Tribunal Criminal Tribunal for the Former Yugoslavia

Page 5976

 1                           Tuesday, 2 February 2010

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 2.24 p.m.

 5             THE REGISTRAR:  Good afternoon, Your Honours.  Good afternoon to

 6     everyone in and around the courtroom.  This is case IT-08-91-T, the

 7     Prosecutor versus Mico Stanisic and Stojan Zupljanin.  Thank you, Your

 8     Honours.

 9             JUDGE HALL:  Thank you, Mr. Registrar.

10             May we begin by taking the appearances, please.

11             MS. PIDWELL:  May it please Your Honours.  Appearing for the

12     prosecution today is Tom Hannis, Belinda Pidwell, and Crispian Smith.

13             MR. ZECEVIC:  Good afternoon, Your Honours.  Slobodan Zecevic,

14     Slobodan Cvijetic, Eugene O'Sullivan, and Tatjana Savic appearing for

15     Stanisic Defence.  I'm sorry, and Dominic Kennedy, our intern is also

16     present.  Thank you very much.

17             MR. PANTELIC:  Good afternoon, Your Honours.  For Zupljanin

18     Defence, Igor Pantelic and Dragan Krgovic.

19             JUDGE HALL:  I'm now addressing the witness.

20             Good afternoon to you, sir.  Can you hear me?

21             THE WITNESS: [Interpretation] Good afternoon.  I can hear you.

22             JUDGE HALL:  Thank you.  You, as you would be aware, have been

23     summoned to attend as a witness before the -- this Tribunal and your

24     evidence is being received by way of videolink.  The Court Officer who is

25     with you, as I'm sure would have been explained to you, is there to

Page 5977

 1     assist and facilitate the testimony which the Tribunal is receiving live

 2     by way of this videolink.

 3             Have you appeared before the Tribunal previously, or have you

 4     appeared in court in your -- anywhere in -- in your country of residence?

 5             THE WITNESS: [Interpretation] No, never.

 6             JUDGE HALL:  Well, I would begin by explaining the procedure to

 7     you.  And that is that the side calling you, in this case the

 8     Prosecution, would begin by asking you questions, after which the counsel

 9     for each of the two accused persons would have a right to ask you

10     questions.  Then the Prosecution could re-examine you, and the Chamber,

11     itself may have questions of you.

12             I would begin by asking you to state your name for the record,

13     sir.

14             THE WITNESS: [Interpretation] My name is Asim Basic.

15             JUDGE HALL:  And what is your date of birth?

16             THE WITNESS: [Interpretation] 7th of February, 1951, in the

17     village of Basici.

18             JUDGE HALL:  And what is your profession or occupation?

19             THE WITNESS: [Interpretation] I'm a -- I am a mining engineer,

20     and I used to operate a bagger or excavator.

21             JUDGE HALL:  And what is your ethnicity?

22             THE WITNESS: [Interpretation] Bosniak.

23             JUDGE HALL:  Thank you, sir.

24                           [Trial Chamber confers]

25             JUDGE HALL:  Thank you, I would now invite the Prosecution to

Page 5978

 1     begin by asking its questions of you.

 2                           [Trial Chamber and Registrar confer]

 3             JUDGE HALL:  But before she does that, I would now invite the

 4     Court Officer to have you take the solemn declaration.

 5             THE WITNESS: [Interpretation] I solemnly declare that I will

 6     speak the truth, the whole truth, and nothing but the truth.

 7                           WITNESS:  ASIM BASIC

 8                           [Witness testified through interpreter]

 9                           [Witness testified via videolink]

10                           Examination by Ms. Pidwell:

11             JUDGE HALL:  Thank you, sir.

12             Yes, Ms. Pidwell.

13             MS. PIDWELL:  Thank you, Your Honour.

14        Q.   Good afternoon, Mr. Basic.

15        A.   Good afternoon.

16        Q.   Are you able to hear me and see me?

17        A.   Yes, I can see and hear you well.

18        Q.   I'm going to ask you a series of questions, and the questions

19     that I ask will be translated as I speak, so I ask you just to pause

20     between my questions and your answers so the interpreters can keep up

21     with us.

22             Mr. Basic, do you have a bundle of documents in front of you?

23        A.   Yes, there are some.

24        Q.   Well, if we just leave them in front of you for the moment, and

25     I'll be referring to them during the course of your testimony this

Page 5979

 1     afternoon.

 2             Firstly I'd just like to ask you some background questions, sir.

 3             We've heard that you were born in the municipality of Gacko in

 4     southern Bosnia and Herzegovina; is that right?

 5        A.   Yes, it is.

 6        Q.   And am I correct in saying that you lived there for your entire

 7     life up until the war broke out in 1992?

 8        A.   I lived in Gacko and worked there and was born there until the

 9     war broke out.  I haven't been anywhere else.

10        Q.   And the town that you lived in was the town of Basici, the town

11     of your birth; is that correct?

12        A.   No, it is called Fazlagica Kula.  It is made up of 13 villages

13     and they constitute a local community.  My own village is called Basici.

14        Q.   If my math is correct in 1991, would you have been 40 years old.

15     Does that sound right to you?

16        A.   Well, yeah, I was born in 1951.

17        Q.   And, sir, are you married?

18        A.   On the 7th of February, 1951.  Yes, I'm married.  I've got a wife

19     and four kids.

20        Q.   And do you still live in the municipality of Gacko?

21        A.   No.  When I was evicted from Gacko, I didn't return, because I

22     didn't dare.  Now I'm in Sarajevo.

23        Q.   Can you please tell the Tribunal the -- the municipalities that

24     surround the municipality of Gacko?

25        A.   The municipality of Gacko is surrounded by the municipalities of

Page 5980

 1     Nevesinje, on the north; a village on Trebinje on the south; then Foca on

 2     one side ...

 3        Q.   And is the terrain of the municipality generally flat, or is it

 4     mountainous?

 5        A.   The Gacko Polje, that is the Gacko field is flat but there are

 6     mountains also.

 7        Q.   And before the war, would you agree with me that approximately

 8     11.000 people lived in this municipality?

 9        A.   Yes, round about that number.

10        Q.   And of those 11.000 people, approximately 35 per cent were from

11     your ethnic background, Bosniaks; is that correct?

12        A.   Yes, if we take the entire municipality.  But the town of Gacko

13     itself was predominantly Bosniak.

14        Q.   That's right.  Would you agree that the town of Gacko itself was

15     approximately 51 per cent Bosniak and 49 per cent predominantly Serb and

16     other ethnicities?

17        A.   There were two or three Croats, and all the rest were Serbs, and

18     51 per cent were Bosniaks.

19        Q.   Outside of the -- the town of Gacko, which areas in the

20     municipality did the Bosniaks predominantly live?

21        A.   Kula Fazlagica was made up of 13 villages and they were all

22     Bosniaks and there was also Borac.  These were inhabited by Bosniaks and

23     all the other villages were Serb villages.

24        Q.   Thank you, sir.  I'd ask if can you look at the documents that

25     are in the bundle in front of you and turn to tab -- the document behind

Page 5981

 1     tab 1.  It's 65 ter 10135.23.  Sorry, 101735.  10137.23.

 2             Do you have that map in front of you, sir?

 3        A.   Yes, I do.

 4             MS. PIDWELL:  Yes, Your Honours, it is one of the maps that's in

 5     the binders.

 6             JUDGE HARHOFF:  [Microphone not activated]

 7             MS. PIDWELL:  Yes.

 8        Q.   Sir, do you agree that this is a -- a basic map of the

 9     municipality of Gacko?

10        A.   Yes, I agree, to a great extent.

11        Q.   And that it has the -- on the map it has marked the Muslim towns

12     that you were referring to:  Fazlagica Kula at the bottom, and Borac at

13     the top?

14        A.   Yes.

15        Q.   And your town was one of the hamlets within Fazlagica Kula; is

16     that correct?

17        A.   Yes.  It there was a connection with another village in the

18     direction of Nevesinje.

19        Q.   And besides those two villages that you've named, the other towns

20     that we see named on that map, were they predominantly Serb towns?

21        A.   Well, yes.  Avtovac was Serbian, Ravni also, Kokorina.  And

22     Cemerno was also a Serb villages.

23        Q.   We see also on that map, and you've just mentioned the town of

24     Avtovac, was there anything in particular that was based at that town?

25        A.   Yes, yes.

Page 5982

 1        Q.   What was there?

 2        A.   There was a military barracks.

 3        Q.   And just to give us a little bit of perspective, how far is that

 4     from the -- the main town of Gacko that we see there?

 5        A.   Two and a half or 3 kilometres, roughly.

 6        Q.   And to give us also a little bit of perspective, in your town,

 7     how many households made up your town of Basici?

 8        A.   There were 70 houses in Basici, and there were three persons that

 9     lived in each of these houses, three to four.

10        Q.   There's also a thermal power plant in the municipality of Gacko.

11     Are you able to show us on the map before you -- approximately where that

12     is?

13             Perhaps the court Registrar could assist you by providing a pen.

14        A.   It should be here.  Here, between Gacko and the place in the

15     south.

16             MS. PIDWELL:  I wonder if the court Registrar in Sarajevo could

17     assist the witness in marking the -- the map before him, please.

18        Q.   If you could just place a number 1 where the thermal power plant

19     is, please.

20        A.   [Marks]

21             MS. PIDWELL:  Your Honours, I'm in your hands at this point

22     whether you want the witness to hold it up to the camera or that we could

23     simply tender it and the Registrar can bring it back.  Thank you.

24             Could I please tender that document as an exhibit at this stage

25     then.

Page 5983

 1             JUDGE HALL:  Admitted and marked.

 2             THE REGISTRAR:  Your Honours, that will be Exhibit Number P00914.

 3     Thank you, Your Honours.

 4             JUDGE HALL:  Sorry, Ms. Pidwell, do you anticipate this witness

 5     making any further markings on the copy of the map that he has?

 6             MS. PIDWELL:  No, I don't, Your Honour.

 7        Q.   And, finally, on these general background questions, sir, could

 8     you briefly describe what the relations were like between Bosniaks and

 9     Serbs in the municipality of Gacko before the war.

10        A.   [No interpretation]

11             MS. PIDWELL:  I don't -- I think we're having a problem.  There

12     is no translation coming through, Your Honours.

13             THE WITNESS: [Interpretation] Before the war the relationships

14     were excellent until the moment some paramilitary formations came from

15     Serbia about a couple of months before the war.  Before that, everything

16     was excellent, we socialised, we celebrated our religious holidays

17     together.  It was good.

18             MS. PIDWELL:

19        Q.   I wanted to ask you some questions about what happened after the

20     elections in 1990.

21             Do you recall who was appointed the president of the

22     municipality?

23        A.   Mitar Lazetic was appointed the president of the municipality.

24        Q.   And from which political party was he from?

25        A.   The SDS.

Page 5984

 1        Q.   And did you know him personally?

 2        A.   Yes.  We worked together.  He was one of the engineers in the

 3     thermal electric plant.

 4        Q.   And do you know who -- do you recall who was appointed the chief

 5     of the SJB in Gacko after the -- directly after the elections?

 6        A.   Elvedin Dzubur was the commander of the SJB and Tale Talovic was

 7     the chief of the SUP, until the moment the SDS took over.  After that, a

 8     certain person was brought over from Foca and appointed commander of the

 9     police.

10        Q.   Do you recall the name of the -- sorry.  The -- after the

11     elections was the chief of the SJB appointed from the SDS or from the

12     SDA; do you recall that?

13        A.   I believe that he was from the SDS.  And before that, he was from

14     the SDA.  After the elections the person from the SDA was the chief of

15     public security, and then the SDS came and forcefully removed that person

16     from office.

