Tribunal Criminal Tribunal for the Former Yugoslavia

Page 9

1 Friday, 26 May 2000

2 [Status Conference]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 9.59 a.m.

6 JUDGE HUNT: Call the case, please.

7 THE REGISTRAR: Good morning, Your Honour.

8 The case number, IT-98-32-PT, the Prosecutor versus

9 Mitar Vasiljevic.

10 JUDGE HUNT: Appearances, please.

11 MS. KORNER: Joanna Korner representing the

12 Prosecution together with Ann Sutherland.

13 JUDGE HUNT: Thank you, Ms. Korner.

14 For the accused.

15 MR. DOMAZET: Vladimir Domazet, counsel of

16 Mitar Vasiljevic.

17 JUDGE HUNT: Thank you. Mr. Vasiljevic, are

18 you able to hear the proceedings in a language which

19 you understand?

20 THE ACCUSED: [Interpretation] Yes.

21 JUDGE HUNT: Thank you very much. You may

22 sit down.

23 This is a Status Conference held in

24 accordance with the provisions of Rule 65 and within

25 the time limit imposed by that Rule.

Page 10

1 Ms. Korner, what is happening about the

2 disclosure of the supporting material?

3 MS. KORNER: Well, Your Honour, the

4 supporting material was disclosed to Mr. Domazet some

5 time ago when he came onto the case.

6 JUDGE HUNT: Yes. I remember you were

7 waiting until counsel was appointed.

8 MS. KORNER: That's right.

9 JUDGE HUNT: Do you remember what date it

10 was?

11 MS. KORNER: Off the top of my head I can't,

12 no. I'm sure Ms. Sutherland will be able to assist me.

13 JUDGE HUNT: Was it in a language the accused

14 understands?

15 MS. KORNER: Yes. Can I mention on that

16 topic, Your Honour, this: The disclosure took place

17 with the name and any information which might identify

18 the witnesses redacted. However, that is how it went

19 before the Confirming Judge. So in this case, as

20 opposed to another case which Your Honour is seized of,

21 the supporting material is in identical form.

22 JUDGE HUNT: Good. Thank you very much. I

23 rather suspected that might be the case.

24 MS. KORNER: But, Your Honour, could I say

25 this: We served upon the Court, if that's the right

Page 11

1 word, lodged with the Court a motion for protective

2 measures in identical terms to the one which has been

3 put in place in the case of Brdjanin and Talic. That

4 was given to counsel who originally represented

5 Mr. Vasiljevic, but I understand from speaking to

6 Mr. Domazet very briefly this morning that he never

7 received it, and Your Honour will have seen there's

8 been no response lodged to that motion within the time

9 period, but I think that's because Mr. Domazet's never

10 had it.

11 JUDGE HUNT: Right. What about the -- any

12 additional statements from -- what is it? -- Rule

13 66(A)(ii)?

14 MS. KORNER: Can I put Your Honour in the

15 picture straight away? Some further statements have

16 been taken. They're in the process of being

17 translated. They will be disclosed to the Defence as

18 soon as that is done, and effective, Your Honour, this

19 case is ready to go any time that this Trial Chamber

20 orders it, so far as the Prosecution is concerned.

21 JUDGE HUNT: When do you expect to serve

22 these further statements.

23 MS. KORNER: It will be a question of the

24 translation department. As Your Honour may know, it's

25 very overburdened in the moment. We would hope within

Page 12

1 the next two to three weeks.

2 JUDGE HUNT: Right. Thank you very much.

3 Well, Mr. Domazet, when were you served with

4 the supporting material, do you remember?

5 MR. DOMAZET: Yes. I think, Your Honour, it

6 was about 15 February, I think, 15 or 16. I was here.

7 JUDGE HUNT: Does that mean, from your

8 silence, that we are not going to have an application

9 under Rule 72 in relation to the form of the

10 indictment?

11 MR. DOMAZET: Yes. Yes, Your Honour.

12 JUDGE HUNT: Thank you. That means we're not

13 going to get any application. Thank you very much.

14 Now, is there any matter which you wish to

15 raise within the terms of Rule 65 in relation to your

16 client?

17 MR. DOMAZET: No, Your Honour. I'm awaiting

18 additional materials and we are preparing our witnesses

19 and the others.

20 JUDGE HUNT: But you are familiar, are you,

21 with the terms of Rule 65 bis as to the matters which

22 you are entitled to raise on behalf of your client?

23 MR. DOMAZET: Yes, Your Honour.

24 JUDGE HUNT: Thank you very much. And

25 there's nothing further you want to raise?

Page 13


2 JUDGE HUNT: Thank you. Well, is there

3 anything that either party wishes to raise at this

4 stage?

5 MS. KORNER: Only this, Your Honour, and it

6 doesn't really particularly apply, but the question of

7 protective measures does apply to a number of cases,

8 and I think it would assist if we were to have some

9 idea of when we were likely to get a ruling.

10 JUDGE HUNT: Hopefully soon. The draft is

11 well under way.

12 MS. KORNER: Thank you.

13 JUDGE HUNT: If I may remind you -- probably

14 you do not need reminding, Ms. Korner, but there is the

15 continuing obligation which the Prosecution has under

16 Rule 66, 67, and 68, and no doubt you'll keep it in

17 mind should anything further arise.

18 Nothing further you wish to raise,

19 Mr. Domazet?

20 MR. DOMAZET: No, Your Honour. About this 65

21 bis, no.

22 JUDGE HUNT: Thank you very much. That so --

23 MS. KORNER: I'm so sorry. May I just

24 mention one other matter. I think it may assist the

25 Court to know that not only do we anticipate being in a

Page 14

1 position to go; Pre-Trial brief will be begun and

2 lodged quite soon. But it's a very short case. We

3 anticipate that the Prosecution case will take no more

4 than about 14 days in all.

5 JUDGE HUNT: So that if we have a slot for a

6 short case, this is a good candidate.

7 MS. KORNER: Absolutely. Yes.

8 JUDGE HUNT: Thank you very much for that.

9 I'm not holding out any promises, I should say, but

10 it's a very good idea to have a case ready to run at

11 short notice, hopefully.

12 MS. KORNER: Yes. Ms. Sutherland reminds me,

13 correctly, that perhaps if the Registry were to provide

14 Mr. Domazet with a copy of the motion, because he

15 hasn't had it, would Your Honour say that he could then

16 have 14 days from today to respond if he so wishes?

17 JUDGE HUNT: That depends on whether he will

18 be served with it today.

19 MS. KORNER: Your Honour, I merely raised it

20 to assist Mr. Domazet.

21 JUDGE HUNT: Oh, yes. I understand that.

22 Well, just one moment.

23 [Trial Chamber and legal officer confer]

24 JUDGE HUNT: We'll seek to ensure that

25 Mr. Domazet gets a copy of that motion today, and we'll

Page 15

1 extend the time for 14 days from today in which to

2 respond to that motion for protective measures. That's

3 all. Thank you very much for attending, and we'll

4 adjourn.

5 --- Whereupon the Status Conference

6 adjourned at 10.08 a.m.