             MR. BAKRAC: [Interpretation] Your Honour, I wanted to bring that

18     up.  I wanted to say that, generally speaking, we have a problem with

19     that.  I know that due consideration here is given to resources, but

20     including this witness, as well as all other witnesses of ours, there is

21     a problem that we have.  Calling a witness between the 7th and the 14th

22     of January is as if calling witnesses between the 25th of December and

23     the 31st December in Catholic countries.  We really do face that problem.

24     If there's any possibility that we start on Monday the 15th, it would

25     make things a lot easier for us.  When Mr. Petrovic proofed this witness,


Page 15844

 1     I believe he encountered the very same problem.

 2                           [Trial Chamber confers]

 3             JUDGE ORIE:  The Chamber will consider your request.  At the same

 4     time you'll understand that the Chamber wouldn't like to lose a whole

 5     week in court.  At the same time, I think there are a few other witnesses

 6     still waiting who may not be of Orthodox belief.  Mr. Jordash, I think

 7     your Mr. Brown would only be available on the 16th, or could he come any

 8     earlier, let's say, on the 10th, for example.

 9             MR. JORDASH:  I don't know the answer to that off the top of my

10     head, but I could check that probably today or certainly by early next

11     week.

12             JUDGE ORIE:  Yes.  Of course this Chamber is not trying to

13     push -- to push too much those who are celebrating Orthodox Christmas to

14     be here.  At the same time, Mr. Bakrac, as far as the other Christmas is

15     concerned, to say that no work is done between the 25th and the 31st,

16     that's perhaps a bit an overoptimistic view on how this functions; 25th,

17     okay, 26th, well, that is often observed, but I wouldn't like to count

18     the days 27th, 28th, 29th, 30th, when I saw a lot of people - I'm not

19     talking about myself - working.

20             So, therefore, you should think about because Orthodox Christmas

21     itself is the 8th, Sunday the 8th?

22             MR. BAKRAC: [Interpretation] No, Your Honour.  The 7th.  That is

23     when Orthodox Christmas is.  What I had in mind was this:  If we started

24     on the 10th, the witnesses need to arrive here two or three days before

25     which is on the Christmas Day or immediately afterwards.


Page 15845

 1             JUDGE ORIE:  He shouldn't speak with anyone.  Why doesn't he

 2     arrive on Monday the 9th?

 3             MR. BAKRAC: [Interpretation] No, no, Your Honour.  I had in mind

 4     other witnesses of ours which will follow this one.  I don't know about

 5     that with this witness.  He asked, though, that if possible, if he is

 6     recalled, he could begin in the week of the 15th.  That was all.  Perhaps

 7     we could consider the possibility of other witnesses, but they pose the

 8     same problem.

 9             JUDGE ORIE:  The Chamber will consider it.  The Chamber, of

10     course, wants to use its time.  A week in court is one week delay

11     that's -- that's two and a half per cent of our yearly production, if I

12     could express myself in that way.  That's much.  At the same time, as I

13     said before, the Chamber is not -- doesn't want to push witnesses to come

14     here on their holidays.  At the same time, a whole week is quite a bit,

15     if Orthodox Christmas is the 7th and if you would like to start on the

16     10th, we'll discuss it, but certainly if an arranged scheduling of other

17     witnesses either your witnesses who may not be Orthodox or the still

18     outstanding witnesses of the Stanisic Defence, if that could be scheduled

19     this week, it might be easier to meet the concerns of this witness.  I

20     leave it to that at this moment.  And you are invited to inform the

21     Chamber, perhaps after having consulted with Mr. Jordash, as soon as

22     possible.

23             Groome.

24             MR. GROOME:  Just two thing, Your Honour.  The Prosecution defers

25     to the Chamber on matters of scheduling, but the Chamber -- the


Page 15846

 1     Prosecution does request that by Monday, this coming Monday the 19th,

 2     that the Prosecution has some idea of at least the order of witnesses

 3     from the Simatovic Defence so we can conducts our preparations.  And

 4     secondly, Your Honour, the Chamber has made some reference to Mr. Brown's

 5     expert report.  The Prosecution is relying that we will be given the

 6     amount of time provided for in the Rules to examine his report and to

 7     make some assessment which may require us to seek some expertise on our

 8     own.  It's a highly technical matter and we will be requiring the full

 9     amount of time we are allowed in the Rules.

10             JUDGE ORIE:  We'll have a look at it.  The parties are invited to

11     inform the Chamber without any delay about possibilities for scheduling

12     witnesses during the week starting the Tuesday, the 10th of January.  And

13     the Chamber will then consider how to instruct the parties in terms of

14     scheduling.

15             Witness DFS-014, you have followed our discussion.  You may also

16     have understood that the Chamber is sympathetic to meeting your request,

17     but at the same time has to balance other interests as well.  Meanwhile

18     -- and you'll be informed about when we expect you back, meanwhile, I

19     instruct you that you should not speak, and that it's valid for the

20     remainder of the time until you return to be cross-examined, that you

21     should not speak or communicate in any other way with whomever about your

22     testimony, whether already given or still to be given.  Is that clear?

23             THE WITNESS: [Interpretation] It is clear to me, Your Honour.

24             JUDGE ORIE:  Then we adjourn until Tuesday, the

25     10th of January, 2012, at a quarter past 2.00 in this same Courtroom II,


Page 15847

 1     and I wish everyone a good recess, and the Chamber hopes that you'll find

 2     in the recess what you -- what you expect to find there, whether it's

 3     your holidays, whether it's Orthodox, whether it's another Christmas,

 4     whether it's no Christmas at all.  That's what we wish everyone.  And my

 5     last word is apologies for the ten stolen minutes to our -- those who are

 6     supporting us.  We stand adjourned.

 7                           --- Whereupon the hearing adjourned at 1.56 p.m.

 8                           to be reconvened on Tuesday, the 10th day of

 9                           January, 2012 at 2.15 p.m.

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