17        Q.   Do you recall the name of the chief of public security from the

18     SDA?

19        A.   Tale Talovic.  And the police commander was Elvedin Dzubur.

20        Q.   And you've said that these positions were then taken over by the

21     SDS.  Do you recall how that happened?

22        A.   When the paramilitary formations arrived in Gacko, there was a

23     rebellion, and then they forcibly removed both the police commander and

24     the police chief.

25        Q.   Do you know who was appointed in their place?

Page 5985

 1        A.   A certain name called Popovic was brought to that position and

 2     the police commander was Vitomir Popic, a former police officer.

 3        Q.   I'm going ask you to repeat the name of the police commander

 4     because I'm not sure it was caught by the interpreters.

 5             Could you name the police commander?

 6        A.   The police commander was Vitomir Popovic, and the chief I don't

 7     know what his first name was.  I know that his family name was Popovic

 8     and the other was Vitomir Popic.  And I don't know Popovic's first name.

 9     I only know that his family name was Popovic.

10        Q.   The -- the police commander Popovic, did you know him personally?

11        A.   I knew him -- I knew 99 per cent of the children in Gacko let

12     alone the police commander.  Of course I knew him.

13        Q.   And did you know Popic personally?

14        A.   I knew Popic personally.  And as for Popovic, I did not know him,

15     and I never saw him before.

16        Q.   Sorry, sir, I just need to go back a little bit.  These names are

17     a little bit confusing because they are so similar.

18             The -- there are two gentlemen who are the police chief and the

19     police commander of the SJB in Gacko.  The one that you have said you

20     knew was -- just to clarify, was Popic.  Is that correct?

21        A.   Yes, Popic.  And the other one was Popovic.

22        Q.   And you have said that -- initially you said that Popovic, that

23     you knew Popovic, but can you confirm whether you knew [Microphone not

24     activated]?

25        A.   No, I didn't know Popovic; no, I didn't.  What I am saying is

Page 5986

 1     that I knew Popic.  I didn't know Popovic.  Popovic was brought to our

 2     village from Foca.

 3        Q.   I'm going to ask you to look at a document, please.  It's under

 4     tab 10 in your binder, and it's 65 ter 2133.

 5        A.   Popovic ...

 6        Q.   Sir, do you have that page in front of you?

 7        A.   Yes, I do.  I do, yes.

 8        Q.   Going through the names from the top, can you -- will you see

 9     that under number one it says Vojin Popovic.  Is that the name -- is that

10     the person that you were referring to that you did not --

11        A.   Yes, yes, Vojin Popovic, yes.

12        Q.   And underneath.

13        A.   Vitomir Popic.  That's the person whom I didn't know personally.

14     Vitomir Popic.  I knew him.  Because he used to work as a police officer

15     in Gacko.

16        Q.   And going down the list, sir, are there any other names on that

17     list that you recognise as people that you know personally or knew

18     personally?

19        A.   Mladen Vukovic, Milivoj Vukovic --

20             THE INTERPRETER:  The witness is reading names.

21             MS. PIDWELL:  Perhaps we could have the interpretation, please.

22             THE WITNESS: [Interpretation] I knew all those who are on the

23     list.  I knew them by sight.

24             MS. PIDWELL:

25        Q.   And after Popovic was appointed, did you ever encounter him in

Page 5987

 1     the town of Gacko, in his role as the chief of police?

 2        A.   Well, yes, in passing.  I happened to see him oftentimes.

 3             MS. PIDWELL:  I'd ask that this document be admitted and marked

 4     at this juncture, please.

 5             JUDGE HALL:  Admitted and marked.

 6             THE REGISTRAR:  That would be Exhibit Number P00915.  Thank you,

 7     Your Honours.

 8             JUDGE DELVOIE:  I think -- Ms. Pidwell, I think we should clarify

 9     something in the -- in the transcript.

10             At page 10, line 22 -- no, no, no.  Because there is a confusion

11     about who the witness knows and who he doesn't know.

12             THE WITNESS: [Interpretation] I knew them all by sight.  I knew

13     95 per cent of the children and everybody.  I knew them all by sight.

14             JUDGE DELVOIE:  Except Popovic.  I can't -- I can't find -- I

15     can't find it in the transcript anymore.  But at a certain moment he

16     says -- well, in the transcript he seems to say, Popic, I don't know him.

17     But the -- the Vitomir Popic was your question and not his answer.

18             THE WITNESS: [Interpretation] I knew Popic well.

19             JUDGE DELVOIE:  Okay.  Okay.  So it's okay.

20             MS. PIDWELL:  Would Your Honours like me to clarify that once

21     more?

22             JUDGE DELVOIE:  No, no.  As long as it is clear in the transcript

23     and there is no doubt about it.

24             MS. PIDWELL:

25        Q.   Sir, can you explain how it is that you say that you knew the

Page 5988

 1     majority of the people in Gacko but you didn't know Popovic before his

 2     appointment?

 3        A.   Popovic had lived in Foca.  I didn't know him.  After the

 4     elections, he was brought over from Foca to be what he was to be.  He had

 5     not lived in Gacko before.

 6             JUDGE HARHOFF:  [Microphone not activated] [Previous translation

 7     continues] ...

 8             MS. PIDWELL:

 9        Q.   Thank you, sir.

10             Sir, we've just talked about how the -- the SDS appointed these

11     two men into these positions.  Are you able to -- do you know if there

12     were any other Bosniaks who were replaced by Serbs in the municipality of

13     Gacko during -- in the pre-war period?

14        A.   They replaced Asim Faglagic [phoen], who was a doctor in the

15     hospital.  Izet Skoplj [phoen] in the school, in the primary school, and

16     there you go.

17        Q.   Do you recall the first time that -- when you saw armed forces

18     passing through Gacko?

19        A.   I don't remember the date.

20        Q.   That's all right.  Can you describe what you saw and what you

21     remember?

22        A.   I remember that I saw them passing and I -- and a relative of

23     mine were counting them.  350 tanks, and other vehicles went in the

24     direction of Mostar and further on towards Dubrovnik, and the rest

25     remained stationed on the hilltops around Gacko.

Page 5989

 1        Q.   And do you recall the general reaction of the Bosniaks in your

 2     community to this?

 3        A.   Bosniaks considered them an occupation army; whereas, the Serbs

 4     praised them and threw flowers on them.

 5        Q.   And can you describe if and how tensions between the two

 6     ethnicities developed after this?

 7        A.   For a while, we continued working together without any problems,

 8     until the moment some paramilitary formations came from Serbia.  They

 9     were billeted in the hotel and then the went around the Serb villages and

10     trained the Serb youth.  And that's how it all started.

11             And then Armin Boskovic and Nermin Grebovic-- or rather Zoran

12     Grebovic were killed.  And that's when tensions actually started.

13        Q.   Where were they killed?

14        A.   They were killed as they were driving potatoes to Sarajevo.  On

15     the way back, they were killed in a place called Cember.

16        Q.   If you can have a look once again, sir, at the map that you were

17     looking at before under tab 1, is the place that you described as Cember

18     on that map?

19        A.   Yes, yes, Cember is here.

20        Q.   And how far is that from the town of Gacko?

21        A.   About 15 to 20 kilometres, between 15 and 20 kilometres.  I don't

22     know exactly.

23        Q.   And what, if anything, did the Bosniak community do after these

24     two men were killed?

25        A.   There was a protest rally in the centre of Gacko.  There were

Page 5990

 1     Serbs who joined them as well and participated in that protest rally.

 2        Q.   And did the Serb authorities take any steps as a result of that

 3     protest?

 4        A.   They promised but they didn't deliver.  They knew who had killed

 5     them, but they did not take any steps.

 6        Q.   I want to ask you some questions now, sir, about events which

 7     took place in April and May of 1992.

 8             Did -- did Bosniak or Muslim businesses continue to operate

 9     during this time?

10        A.   I did not understand you.

11        Q.   I want to ask you some questions about events which took place

12     after -- or during and after April 1992.  And, in particular, whether

13     Bosniak businesses continued to operate or if anything happened to them.

14        A.   All the shops were torched or blown up, and people could not work

15     anymore.  Everything was over.

16        Q.   Did you continue going to work?

17        A.   I personally continued going to work, but those who worked in

18     town, to be honest, well, they did not go, or stopped going regularly.

19        Q.   And your place of work was --

20             JUDGE HALL:  Sorry, is the witness having some difficulty?

21             I don't know if the Court Officer is responding to my question.

22     But I can't hear her.

23             MS. PIDWELL:  I think she is but we can't hear her, sir.

24             THE INTERPRETER:  The interpreter believes that the witness asked

25     the Court Officer for a piece of paper and a pen to make notes.

Page 5991

 1             THE REGISTRAR: [Via videolink]  No, I apologise, Your Honours.

 2     Can you hear me now?

 3             JUDGE HALL:  [Previous translation continues] ... if that with a

 4     system in his testimony, we have no objection.

 5             She seems to be saying that that's not what --

 6             THE REGISTRAR: [Via videolink]  Can -- can you hear me at all,

 7     Your Honours?  No.

 8                           [Trial Chamber and Registrar confer]

 9             JUDGE HALL:  It appears that there's a technical problem and

10     we're going to have to rise until this is resolved.

11             I don't know if it is possible to ...

12                           [Trial Chamber and Registrar confer]

13             JUDGE HALL:  Yes.  I understand it should be resolved in five or

14     ten minutes.

15                           --- Break taken at 3.10 p.m.

16                           --- On resuming at 3.18 p.m.

17                           [Trial Chamber and Registrar confer]

18             MS. PIDWELL:

19        Q.   Are you able to hear me?

20             JUDGE HALL:  Yes.  Pardon me.

21             THE REGISTRAR: [Via videolink]  We can hear you.

22             JUDGE HALL:  Yes, please, please go ahead.  Please go ahead.

23             THE REGISTRAR: [Via videolink]  Your Honours, before we left

24     off -- addressing with regards to witness's request to look at a piece of

25     paper that he has in his pocket to remind his ...

Page 5992

 1             THE WITNESS: [Interpretation] Only because I have some dates on

 2     that piece of paper and they are relevant for my testimony.  They will

 3     help jog my memory about the dates, that piece of paper that I have.  And

 4     that's all.

 5                           [Trial Chamber confers]

 6             JUDGE HARHOFF:  [Microphone not activated]

 7             JUDGE HALL:  Do counsel have a view on this?  My -- I would

 8     have -- in terms of the practice and jurisprudence of the Tribunal,

 9     the -- my own experience, of course, is that the -- a witness can -- if

10     he has a document that he made himself, that he can use it to refresh his

11     memory but the other side has a right to inspect it which is a practical

12     problem in this regard.

13             Do counsel have a view on this, particularly the Defence?

14             MR. O'SULLIVAN:  We object to this, Your Honour.  He is called

15     viva voce.  A contemporaneous document made at times of the events is one

16     thing, but we see no basis for having this witness jot down notes if he

17     is testifying viva voce.  He is testifying from personal experience

18     apparently, so he shouldn't need this.

19             JUDGE HALL:  And that's probably standard.  But, of course, we

20     all remember the overriding rule that testimony is not an exercise in --

21     in memory is an exercise in truth-telling, and unless there is a --

22     particularly having regard to the length of time that would have elapsed,

23     if the witness -- I suppose questions could be asked as to the source of

24     the notes that he would have made, but the -- if before he came into

25     court he would have made notes to assist him -- his own notes to assist

Page 5993

 1     him in terms of dates, I -- I would be inclined to allow him to refer to

 2     them, provided, of course, he explains that they were his own notes that

 3     he was just replicating.

 4             Ms. Pidwell.

 5             MS. PIDWELL:  Your Honours, I'm happy to ask him numerous

 6     questions about the note.  And perhaps it could be MFI'd and brought back

 7     for the Defence to see it at the conclusion of his testimony or tendered

 8     so it could form part of the record if Your Honours are happy for him to

 9     refer to it.

10             I can ask him certainly when he made those notes and from what

11     source.

12             JUDGE HALL:  Yes, if he is permitted to use them I think it is

13     inevitable and unavoidable that they would have to be -- if not exhibited

14     certainly brought to the attention of the Defence for their examination

15     before they -- so that they can by some means or other ask questions

16     based on -- to test the authenticity of -- of those notes and accuracy of

17     those notes.

18             But the foundation question is that the Chamber must be satisfied

19     that they are the witness's own notes.

20             MS. PIDWELL:  I'll lead him through those questions with Your

21     Honours' leave.

22             JUDGE HALL:  Thank you.

23             MS. PIDWELL:

24        Q.   Mr. Basic, you have referred to some -- a piece of paper that you

25     have with you, or the Registrar has now.  Could you please, firstly, tell

Page 5994

 1     the Tribunal when you -- you made the notes that are contained on that

 2     paper?

 3        A.   I made those notes a long time ago.  They were in my pocket.  A

 4     long time ago, I made notes of the dates and the events.  And that's all.

 5     If the dates are very important, I can look them up on that piece of

 6     paper.  If the dates are not at all important, then I can't be bothered.

 7     I don't even have to look at the paper.

 8        Q.   When you say "a long time ago," sir, can you be a little bit more

 9     precise with when that was?

10        A.   I really wouldn't be able to tell you.  I don't know what

11     happened yesterday let alone about that paper, when I made those notes.

12             As things evolved and as things happened, I made notes.

13        Q.   And, sir, is that the note made from your own memory or from

14     another source?

15        A.   They are based on my own memory.  Because I also had a notebook

16     where I recorded all the dates and events.  They were like my diaries,

17     momento books.

18             MS. PIDWELL:  Your Honours, in the circumstances, I ask that he

19     be able to use that note to refresh his memory on the dates.

20                           [Trial Chamber confers]

21             JUDGE HALL:  The Chamber rules that the witness may be permitted

22     to use the document in question, as a means of refreshing his memory.

23             The -- we would have to devise a practical means to allow the

24     Defence to exercise its right to examine the document and ask questions

25     on it.

Page 5995

 1             Sorry, if that means tendering it formally which is unusual for

 2     refreshing memory documents that may be the route.

 3             MS. PIDWELL:

 4        Q.   Sir, you are able to use that piece of paper to assist you with

 5     the dates, if -- but when you do so, we will -- we will note down that

 6     are you using that document.  And at the end of your testimony, if you

 7     could give that to the Registrar, we will formally put it in the court

 8     record.

 9             Is that clear?

10             MR. O'SULLIVAN:  Your Honour, will we get this document before

11     cross-examination?  Which I believe is what you are indicating.

12             JUDGE HALL:  The Chamber would welcome assistance from counsel as

13     to what I call the practical means of putting the Defence in the position

14     to ask such questions as it is entitled to ask about this document.

15             MR. O'SULLIVAN:  Well, there are scanners and e-mail, there's

16     fax.  That's two viable options.

17             MS. PIDWELL:  We will endeavour ...

18                           [Trial Chamber and Registrar confer]

19             JUDGE HALL:  I -- I am advised by the Registry that one possible

20     means is that the Court Officer may send it to the Tribunal by fax during

21     the next break.

22             MS. PIDWELL:

23        Q.   Sir, do you recall when you stopped going to work in 1992?

24        A.   I don't remember.

25        Q.   Are you able to say whether you continued with your work

Page 5996

 1     throughout the course of the year, or did you stop at some stage?

 2        A.   I stopped at some stage, and I no longer worked at -- I stayed at

 3     home because people were being arrested, and I didn't go to work after

 4     that.

 5        Q.   Do you recall an incident at work which made you decide not to

 6     return?

 7        A.   I remember that I was late for work once, and my supervisor said

 8     to me that three armed reserve police officers had come looking for me.

 9     I knew one of -- he knew one of them.  That man's name was Dragan Bratic

10     [phoen] but he didn't know the two others.  That's when I decided not to

11     go to work anymore.  They had come to take me -- to bring me in for an

12     interview, but the people who were brought in for interviews were

13     actually locked up in a basement.

14        Q.   I want to show you a photo, sir, from the booklet that you have

15     in front of you.

16             MS. PIDWELL:  It's 65 ter 10254, and it's in tab 4 of the

17     booklet.

18        Q.   Do you recognise this building?

19        A.   This is the Terma Hotel at Gacko.  I know it.  Of course, I do.

20        Q.   And you've referred to a basement in your previous answer.  Was

21     this the -- the basement of this hotel that you were referring to?

22        A.   Yes, yes.  There was a bar, so-called bar in the hotel.

23     Actually, it wasn't just a basement ...

24        Q.   Did you ever go into that -- that bar or basement of the hotel?

25        A.   Yes, I was there two or three times with some buddies.  We went

Page 5997

 1     there.

 2        Q.   How do you know that people were detained there?

 3        A.   What do you mean, how do I know?

 4             Everybody knew about it because people were taken there and you

 5     couldn't go without noticing, without being noticed.  And later on, the

 6     wives went there to fetch their husbands.

 7        Q.   Do you know any people who were detained there?

 8        A.   Certainly.  I know every -- every single man in Gacko.

 9        Q.   And what was the ethnicity of the people who were detained there?

10        A.   They weren't Serbia; they were Bosniaks.  They were taken away

11     from their houses, from their workplaces, from the streets.  They would

12     catch people and take them away.

13             MS. PIDWELL:  I'd ask that that photograph be admitted and

14     marked, please.

15             JUDGE HALL:  Admitted and marked.

16             THE REGISTRAR:  Your Honours, that would be Exhibit Number

17     P00916.  Thank you, Your Honours.

18             MS. PIDWELL:

19        Q.   And just to assist the Trial Chamber, sir, how far away was this

20     hotel from the police station in Gacko?

21        A.   Some five -- 500 metres, less than a kilometre.  And if you --

22     you count from the centre of Gacko, it was about a kilometre.

23        Q.   While we've got the booklet in front of you, I'd ask that you

24     turn to tab 2, which is 65 ter number 10256, please.

25        A.   This is the police building in Gacko.

Page 5998

 1             MS. PIDWELL:  I ask that that be admitted and marked at this

 2     stage, please.

 3             JUDGE HALL:  Admitted and marked.

 4             THE REGISTRAR:  Exhibit Number P00917.  Thank you, Your Honours.

 5             MS. PIDWELL:

 6        Q.   And if you turn to the next tab, number 3, 65 ter 10257, you'll

 7     see another photograph.  This time it's taken from the air.

 8             MS. PIDWELL:  Just waiting for it -- yes.

 9        Q.   It is probably not a perspective you're familiar with, but are

10     you able to recognise any of the buildings in that photograph?

11        A.   I know some buildings.

12        Q.   Perhaps the court Registrar can assist the witness with a pen.

13     And if, sir, you're able to mark the buildings and name the buildings

14     that you recognise on that photograph, please.

15             THE INTERPRETER:  Interpreter's note:  Could Mrs. Registrar

16     please be asked to turn off the microphone while manipulating and turning

17     the pages.  Thank you very much.

18             THE WITNESS: [Interpretation] I think this is the police station.

19     I can't see a staircase.  Or maybe this is the police station.  I can't

20     really find my way in this photograph.  I know these buildings here.

21             MS. PIDWELL:

22        Q.   Sir, the buildings that you do know, if you could just name them,

23     please, and mark them with a 1 and a 2, if you can tell us what you're

24     referring to, please.

25        A.   This looks more like a grocery store to me.

Page 5999

 1             I have great trouble finding my way in this photograph.

 2        Q.   That's all right, sir.  We'll leave it at that.

 3             We can put the photo away now if -- if that's all right.

 4             Sir, are you able to tell us whether the SJB building in Gacko

 5     was in the centre of town or outside the centre of town?

 6        A.   It was almost in the centre.

 7        Q.   Just about to move ton another topic, Your Honours.  I'm not sure

 8     that we've had a break, whether we are going to take a break now or not?

 9             JUDGE HALL:  Well, in as much as the break was only about five

10     minutes, and I think for the convenience of the accused, persons who

11     would have been in court, I prefer to -- and also the background

12     mechanics, for want of a better word, it is better to stick to the

13     regular time.

14             So we will take the break now if this is a convenient point.

15                           --- Recess taken at 3.42 p.m.

16                           --- On resuming at 4.13 p.m.

17             JUDGE HALL:  Before you continue, Ms. Pidwell, I assume that

18     Defence counsel has in hand the faxed copy of the document the witness

19     used to refresh his memory.

20             MR. O'SULLIVAN:  Yes, Your Honour.  Thank you.

21             JUDGE HALL:  Thank you.

22             Yes, Ms. Pidwell.

23             MS. PIDWELL:

24        Q.   Mr. Basic, before we took the break, we heard your evidence that

25     you had stopped working in 1992.  And could you now tell us whether you

Page 6000

 1     stayed in your home at Basici for the rest of the year, in 1992.

 2        A.   No, I didn't stay at home.  I spent two or three months in the

 3     mountains, and then I went to Mostar.

 4        Q.   What happened -- what was the event that took place which forced

 5     you into the mountains?

 6        A.   The Yugoslav army drove us out with grenades.  And then the

 7     police, the reserve forces and the active forces, and whoever they found

 8     they killed so we had to flee because we were unarmed.

 9        Q.   Was your home affected by any bombing or shelling during this

10     time?

11        A.   Yes, I was at home when a shell hit my house and my house burnt

12     to the ground.  Everything was destroyed and all the entire village was

13     affected.

14             And then the reserve police forces and the regular police and

15     also the local Serbs came and whatever they found, they picked up, they

16     took with them, and everything else was burnt.

17        Q.   So after your home was hit by the shell, what did you do?

18        A.   When the shell hit my house, my entire family was there.  But

19     there were two concrete layers so the shell couldn't pierce them.  But I

20     took my entire family, including the children, and we took to the

21     mountains.

22        Q.   How did you get to the mountains?

23        A.   Well, it isn't far.  Our village was at the foot of the mountain.

24     It was by mere chance that we weren't hit by shells, because thousands of

25     shells landed there in those days.

Page 6001

 1        Q.   I'm assuming by your answer you -- you mean that you walked to

 2     the mountains with your family?

 3        A.   Yes, we walked.  It isn't far, you know.  It's -- it's only a --

 4     20 minutes walk and you're there.  Our village is right next to the

 5     mountains.

 6        Q.   And on this walk from your home to the mountains after your home

 7     had been shelled, what did you see around you?

 8        A.   Only smoke and fire, and there was nothing else to see.

 9     Everything was ablaze, the entire village.

10        Q.   Were there other people around at this time?

11        A.   There were people in the village, but everybody left the village

12     to go to Ljut, the mountain.

13        Q.   Did you see any soldiers or police at this time?

14        A.   Yes, later.  They were reserve police officers.  They wore blue

15     uniforms.  Later, we did go back to the village to look for food.  And

16     then we ...

17        Q.   When you say "later," do you mean later that day, or on a -- on a

18     separate day?

19        A.   On the following day when night had fallen.  But sometimes we did

20     go there in day-time too.  Because we spent two months in the mountains.

21        Q.   And when you saw the reserve police officers, were they -- where

22     were they?

23        A.   Well, you know, when the army -- the Uzice Corps had deployed

24     their guns and tanks on the hilltops around the village, once they had

25     stopped shelling, then they would loot the villages.  And what hadn't

Page 6002

 1     already been burned, they would burn on that occasion.  And if they found

 2     anybody alive, they would kill him.

 3        Q.   And, sir, when you say "they," who are you referring to?

 4        A.   I mean the army and the police.  Majo Kovacevic, for example, was

 5     a reserve police officer.  I saw him first.  He killed two sons of a

 6     Menzuovic [phoen] in my village.  And I saw him in police clothes.

 7        Q.   And can describe those police clothes for the Tribunal, please.

 8        A.   Well, I know the reserve police force.  I was an army reservist

 9     and the police had blueish uniforms.  Formally, they wore red stars, but,

10     at that time, they wore kokardes on Sajkaca hats.

11        Q.   Sir, I want to ask you to look at a document, please.  It's 65

12     ter 2394.  It is behind tab 8 in the documents you have in front of you.

13             This document is a list of employees, reserve police force for

14     April 1992 in Gacko.  And I want to know if you recognise any of the

15     names, the 75 names, that are on that list.

16             Perhaps if you could just tell us the number, if you read through

17     the list and recognise a name as a person that you know to have been in

18     the reserve police.

19        A.   Number 1, 4, 3, 2, 8, 9, 11, 12, 16, 17, 18, 19, 20.  Sreten

20     Vidakovic.  22, 21, 24, 27, 26, 28, 29, 35, 39, 43, 45, 49, 50, 51,

21     Miodrag Vilic.  52, 53, 55, 56, 57, 58, 59, 68, 69, 70, 71, 72, 73, and

22     75.

23             I know them all by sight, and -- but, by name, well ...

24        Q.   Thank you, sir.

25             MS. PIDWELL:  I ask that that document be admitted and marked.

Page 6003

 1             JUDGE HALL:  [Microphone not activated] Sorry.  These are names

 2     of persons he recognise as police officers.  Is something else -- just

 3     pause for a moment.

 4             Is there something else that you propose to do with this

 5     document?

 6             MS. PIDWELL:  Sir, this is a list of the reserve police officers

 7     for Gacko, and some of the names will become apparent later on in this

 8     witness's testimony as being participants of the events that will take

 9     place.

10             JUDGE HALL:  I see.  Admitted and marked.

11             THE REGISTRAR:  As Exhibit Number P00918.  Thank you, Your

12     Honours.

13             MS. PIDWELL:

14        Q.   Sir, if we can go back now to the -- to your story, the event

15     that took place when you went into the mountains.  How long did you stay

16     in the mountains?

17        A.   Two months.

18        Q.   And how many other Bosniaks were living with you in the mountains

19     during that time, approximately?

20        A.   Approximately -- about 5 or 600 women, children, and adults.

21             JUDGE HALL:  Sorry, I notice the witness is producing a piece of

22     paper.  Is this the same bit of paper that we would have had earlier?

23             MS. PIDWELL:  Yes, yes, the same, yes.

24        Q.   And did this group of 5 or 600 stay together in the mountains, or

25     did they break up at some stage?

Page 6004

 1        A.   We were in groups, you know, but we all knew of each other.  We

 2     knew all knew where everybody else was.  We kept to our separate groups,

 3     but we knew where each group was.  The mountain is huge, you know.

 4        Q.   Now I want to ask you to look at a document which is under

 5     tab number 11 in your binder.

 6             MS. PIDWELL:  It's 65 ter 2932.  Sorry, 65 ter 2649.

 7        Q.   Sir, do you recognise this document?

 8        A.   This is similar to the document that the Serbs sent us, inviting

 9     us to surrender, the women, the children, and all of us.

10        Q.   And when you say that the Serbs sent to you, was that while you

11     were in the mountains?

12        A.   I didn't understand you.

13        Q.   You said that you -- the Serbs sent you this document.  Did they

14     send it to you while you were in the mountains?

15        A.   Yes, yes.

16        Q.   And how did you --

17        A.   Yeah, yeah.

18        Q.   How did you receive it?

19        A.   A woman brought it to us.  She was Meho Zekic's wife.  She was

20     from the village of Crnice.  That was a mixed village inhabited by

21     Muslims and Serbs.  Her husband's best man, whose name was Pasinic, had

22     given her that letter to take us to.

23        Q.   And what was your understanding of what the Serbs were wanting

24     you to do at this time?

25        A.   They wanted us men to surrender, and we wouldn't do that.  We

Page 6005

 1     remained in the mountain.  The women and the children went to a place

 2     called Kotlina.  There were some buses there, they got on the buses, and

 3     they were taken to Perkovic-Stolac.

 4             MS. PIDWELL:  I ask that this document be admitted and marked.

 5             JUDGE HALL:  Admitted and marked.

 6             THE REGISTRAR:  As Exhibit P00919.  Thank you, Your Honours.

 7             MS. PIDWELL:

 8        Q.   So you told us that the women went to a place called Kotlina and

 9     were taken away on buses.

10             What did you do at that -- after they'd gone?

11        A.   We remained in the mountain until the moment we heard from them

12     that they had arrived in Stolac, and we heard that via radio connections

13     through ham radio operators.

14        Q.   Who remained in the group with you?

15             Who remained in the group with you?

16        A.   I didn't understand you.

17        Q.   After the women and children had left the mountain and

18     surrendered and been taken away on buses, you said that you and others

19     stayed in the mountains.  You remained in a group of people.  And do you

20     recall who was in that group with you?

21        A.   All of us.  All of us able-bodied.  What do you mean who was with

22     us?  What do you mean?

23        Q.   Can you name the people who were -- stayed with you in the group?

24        A.   All from Fazlagica Kula and [indiscernible].  Everybody between

25     the ages of 20 and 70, everybody remained in the mountain.  Over 300 of

Page 6006

 1     us stayed there.

 2        Q.   Am I right in understanding there were just men?

 3        A.   A few younger women.  But not many; three, four, maybe.

 4        Q.   And did this group of 300 break up at some stage?

 5        A.   All of us together went to Trnovo and from Trnovo we dispersed

 6     and went in the direction of Mostar.

 7        Q.   How big was the group of you that went in the direction of

 8     Mostar?

 9        A.   Certain groups of five to six went in the direction of Stolac.

10     Some went across Zelengora, and the group where I was, the whole group

11     consisted of over 250 people.

12        Q.   Did you get to -- to Mostar?

13        A.   We arrived in Mostar and stayed there almost until the moment the

14     war was over.

15        Q.   At some stage did you encounter the -- some armed forces, the

16     Serbian-Montenegrin army?

17        A.   Not on the way there.

18        Q.   Could you please tell us when you encountered them and the

19     circumstances.

20        A.   Well, I'm telling you, we did not encounter the Serb troops,

21     because we took a road across mountains and we hid.  We wanted to avoid

22     being seen by anybody.

23        Q.   Can you describe for us, sir, the circumstances of your arrest.

24        A.   Before that group, I set off in the direction of Stolac and as I

25     descended into Berkovici we had walked to Berkovici, we descended into

Page 6007

 1     Berkovici, and we were met by the Serb and Serb -- Montenegrin army.  We

 2     were surrounded but them, and we surrendered.

 3        Q.   How many of you at that time?

 4             THE INTERPRETER:  Could the witness please repeat.

 5        A.   There were a total of ten of us.

 6             THE INTERPRETER:  Could the witness please repeat the figure.

 7             MS. PIDWELL:

 8        Q.   Sir, how many of you were in that group at that time?  The

 9     interpreter didn't quite catch your answer.

10        A.   There were ten of us men and one woman.

11        Q.   Are you able to recall their names?

12        A.   You mean those men who were with me?  Of course, I can.  They

13     were all my relatives.  I am going to rank them by age.  Dzafer Basic,

14     Smajo Basic, Basic Edhem, Asim Basic, Nazif Basic, Ejub Basic, Elmir

15     Basic, Husnija Basic, and Sutko Civic, and Muvedeta Civic, Asmajia's

16     wife, so her married name was Basic.

17        Q.   Were any of the people that you have just named under the age of

18     18?

19        A.   Three.  Husnija, Elvir, and Sulejman.  They were under 15, I

20     believe.

21        Q.   You've told us that you were with this group and you became

22     surrounded and that you surrendered.  Were you all -- did you all

23     surrender?

24        A.   The Serb line was there.  They were on both sides of the road.

25     When we walked down there, they started shooting at us and yelled that we

Page 6008

 1     should surrender, and so we did.

 2        Q.   So what happened to you after you surrendered?

 3        A.   Once we surrendered, we waited for a while in front of the house

 4     where their officers were lying, and we had to wait for the changing of

 5     the shifts, and they put us on a bus and drove us to some abandoned

 6     school at Dabar which is some two kilometres away from Berkovici.

 7        Q.   And when you say "they," who are you referring to?

 8        A.   I didn't understand.

 9        Q.   In your answer, you said "they put us on a bus and drove us to

10     the school at Dabar."

11             Who were you referring to; who put you on the bus?

12        A.   Those soldiers that were holding that line who took us prisoner.

13     And one group of them was going on home leave, and another group was

14     arriving to replace them.

15        Q.   Before you got to the school at Dabar, were you taken anywhere

16     else?

17        A.   First, they questioned me in the police station.  There was a

18     police officer, probably the commander, well, he was kind of fair.  But,

19     later, we were mistreated in that school.

20        Q.   Which police station were you taken to?

21        A.   At Berkovici.  And our IDs were taken away from us, and our

22     money, whoever had money.

23        Q.   How long did you remain in the school in Dabar?

24        A.   We stayed two days and two nights at the school in Dabar.  Until

25     Ramo Sudzum with his police officers came to fetch us with the -- with a

Page 6009

 1     small bus of that catering company driven by a man called Supic, and

 2     Radmilo came with five or six reserve police officers and took us to

 3     Gacko.

 4        Q.   Are you able to recall the names of any of the reserve police

 5     officers who took you to Gacko?

 6        A.   Of course.  I remember Ramo Radmilo Sudzum.  He was a kind of

 7     commander of that station.  There was also Slobo Todorovic and Bosko

 8     Starovic, and one police officer from Konjic; I don't know his name.  He

 9     was a refugee from Konjic in Gacko and then he was a police officer in

10     Konjic and Gacko.  I don't know his name.

11        Q.   And did you go straight to Gacko, or was the van stopped on the

12     way?

13        A.   We -- when we arrived at Koricka Jama they were the two brothers,

14     Samardzic, Zeljko and Nedjo.  They stopped the van and they were wearing

15     military uniforms and they had beards and kokardes.  And Ramo said to us,

16     "Be quiet because these people are crazy, don't say a thing otherwise

17     they will kill you," and Popic ordered us to bring them to Gacko alive

18     because we need them.  That's what he said to them.  And then they let us

19     through.

20        Q.   And did you know who these two Samardzic brothers were?

21        A.   Of course, I did.  Nedjo Samardzic, and his brother Zeljko.  They

22     also had a third brother who had died earlier.  They were from Slana;

23     that's a village in the direction of Bileca.

24        Q.   What was their reputation?

25        A.   What?  They ... they were shepherds.  They had their livestock in

Page 6010

 1     the mountains.  And they -- some Serb killed their brother and then the

 2     newspapers wrote about ...

 3             THE INTERPRETER:  Could the witness please be made to repeat.  We

 4     didn't catch the last part of his answer.

 5             MS. PIDWELL:

 6        Q.   Sir, the interpreters didn't catch the last part of your answer.

 7             You were telling us how a Serb had killed their brother, and --

 8     and then the newspapers wrote about it.

 9        A.   They were sitting in a pub, they and a Serb, and they got drunk

10     and one man got hit on his head with a bottle and died.  And later on,

11     they caught him in Bileca and cut his head off and kicked his head around

12     Bileca.  And they had been imprisoned, I don't know for how long in Foca.

13        Q.   Do you recall approximately what time of day it was when you

14     arrived in Gacko?

15        A.   I think it may have been around 12.00 or 1.00.  At night.

16        Q.   And whereabouts in Gacko were you taken?

17        A.   We were taken to the police station, and we found 200 persons

18     there, women, children, men, soldiers.  Then we were driven out of the

19     bus.  And everybody was beating us, until we were locked up in that cell,

20     in the -- in the prison of the SUP.

21        Q.   So when you entered the police station at Gacko, did you see any

22     police officers there?

23        A.   No, we didn't.  Apart from this one man who was guarding the

24     prison, the duty officer.

25        Q.   So who put you in the police cell?

Page 6011

 1        A.   The ones that had brought us there, Ramo Sudzum and Slobo

 2     Todorovic and those guys.  And they handed us over to the duty officer,

 3     and he locked us up in that cell inside the prison.

 4        Q.   How many of your group were in the cell with you?

 5        A.   There was Smaja with me, his wife, his son, and his

 6     brother-in-law, as well as myself.

 7        Q.   Do you know where the other members of the group were taken?

 8        A.   There were two cells.  The size was two metres by three.  And

 9     there were those wooden cots, and we sat on them.

10        Q.   Besides the wooden cots, was there anything else in the cell?

11        A.   Yes.  We found uniforms, some overcoats and jackets, and some

12     bags that belonged to some of our acquaintances.

13        Q.   Do you recall the names of those acquaintances?

14        A.   Of course, I do, they are my relatives.  We found the jacket of

15     Dervo Zulovic who was a police officer.  His brother, Sevro [phoen]

16     Zulovic and another, Fehim Zulovic, who was an engineer at the thermal

17     power plant.  There was Bekim Karajlo and Serif, and we found some maps

18     in the bag and some cigarettes.

19        Q.   During the time that you were detained in the SJB building in

20     Gacko, were you given any food or water?

21        A.   No way.  We couldn't even step outside.  We even had to relieve

22     ourselves there.  Food and water?  Oh, come on.  Only one policeman,

23     Mirko Koprivica, who was a duty officer, gave us a can of -- a can of

24     meat, some canned meat and some bread.  And that was all the food that we

25     got for five or six days.

Page 6012

 1        Q.   What happened the following morning?  You arrived at the SJB

 2     building at approximately midnight.  Can you tell us what happened in the

 3     morning?

 4        A.   In the morning, once we heard that the employees and the police

 5     were coming, we were locked up inside, I didn't see who it was, but we

 6     heard a noise.

 7        Q.   Did someone come to your -- to your cell?

 8        A.   Yes, later.  Slobo Todorovic and Bosko Starovic and Vlatko

 9     Doderovic they took us out one by one to be interrogated by Popic.

10        Q.   Where was Popic's office?

11        A.   Popic's office was upstairs.

12        Q.   Were you interrogated there?

13        A.   Yes.  I was interrogated and beaten upstairs.  They brought me

14     some -- some paper to sign, but I didn't want to, and I was bloody all

15     over.

16        Q.   Do you recall who beat you?

17        A.   Slobo Todorovic, Vlatko Doderovic and Bosko Starovic beat me.

18     They tied me to a chair and beat me.

19        Q.   And what kind of questions were they asking you?

20        A.   They were only saying, Alija doesn't want you.  But they -- these

21     were mostly the words they used.  Now be happy with Alija; Alija doesn't

22     want you, and the like.

23        Q.   Were you beaten on one occasion or -- or more than one occasion?

24        A.   I was beaten several times.  But that's when they beat me worse,

25     when I didn't want to sign.  And I saw that they were stating some

Page 6013

 1     untruths that I had killed, I don't know how many Serbs, and raped, I

 2     don't know how many women, and I didn't want to sign that.  And that's

 3     when they beat me most.  But I was taken out five or six times to be

 4     beaten.

 5        Q.   And during your detention there in the Gacko SJB, did -- were the

 6     other members of your cell taken out as well?

 7        A.   I don't understand.

 8        Q.   Did any of the other people in your group, were they interrogated

 9     as well?

10        A.   Yes.  Everybody was interrogated.  Everybody was taken out, one

11     by one, beaten up badly, and then the person would be taken to Popic.

12        Q.   Were you taken to Popic?

13        A.   Yes.  Well, I said that I was taken to Popic's office.  They tied

14     me to a chair there, and they beat me there.  Slobo and Vlatko and Bosko

15     Starovic.

16        Q.   Was Popic present while you were being beaten?

17        A.   He was sitting in his office.  The door was open, and I was

18     beaten in the hallway.  They were beating me until Predrag Koprivica

19     arrived and said I was -- I -- I'm coming from the hotel, and there's

20     screaming and crying there.  The Red Cross is coming, so be careful.

21     Take him to the cell so he can wash because I was all black and blue.

22        Q.   During your detention at Gacko at this time, did you ever see the

23     chief, Popovic, there?

24        A.   No.  I saw him only when I escaped, before they shot me.  I saw

25     him when he was dumping the dead bodies in the canal.

Page 6014

 1        Q.   We'll get to that in a minute, sir.

 2             How many days were you detained at the SJB building?

 3        A.   Four or five days.

 4        Q.   And did it come about --

 5        A.   I don't know.  It was dark down there all the time, so you don't

 6     know if it's day-time or night-time.

 7        Q.   How did it come about that you left the SJB building?

 8        A.   Where?

 9        Q.   How were you released from the SJB building?

10        A.   Well, I wasn't released.  They put us on a military truck and

11     took us to Kotlina which was in the middle of a field, and we were

12     executed there, and I escaped.

13        Q.   Before you were -- before you were put on a military truck, was

14     somebody interrogated that day?

15        A.   On that day, they came -- yes, well, there were interrogations

16     every day.  The last one was Smajo's wife, and she said that those two

17     assholes, the Samardzics, had beaten her up, and she heard them saying,

18     "Kill those Turks," and "kick this Bula in the ass," so ...

19        Q.   Just to clarify, sir, who did she hear saying that?

20        A.   Vitomir Popic, the police commander.  He was the Alpha and Omega

21     of everything.  The same as Karadzic was in the Republika Srpska, Popic

22     was the same thing in this region.

23        Q.   All right.  You told us that you were put on a military truck

24     from the police station.  Could you describe how you left the building

25     and how you were put on the trucks?

Page 6015

 1        A.   Yes.  They tied us up with strings and drove us on that truck

 2     like cattle.  And before that, I inquired about Mirko Koprivica, because

 3     I knew him, about the whereabouts of some people.  And he replied to me,

 4     "Dear Asa, whoever came here never saw the light of day again."  I don't

 5     know where they are.

 6        Q.   Who tied you up with string?

 7        A.   The two Samardzic brothers and Slobodan Todorovic and the ones

 8     that drove us down and executed us.  And that police officer from Konjic

 9     too.

10        Q.   Was anyone outside the police station as you left?

11        A.   Yes.  There was, again, this line of women, children, and men

12     beating us with sticks and metal rods.

13             It was the same kind of gauntlet that was there waiting for us

14     when we arrived in the middle of the night, all the way from the truck to

15     the prison.

16        Q.   Approximately how long were you in these vehicles, or this

17     vehicle, for before it stopped?

18        A.   Well, the distance was about 3 kilometres.  First, they drove us

19     around Gacko, and then headed to Kula, and then onto Kotlina over a

20     bridge.

21        Q.   I'm going to ask you to look at a document that's in the binder,

22     behind tab 7.

23             MS. PIDWELL:  It's 65 ter 10253.  Sorry --

24        Q.   Once again, it's a perspective you will not be familiar with

25     because it is taken from the air.  But if could you just have a look at

Page 6016

 1     that photograph, sir, and tell us whether you're able to assist us with

 2     what it is.

 3        A.   This is the road toward Kula.  To the left there's an

 4     Gatacko Polje.  And here's the road to -- to Kula.  And then you can see

 5     Gacko.

 6        Q.   So am I right in saying that the town at the top of the photo is

 7     the town of Gacko?

 8        A.   Well, that's what I said.  It's Gacko.

 9        Q.   And the -- the white road that we see in the centre of the

10     photograph, is that what you're referring to as the road towards Kula?

11        A.   Well, that's what I meant when I said the road to Kula.

12        Q.   Are you able to see on that photo where the trucks stopped?

13        A.   I think it's hereabouts.  Where there is the brook.

14        Q.   Perhaps the -- perhaps you could mark the photograph, sir, with a

15     number 1 where the truck stopped.

16        A.   [Marks]

17        Q.   Thank you.

18             MS. PIDWELL:  I'd like to tender that as an exhibit.

19             JUDGE HALL:  Admitted and marked.

20             THE REGISTRAR:  As Exhibit Number P00920.  Thank you, Your

21     Honours.

22                           [Prosecution counsel confer]

23             THE REGISTRAR: [Via videolink] If I may, Your Honour, this is

24     just -- the witness is just explaining to me that what he --

25             MS. PIDWELL:  [Previous translation continues] ... I'm not sure

Page 6017

 1     whether the Registrar is trying to say something.

 2             JUDGE HALL:  Please go ahead.

 3             THE REGISTRAR: [Via videolink]  Can you hear me?

 4             JUDGE HALL:  Yes, please continue.

 5             THE REGISTRAR: [Via videolink]  Yes, Your Honours, the witness is

 6     just explaining to me ... different location, so ...

 7             JUDGE HARHOFF:  Madam Registrar, please keep the microphone close

 8     to you because we didn't hear what you were saying.

 9             THE REGISTRAR: [Via videolink]  Your Honours, I was saying the

10     witness just marked with number 1 which ... the picture.  He's just

11     explaining to me the location he was supposed to mark is a bit on the

12     right of what he actually marked so he was saying that he marked the

13     wrong spot.

14                           [Trial Chamber confers]

15             JUDGE HALL:  Did you hear Judge Harhoff?  Please ask him to put a

16     2 where he wishes to -- in what he regards as the correct spot.

17             THE WITNESS:  [Marks]

18             THE REGISTRAR: [Via videolink]  The witness has marked it with a

19     number 2, Your Honours.

20             JUDGE HALL:  Thank you.

21             MR. O'SULLIVAN:  Your Honour, can the -- can the picture be held

22     up at least so we can see where the numbers have been put, please.

23             JUDGE HALL:  I trust, Mr. O'Sullivan, you can make it out because

24     I can't.

25             JUDGE HARHOFF:  [Microphone not activated]

Page 6018

 1             JUDGE HALL:  Thank you.

 2             MS. PIDWELL:

 3        Q.   Sir, can you tell us what happened when the vehicle stopped?

 4        A.   When the vehicle stopped, they chased us out of the trucks and

 5     sent us towards the bridge so that when they killed us, we could fall

 6     into the river.

 7             We all stayed on the bridge.  The bodies did not fall until the

 8     moment Popovic and the rest of them came and threw the bodies down into

 9     the river.

10        Q.   So who asked you to get out of the trucks?

11        A.   Professor Dragan Razetic [as interpreted] he was in charge and in

12     command of the shooting.  He didn't have a rifle.  He only had a pistol.

13        Q.   Who else was there besides the other members of your group who

14     had come from the SJB building?

15        A.   Slobodan Todorovic, the policeman from Konjic, and two Samardzics

16     brothers, Nedjo and Zoran, and there was also Ramo Sudzum, Ramilo.  And

17     also Vlatko Doderovic was there.

18        Q.   So you were asked to get out of the trucks and then what are you

19     told to do?

20        A.   He told to us line up at the end of the bridge by the abutment.

21     And we did.  I was looking down.  I didn't dare look straight into their

22     eyes.  I saw them lined up holding the rifles, the ones I just mentioned.

23     We were standing there, and then he shouted the order, Fire.  This

24     professor, Dragan Rasatic.

25        Q.   And what happened when he said the words "fire."

Page 6019

 1        A.   They fired.  A bullet hit me.  I fell down, but I was hit in the

 2     arm.  I looked around.  Everybody was lying on the ground.  And then two

 3     lads Sutko and Ervin started running.  They chased them and only Lazetic

 4     stayed, and he took a pistol and shot everybody in the head.  And then he

 5     came to me and herded around and shouted after them, "Chase them, chase

 6     them, they're wounded, they can't go long." And then he said that he had

 7     only one bullet left in the pistol, and then I decided that it was an

 8     opportunity for me to run, because if he fired the shot and missed me I

 9     was stronger than him physically.  I could fight him, and that's when I

10     decided to run.

11        Q.   You -- you've told us that you were -- you were wounded at this

12     time.  How many --

13        A.   Yes, in the arm and in the stomach.  But none of the organs were

14     damaged.  I was only slightly wounded.

15        Q.   Were you able to see what had happened to the members of your

16     group who were beside you?

17        A.   As I started running towards Gela Ljut [phoen], everything was

18     flatter, up to the Gela Ljut.  There are some other places, Sipovo,

19     Lijeska and other hamlets.  I hid there while they were chasing me and

20     running after me, and then when they saw that I had escaped to that place

21     Ljut, they returned.  They came there to [indiscernible] lads came and

22     took my -- me to their house from which they had been observing the whole

23     situation.  And then Dzevad Dzankovic took binoculars and then he said --

24     here, you can see that a car -- a Lada came to the scene.  I believe that

25     it is a police car.  And they saw that the two lads had escaped, maybe 3

Page 6020

 1     kilometres away they were by then.  And they saw that the two of them had

 2     escaped, that I had escaped, and then they took everybody else and threw

 3     them in the water and then they threw a grenade into the water.  They sat

 4     into the car and returned towards Gacko.

 5             JUDGE HALL:  Ms. Pidwell, this is the time for the break.

 6             MS. PIDWELL:  Certainly, sir.

 7                           --- Recess taken at 5.24 p.m.

 8                           --- On resuming at 5.50 p.m.

 9             JUDGE HALL:  Yes, Ms. Pidwell, please continue.

10             MS. PIDWELL:  Thank you.

11        Q.   Mr. Basic, before the break, you were telling us of -- of how you

12     had -- of events that took place after the shooting on the bridge.

13             I just want to take you back and ask you a few more details about

14     what happened on the bridge on this day.

15        A.   I can't hear a thing.

16        Q.   I'm sorry, can you hear me now?  Are you able to hear me through

17     the speakers now?

18        A.   Not really.

19        Q.   I'll ask the question again, and please let me know if you are

20     able to answer it.

21             I want to take you back to the events on the bridge that day that

22     we were talking about before the break.  Are you able to hear me, sir?

23             THE REGISTRAR: [Via videolink] ... give us two minutes ...

24             THE WITNESS: [Interpretation] I know that you're saying

25     something, but I don't understand a thing.

Page 6021

 1             MS. PIDWELL:

 2        Q.   You are able to understand me now, sir?

 3             Mr. Basic, can you hear my voice?

 4        A.   Can you speak up?  I can't really hear you.

 5        Q.   Okay.  I'll ask the interpreters to speak up maybe.

 6             I'll ask another question, and we'll see if that -- if we can

 7     progress.

 8        A.   Now I can hear you.

 9        Q.   I want to ask you a few more details about what happened on the

10     bridge at Kotlina.

11        A.   Okay.  Go on, ask me.

12        Q.   You have told us that you were -- that your arms were bound by

13     rope or string but -- when you left the police station.  Were they still

14     bound when you were standing on the bridge?

15        A.   When I fell down, then the string broke.  After that, my hands

16     were untied.

17        Q.   Were the other members of your group also bound in the same

18     manner?

19        A.   Yes, yes, everybody was the same.

20        Q.   And after you were shot and fell to the ground, were you able to

21     see what happened to the members of your group who were beside you?

22        A.   I saw them lying on the ground covered in blood, and there was a

23     lot of blood [indiscernible] flowing down the bridge, and people were

24     drenched in blood.  There was a lot of a blood and they were all lying.

25     Only the two that I mentioned, the two lads, started running to a

Page 6022

 1     different side in the direction of the thermal power plant.

 2        Q.   And you've told us that you stood up -- were able to stand up and

 3     start running.  Was anyone else besides the two lads able to do that as

 4     well?

 5        A.   Yes, yes, yes.  The two lads Sutko and Elvir, they did that and

 6     they ran.  I don't know about the others whether they were able to do

 7     that or not.  But they were all seriously wounded.  But, you know, let me

 8     tell you.  Even -- even if they hadn't been shot, they had been so

 9     heavily beaten in the prison that they would not have survived any way.

10     For example, Smajo had been so heavily beaten up that if he hadn't died

11     after the shooting, he would have died anyway.

12        Q.   Do you know if any of the members of your group besides the two

13     lads and yourself survived the shootings that day?

14        A.   Yes, a relative of mine.  A relative of mine who is now in

15     Australia.  He lives there.  He is alive.  He -- a bullet went through

16     here and came out through his mouth, but he survived.  And is he now in

17     Australia.  He has a wife and two kids.

18        Q.   Could you describe to us how -- how it came about that you were

19     able to -- to escape from this -- this bridge when you were wounded?

20        A.   I was on the ground.  I lifted my head, and I tried to support

21     myself on the one leg and one arm, and I realised that I hadn't been that

22     heavily wounded.  And the professor was ordering the others to chase

23     after Elvir and Sutko.  They can't go long, and the answer to that was,

24     so why don't you do it yourself?  You're younger and you're faster.  And

25     he answered, I can't do it.  I only have one bullet left in the pistol.

Page 6023

 1     I heard him say that, and that's when I started running.  I actually

 2     realised that I could perhaps escape because with that one bullet in the

 3     pistol, maybe he would miss me, and if he missed me, and if he attacked

 4     me physically, I was still stronger than him, and I'm sure I could

 5     overpower him, and that's when I started running.

 6        Q.   Can you tell us, please, what happened when you -- when you met

 7     the two men who assisted you?

 8        A.   I was in a rockery among some rocks, and there was some branches

 9     covering that hole, that's where I hid, and they couldn't find me there.

10     And then I saw two men on an opening just about low me.  They started

11     calling out some names, and the Chetniks, when they were clearing the

12     mountain, they were calling Muharan and when those men surrendered, they

13     took them away and killed them.

14             I could not see the top of their bodies and their heads, I could

15     only see their trousers.  I couldn't see what was -- what the Chetniks

16     were wearing.  I didn't see them.  I don't know whether they were wearing

17     uniforms or civilian clothes.  And the other two, they were wearing jeans

18     and then I realised they were not Chetniks, and I told them, Don't stand

19     here, run.  And they told me, Don't be afraid, they had left.  They took

20     me to their house.  There were some other people there.  They give me

21     some food, and they took me to Dr. Habul, and he gave me some IV and

22     something else.  He dressed my wounds on the arm.  Fortunately enough the

23     bone was intact and so on and so forth.  And then I said to the lads, I

24     asked them to go up to the mountains to my folks to tell them what --

25     what had happened, to talk to my relatives.  They went that night.  They

Page 6024

 1     found some dead bodies, but they did not find Nazif, who is in Australia

 2     today.  As the night fell Nazif was lying, pretending he was dead, and

 3     when the night fell he ran and arrived at his village, he arrived at his

 4     house and then my relatives found him there.

 5        Q.   You also told us just before the break about seeing a vehicle at

 6     the -- at the site of the shooting later that night.  Could you tell us,

 7     please, where you were when you saw this vehicle?

 8        A.   I was by the houses from which I could see the entire valley.

 9     There were a lot of people, Zarkovic [phoen] -- there with a pair of good

10     Russian binoculars, and he was looking through the binoculars, and he

11     says, There's the chief of the SUP Popovic, and somebody else.  The three

12     of them are throwing Smajo and others into the river.  And then we could

13     see when they threw the grenade into the water.

14             Once they had thrown the bodies into the water, they topped the

15     bodies up with the grenade to make sure that none of them remained alive.

16        Q.   Thank you, Mr. Basic.

17             MS. PIDWELL:  I have no further questions.

18             JUDGE DELVOIE:  Ms. Pidwell, there is one --

19             THE WITNESS: [Interpretation] Not at all, not at all.  My

20     pleasure.

21             JUDGE DELVOIE:  There is one document that you showed the witness

22     and you didn't tender.  Was that on purpose?  That was step number 3, the

23     SJB -- no, yes, SJB building in Gacko.

24             10257.

25             MS. PIDWELL:  Yes, that was the aerial photo I think of Gacko

Page 6025

 1     which the witness struggled with so --

 2             JUDGE DELVOIE:  All right.  Thank you.

 3             JUDGE HARHOFF:  Mr. Basic, can I just put a question to you in

 4     clarification of the Prosecutor's examination-in-chief?

 5             My question is, the reference that you have made to the chief of

 6     the execution squad on the bridge, and you referred to him as a

 7     professor, Dragan Razetic.  And my question to you is:

 8             THE WITNESS: [Interpretation] Yes, Dragan Razetic, professor.

 9     Not Razetic, Lazetic, L, Lazetic.

10             JUDGE HARHOFF:  Thank you very much.

11             THE WITNESS: [Interpretation] Dragan Lazetic was his name.

12             JUDGE HARHOFF:  What was he a professor in, and what was a

13     professor doing --

14             THE WITNESS: [No interpretation]

15             JUDGE HARHOFF:  -- as a chief of an execution squad?  Was he a

16     member of the reserve police force, or what was his function there?

17             THE WITNESS: [Interpretation] Yes, he was a reserve policeman.

18     But teachers and children of the Second World War veterans were the

19     biggest criminals.  They wanted to prove their worth.

20             JUDGE HARHOFF:  So Mr. Lazetic, we understand, was normally a

21     teacher in history, but was then drafted --

22             THE WITNESS: [Interpretation] Yes, yes.

23             JUDGE HARHOFF:  -- because he was also a member of the reserve

24     police.  And had then been put in charge of the execution squad who took

25     you out to the bridge in order to execute you.

Page 6026

 1             Is that how we are to understand your testimony?

 2             THE WITNESS: [Interpretation] That I believe that was the case.

 3     But he had to.  I don't know whether he had to or whether he just wanted

 4     to prove him as the great Serbian and a great Chetnik.  He had to commit

 5     crimes in order to reap rewards later.

 6             JUDGE HARHOFF:  Did he wear a uniform when he was acting as the

 7     head of the execution squad?

 8             THE WITNESS: [Interpretation] On that day he didn't wear a

 9     uniform.  Some did.  Some didn't.  They looked very colourful.  Some wore

10     uniforms, some didn't.  But I had seen him before as a reserve policeman

11     on the strength of the reserve police.

12             JUDGE HARHOFF:  Thank you, sir.

13             JUDGE HALL:  Yes, Mr. O'Sullivan.

14             MR. O'SULLIVAN:  Thank you, Your Honour.

15                           Cross-examination by Mr. O'Sullivan:

16        Q.   Good evening, sir.  Can you hear me?  Or should the interpreters

17     speak louder?

18        A.   Yeah, I can hear you.  Yes.

19        Q.   All right.  Let me ask you to focus on the 19th of June, 1992 in

20     your village.  That's when the fighting broke out in your village, okay?

21     19th of June, 1992.

22             Do you recall that -- those events?

23             Does that date approximately sound right to you?  That's before

24     you went up to the mountain.

25        A.   Well, it corresponds to something.

Page 6027

 1        Q.   Yes.

 2        A.   Yes.

 3        Q.   Now, isn't that correct that on --

 4        A.   When we went to the mountains, that was ...

 5        Q.   That was around the 19th or 20th of June, 1992; correct?

 6     Approximately.  Does that sound right to you?

 7        A.   Yes, correct.  Correct.

 8        Q.   Thank you.  Isn't it correct also that, on the evening before you

 9     went up to the mountain, one evening, an army ambulance arrived several

10     times in the vicinity of your village and drove injured soldiers away,

11     soldiers who had been injured during the fighting?

12        A.   No, no.  That was when -- on the day of the attack.

13        Q.   Right.  And that evening, the army came and collected its injured

14     soldiers; correct?

15        A.   When the village was attacked.

16        Q.   Right.  So these soldiers were injured during the fighting; is

17     that right?

18             JUDGE HALL:  Mr. O'Sullivan, I think you and the witness are

19     overlapping.

20             MR. O'SULLIVAN:  I'm sorry.

21             THE WITNESS: [Interpretation] Yes.  They -- there were some

22     wounded soldiers, but mostly they used that vehicle to transport the

23     things they had looted in the village.

24             MR. O'SULLIVAN:

25        Q.   Well, could I remind you -- and for the record, it is 1D030799.

Page 6028

 1     Sir, you were interviewed -- sir, you don't need the document right now.

 2     But I remind you that you were interviewed by the Office of the

 3     Prosecutor on 25th of January, 2008.  And at paragraph 22 of that

 4     statement, you said the army came to collect its wounded soldiers.

 5             Does that sound right to you?

 6        A.   Yes, that is correct.

 7        Q.   And there's no --

 8        A.   But I think there were wounded soldiers but mostly they used that

 9     ambulance to transport the loot.

10        Q.   Now when you spoke --

11        A.   They -- I'm -- I'm not sure what exactly that was.  Some people

12     say they transported injured soldiers; others that they transported the

13     loot.

14        Q.   So you're not speaking from personal knowledge; is that right?

15     Because all you talked about was transporting injured -- wounded

16     soldiers --

17        A.   Yes, yes.

18        Q.    -- from fighting.

19        A.   Yes, that's what we found out that there was some wounded

20     soldiers and that they were transported.  But, later on, some people said

21     that for the most part, they transported their loot.

22        Q.   But in your statement, you say that you could see injured

23     soldiers.  You don't mention loot, do you?  Isn't that right?

24        A.   Well, I don't remember saying that I saw wounded soldiers.

25             MS. PIDWELL:  [Previous translation continues] ...

Page 6029

 1        A.   I only saw vehicles coming to the village about a dozen times,

 2     and there was a weekend house on Glavica.  And that's where they also

 3     went, and that's how it was.

 4             MR. O'SULLIVAN:

 5        Q.   Fine.  Can I ask the usher to provide you with a copy of your

 6     statement then.  That's 1D03-0799.

 7             In fact, could the usher put both the English original and the

 8     B/C/S translation in front of the witness.

 9             Sir, do have you both an English original of your statement and a

10     translated copy into your language in front of you?

11        A.   Yes, I do.

12        Q.   All right.  Well, you -- I take it you don't speak English; is

13     that correct?

14        A.   I don't speak English; only Bosnian.

15        Q.   Very well.  Could you turn to paragraph 22 of your statement.

16             Do you have paragraph 22 in front of you?

17        A.   Yes, I do.

18        Q.   I'll read it to you.  It says:  "The Serbian and Montenegrin

19     soldiers withdrew from the village at dusk.  I could see an ambulance

20     arriving several times into the vicinity of the village and driving the

21     Serbian and Montenegrin soldiers away."

22             Now, that's what happened, isn't it?

23        A.   I saw the vehicles, but what they transported -- yeah, there were

24     soldiers.  I know that some were injured because people were talking.

25        Q.   Thank you.  When you were up on Mount Ljut - I want you to direct

Page 6030

 1     your attention to that, please - on Mount Ljut, you had weapons and you

 2     put up resistance, didn't you?

 3        A.   We had hunting rifles.

 4        Q.   And you set up a camp and tents; correct?

 5        A.   And there were two rifles and some reserve police officers of

 6     Bosniak ethnicity.

 7             What did you say?

 8        Q.   Yes, I'm sorry, I will be more patient and wait for you to

 9     finish.  My apologies.

10             You set up a camp and tents on Mount Ljut, didn't you?

11        A.   Yes, that's right.

12        Q.   You had a ham radio up there too; correct?

13        A.   Nylon.  And yes, we also had a ham radio, because a relative

14     worked in the post office, and he repaired that radio and so we always

15     listened in on the communication of the Serbs.

16        Q.   Right.  You also told us during your testimony that, at one

17     point, you were told that if the men, women, and children surrendered,

18     that you would be transferred to the liberated territories through the

19     mediation of the International Red Cross.  Is that correct?

20        A.   That's correct.  But we didn't believe that.  We only surrendered

21     the women but we stayed in the mountains.  We had run out of food.

22        Q.   Well, in fact you told us that -- in fact, you told us a little

23     while ago that women, children, and the elderly did turn themselves over

24     to the army near Stolac, and they were transferred to safety in the

25     liberated territories as agreed.  Isn't that right?

Page 6031

 1        A.   Well, yes, they did.  Spaso Sarovic was --

 2             THE INTERPRETER:  We didn't understand the witness, what he said.

 3     Could he repeat.

 4             Interpreter's note:  Could the speakers please not speak at the

 5     same time.  Thank you very much.

 6             JUDGE HALL:  Mr. Witness, what you say and what counsel say both

 7     have to be interpreted, so could you wait for counsel to complete his

 8     question before you attempt to answer.  Thank you.

 9             THE WITNESS: [Interpretation] All right.

10             MR. O'SULLIVAN:

11        Q.   Sir, let me ask you this:  Do you know --

12             JUDGE HALL:  Sorry, the interpreters needed the witness to repeat

13     the answer to the last question which they didn't get.

14             Mr. O'Sullivan, could you assist by asking the question again,

15     please.

16             MR. O'SULLIVAN:  All right.

17        Q.   Sir, I was asking you about the transfer of men, women, and

18     children by the army who -- who were transferred to the army to liberated

19     territories.  And you said yes, they did, and then you mentioned Spaso

20     Sarovic.

21             So could you continue from there.

22        A.   Spaso Sarovic had a brother-in-law who was the commander of the

23     barracks in Trebinje, and he guaranteed that he would transfer the women

24     and children to the liberated territory.  We accepted that because we

25     knew him as an honest man, but we had no food.  So that's how we had to

Page 6032

 1     surrender them because we didn't have enough food for all of us including

 2     the women and children.  We men were even -- even had to eat roots.

 3        Q.   Sir, do you know a man by the name of Bajro Pizovic?

 4        A.   I heard his name mentioned, but I don't know the man.

 5        Q.   Mm-hm.  Did you know him to be a -- as a member of a fighting

 6     unit?

 7        A.   I've heard the name Bajro Pizovic.  But I don't know whether he

 8     was a member of any armed formation or army.

 9        Q.   Let me ask you about another man whose name is Mirsad

10     Mahmutcehajic.  Have you heard of them?

11        A.   Yes, he was from Stolac.  He was some kind of commander.

12        Q.   Right.

13        A.   He came here to Sarajevo, and I saw him two months ago.

14        Q.   Was this man a commander of a brigade known as the Bregava

15     Brigade.  Is that the same man?

16        A.   Logistics.  Yes, he was the commander of logistics.

17        Q.   Since you have your statement in front of you, the one we

18     referred to a few moments ago, this statement was taken on the 25th of

19     January, 2008.  And at paragraph 6 of that statement, you name Vojin

20     Popovic as the chief of the Gacko SJB.

21             Do you see that?

22        A.   Well, that's that man, Popovic, whom I mentioned.

23        Q.   Right.  And, for the record, we may not need to call it up just

24     yet, it's 1D03-0821.

25             Sir, the next day, the 26th of January, 2008, the day after you

Page 6033

 1     gave the statement you're looking at, you sat down again with the

 2     representatives of the Office of the Prosecutor, and you said that there

 3     is a mistake.  You said it's Vitomir Popic, whom you believed to be

 4     the -- the chief and not Vojin Popovic.

 5             Do you remember saying that?

 6        A.   Popic was the commander of the police.  What I'm saying is that

 7     Popic was the commander of the police and Popovic was the chief.

 8        Q.   Yes.  But you told the Prosecutor that you had made a mistake the

 9     next day; do you recall that?

10        A.   I don't recall that.

11             MR. O'SULLIVAN:  Well, can we show the witness 1D03-0821.

12        Q.   You see that document in front of you?  You see your signature

13     there?

14        A.   I do.

15        Q.   And you see other signatures below your signature as well, don't

16     you?

17             JUDGE HARHOFF:  Thanks.

18        A.   Yes, I do.

19             MR. O'SULLIVAN:

20        Q.   One of them would be the interpreter who was present, I can

21     represent to you.  And the first -- or the second paragraph says that

22     this is a mistake and the name should be Vitomir Popic, and that refers

23     to paragraph 6 of your previous statement.

24             Does that sound right to you?

25        A.   I may have said that, but that's wrong.  That's true.  Vitomir

Page 6034

 1     Popic was the commander of the police and the other was chief.  This is

 2     my official statement by which I stand.

 3        Q.   Well, why did you change --

 4        A.   That's something I know.

 5        Q.   Why did you change your statement on the 26th of February, 2008?

 6        A.   I don't know what happened then.  I really don't remember at all.

 7        Q.   Let me take you to the -- some of the events that you testified

 8     about regarding this -- the Kotlina bridge, okay?  I want you to focus on

 9     that.  I have some questions for you.  Can we do that?

10        A.   All right.

11        Q.   You claim you were shot.  How many times do you claim you were

12     shot?

13        A.   What do you mean how many times?  Once I started running,

14     thousands of bullets were fired at me but none hit me.  And then the

15     firing squad fired two bullets each at us.  I was hit by one bullet in

16     the leg and one in the hip, but nothing was seriously damaged.  And then

17     when I started running, I don't know how many shots they fired at me.

18     They must have fired thousands of shots.

19        Q.   So you claim that on the bridge you were shot two times; is that

20     correct?

21        A.   Yes, exactly.  But -- but the bones were left intact, both the

22     bones in my arms and the -- my hip bones.

23        Q.   Right.  I heard you say you had one bullet in the leg and one

24     bullet in the hip; is that right?  You just said that.

25        A.   Well, actually, it was not the hip.  One hit my arm and another

Page 6035

 1     hit my thigh.  But the bones had remained intact.

 2        Q.   How can you confuse your hip and your leg with your arm and your

 3     thigh, sir?

 4             JUDGE HARHOFF:  Counsel, I think [Microphone not activated]

 5             THE WITNESS: [Interpretation] Well, I said -- I said --

 6             JUDGE HARHOFF:  He had been hit in the arm [Previous translation

 7     continues] ...

 8             THE WITNESS: [Interpretation] Danki Bok [phoen] in Bosnia and

 9     whoever wrote that down must have made a mistake.  I can show you.  I can

10     show you.

11             MR. O'SULLIVAN:  There's a lot of confusion in the transcript

12     here.

13             I'm sorry, Judge Harhoff, I missed what you said, and I also

14     missed what the witness said.

15             JUDGE HARHOFF:  Mr. Witness, could you please repeat your last

16     answer.

17             THE WITNESS: [Interpretation] I said that I was wounded through

18     the leg, that is, the thigh, but the -- but the bone had remained intact.

19     And then I was wounded in the -- the belly --

20             THE INTERPRETER:  The interpreter thinks that is what the witness

21     means.

22             THE WITNESS: [Interpretation] And in the arm.  I still have the

23     scars.

24             MR. O'SULLIVAN:

25        Q.   So you were shot three times?  Is that it?

Page 6036

 1        A.   Yes, yes.

 2        Q.   A moment ago you said there were two shots fired.

 3        A.   Yeah, well, I said three times.  Those were small wounds.  The

 4     bullets had gone through the flesh.  They weren't serious wounds.

 5        Q.   The -- 1D03-0702.  Sir, on the 6th of October, 1992, you gave an

 6     Official Note to the Mostar police, and I'm looking at page 3.  That's

 7     October 1992.  And you said you were shot once.  How do you explain that?

 8        A.   I don't remember that.  I know that I gave a statement to the

 9     police, but I don't remember saying once.  I was treated by doctors.  My

10     wounds were treated in Mostar.

11        Q.   Well, if you like, I'll show you that statement, 1D03-0702.

12        A.   Probably.  But I really don't remember saying once.

13        Q.   I'm going to show it to you.

14             MR. O'SULLIVAN:  In English, it's page 3.

15        Q.   And you -- you're recorded as telling the police that you were

16     shot once in the right forearm.

17             That's what you said, isn't it, or not?

18        A.   Yes.  In the forearm and then there was a bullet through my loin,

19     and I also was hit in the thigh.  In the thigh.  Maybe I made a hasty

20     statement under -- and thus made a mistake.

21        Q.   All right.  Let's look at Exhibit 1D03-0719.

22             This is an interview you gave on television in Bosnia in

23     October 1996.  And on page 6, you say that you claim you were hit once in

24     the arm.  So four years later.

25             How do you explain that?

Page 6037

 1        A.   Well, by Jove, I don't know how to explain that.  But I can tell

 2     you now how it really was.  I was hit three times, but no bones were hit

 3     or -- or the intestines.  They were also left intact.

 4        Q.   Sir, today --

 5             JUDGE DELVOIE:  Mr. O'Sullivan, where -- can we read that that

 6     last statement?  I see the document all the lines are numbered so you can

 7     eventually tell us at what line it is.

 8             MR. O'SULLIVAN:  Mm-hm.

 9             JUDGE HARHOFF:  Line 16?

10             MR. O'SULLIVAN:  One second.  Page 6, line 16; that's correct.

11             JUDGE DELVOIE:  Yes.  And where does it say that he was only hit

12     once?

13             THE INTERPRETER:  Microphone for the Judge.

14             JUDGE DELVOIE:  Sorry, where does it say that is he only hit once

15     as in the previous statement of what I read is that he is relating that

16     he is shot in the arm but he doesn't say that he wasn't shot anywhere

17     else.  He is telling about that, that wound, not about another one or the

18     absence of another one, if I read right.

19             MR. O'SULLIVAN:  I'll ask him.

20             JUDGE DELVOIE:  Okay.

21             MR. O'SULLIVAN:

22        Q.   Sir, when you spoke to the Mostar police in October 1992 and to

23     Bosnian television in 1996, why didn't you mention all the wounds you

24     claim you had?

25        A.   I don't know why I failed to mention them.  But I have the scars

Page 6038

 1     even now.

 2        Q.   Today --

 3        A.   The wounds left scars behind, but I don't know why I didn't

 4     mention everything then.

 5        Q.   Sir, today when you testified at page 42, lines 14 to 16, you say

 6     that when you were on the bridge you claim that no bodies fell off the

 7     bridge when the shooting started.  Right?  That's your testimony?

 8        A.   Nazif did, the one who is in Australia now.  He fell off the

 9     bridge.  And everybody else stayed on the bridge, or, rather, fell on the

10     bridge.

11        Q.   Why did you say today that:  We all stayed on the bridge.  The

12     bodies did not fall in until Popovic came.

13             Why did you say that?

14        A.   Well, the others, yes.  But -- but when the guy was hit by a shot

15     from the pistol, probably the bullet hit a nerve so he winced and fell

16     off the bridge, and everybody else was lying on the bridge itself.

17        Q.   I see.  And you say eventually bodies were thrown into the water;

18     is that right?

19        A.   No.  There was no water, really.  The river-bed had dried out.

20     It was more of a brook.  And there was only as much water in it, what you

21     would call a -- a -- a pool.  A pool of water was all that remained.

22        Q.   All right.  And you claim that one hand-grenade was thrown onto

23     the bodies, is that right?  You said that today, at line -- page 44,

24     lines 7 and 8.

25        A.   Yes, yes.  We heard it detonate up there where we were.  Dzevad

Page 6039

 1     was watching with binoculars.  We heard that once they had thrown them

 2     off, they through a grenade on them.

 3        Q.   Okay.  And you say two lads escaped.  Had they -- do you claim

 4     that they had been shot before they escaped?

 5        A.   Yes, Elvir and Sutko.

 6        Q.   So your evidence is that they were shot, their hands were

 7     bound --

 8        A.   I think they were shot because we heard Lazetic shout, They're

 9     wounded.  They can't go far.  Lazetic was shouting, Go after them, go

10     after them, they are wounded, they won't get far.  But when we hit the

11     ground, the string that we were tied with was weak and it broke, so

12     everybody was untied, once they hit the ground.

13        Q.   So everybody's string broke when they hit the ground; is that

14     right?

15        A.   I don't know.  I didn't go there later to check, but I think so.

16     Because when they were thrown on the tarmac, the -- the string broke.

17     That's what happened to me.

18        Q.   What's the distance -- the approximate distance between this

19     bridge and Gela Ljut where you claim you ended up?

20        A.   Sorry, I didn't understand.

21        Q.   The Kotlina bridge and Gela Ljut where you ended up --

22        A.   Could you please repeat.

23        Q.   Sorry.  I would like to know the approximate distance between the

24     Kotlina bridge and Gela Ljut, the place you say you ended up?

25        A.   Almost a kilometre, if not more.  Gela Ljut.  And there is over a

Page 6040

 1     kilometre to there.

 2        Q.   Okay.  And it's your evidence that you ran at full distance,

 3     right, from the bridge to Gela Ljut?

 4        A.   Yes, the full distance.  And bullets were shot at me from all

 5     over the place, from [indiscernible] bullets were falling around me, and

 6     I was running.

 7        Q.   So there was a full-scale battle going on, is there?

 8        A.   No.  When they saw me running, wherever they were, they directed

 9     their fire at me.  That's what was happening.

10        Q.   Okay.  At this point, you are weak and dehydrated; correct?

11        A.   There was also one ... yes, yes.

12        Q.   And you were exhausted?

13        A.   Of course, I was exhausted.  I was running that distance, the

14     kilometre, I was sprinting.

15        Q.   And when you reached a doctor, you were put on a drip for five or

16     six days.  That's Dr. Habul.  Correct?

17        A.   Yes, yes.  Yes, yes again.

18        Q.   And when two men came upon you --

19        A.   What did you say?  Did you say a month?  Can you repeat what --

20     what did you say?  Five or six days?  What did you mean?

21        Q.   Yes, you were on a drip.  Dr. Habul put you on a drip for five or

22     six days.

23             JUDGE DELVOIE:  Where does that come from, Mr. O'Sullivan?

24             THE WITNESS: [Interpretation] No, not for five, six days.  It was

25     one or two IV doses, that's all.  He did not have more.  He left

Page 6041

 1     everything behind or what do I know?  I don't know.

 2             MR. O'SULLIVAN:  When you say these --

 3             JUDGE DELVOIE:  Mr. O'Sullivan, where does that come from that he

 4     was on a drip for five or six days?

 5             MR. O'SULLIVAN:  I can show him his previous statement.  But I

 6     just put the proposition to him and he agreed.

 7             JUDGE HALL:  Oh, so it comes from a previous statement?

 8             MR. O'SULLIVAN:  Yes.

 9             JUDGE HALL:  Okay, can we see that?

10             MR. O'SULLIVAN:  Yes.  It's 1D03 --

11             THE WITNESS: [Interpretation] No, no, no, I was not on IV for

12     five or six days.  He only gave me one or two or perhaps three doses.  I

13     don't know, not five or six days.

14             THE INTERPRETER:  Very hard for the interpreters.

15             MR. O'SULLIVAN:  The document I wanted to show Judge Delvoie is

16     1D03-0719.  That's the BH television interview from October 1996.  On

17     page 8, line 8, sir, you said on television:  "He," referring to

18     Dr. Habul "put me on some kind of a drip and treated me for five or six

19     days."

20        A.   He treated me for five or six days, yes.  That meant that he

21     sutured my wounds, dressed my wounds, but he only gave me one or two IV

22     doses.  They are two different things.  He did treat me for five or six

23     days.

24        Q.   Now when these men came to you, you were too weak to walk;

25     correct?

Page 6042

 1        A.   Of course.  I was in prison where I was beaten every day twice or

 2     three times.  And then I had to run.  And all that --

 3        Q.   [Previous translation continues] ...

 4        A.   -- left me exhausted.  My lips are dry.  If I had to run 100 more

 5     metres I would have been dead.  I would not have been able to move.

 6        Q.   And you -- they had to carry you between them, didn't they?

 7        A.   No.  They brought me water.  I came to after that.  I was ready

 8     to go on walking.  They didn't carry me.

 9        Q.   So you're saying that you could walk and they did not carry you.

10     Is that what you are saying?

11        A.   They did carry me.  They brought me water.  They -- I had a drink

12     of water.  And then I went with them to their house in Karailo.

13        Q.   Right.  And at no time did you look down on the bridge and see

14     anybody, as you claim, that the police was there and that they were

15     throwing bodies into the canal.  You never saw that, did you?

16        A.   When I arrived at Karailo Kuca [phoen] -- Brankovic came and gave

17     me his binoculars.  He says, Asim, look through the binoculars, and I

18     could see two or three men standing on the bridge throwing bodies into

19     the canal.  I could see that through the binoculars, and after that I

20     heard a detonation and I saw that they had thrown a grenade into the

21     canal as well.

22        Q.   All right.  Sir, the interview you gave to the Mostar police in

23     1996, that's 1D03-0702, you don't mention seeing this event on the bridge

24     involving Popovic.  Why is that?  Can you explain that?

25        A.   I don't remember.  I don't remember why I didn't say anything

Page 6043

 1     about that.  I really don't remember.

 2        Q.   And when you were interviewed by Bosnian television in 1996 --

 3        A.   But I really find it surprising, let me tell you.

 4        Q.   And when you were interviewed by Bosnian television in October

 5     1996, that's 1D03-0791, you don't mention it there either.  Any reason

 6     for that?

 7        A.   No reason whatsoever.  And I don't know why it -- I didn't say

 8     that.  I could swear I did.

 9        Q.   [Previous translation continues] ...

10        A.   I don't know why this was not -- I don't know.  I think I said

11     it.  There's no reason for me not to talk about that.  I -- I think I

12     did.

13        Q.   And you say there was one hand-grenade thrown in, right?

14        A.   When the bodies were thrown in, then they threw a grenade.

15     Probably they wanted to make sure that nobody was alive, because Nazif,

16     Sutko and Elvir had managed to escape and then he was mad.  He got angry

17     and that's probably why he threw that grenade into the canal in order to

18     make sure that nobody else escaped alive.

19        Q.   Am I right that the Kotlina bridge is in a place called Karailova

20     Gomila.  That's where the bridge is?

21        A.   Karailova Gomila is in the direction of Kula from Kotlina.  It's

22     a different place.  This is a bridge near Kotlina on the Gacko Kula road

23     and the bridge was on the left side as you go from Gacko in a village

24     called Gomila.  There were a few houses there.

25        Q.   Okay.  In paragraph 37 of the statement you gave to the OTP on 25

Page 6044

 1     January 2008, 1D03-0799, you say that there were two hand-grenade thrown.

 2     Why did you say there were two?

 3        A.   I don't know what I said.  Actually, I believe there were,

 4     indeed, two grenades.  I heard two detonations, I think.

 5        Q.   A few minutes ago you said you heard one.  Were you there?

 6        A.   I was not there, but I was on Karailova Gomila watching through

 7     the binoculars and I heard detonations.

 8        Q.   And you claim that -- well, did -- are you claiming that Nazif

 9     Basic was pushed off the bridge at that time into the canal?

10        A.   Nazif fell from the bridge himself and the rest were pushed.  And

11     Nazif fell when a bullet hit him in the neck.  His body jerked.  He was

12     on the edge of that bridge and he fell into the water.

13        Q.   Well, in your statement at page -- paragraph 37, you say that

14     Nazif Basic was lying next to me.  "The bullet hit him through the neck

15     and when out through his mouth.  Nazif survived this.  The force of the

16     gun-shot made Nazif fall into the dry bed of the brook."

17             Why are you now saying that he fell into the water?

18             Did you hear my question?

19             Sir, can you hear me?

20             MR. O'SULLIVAN:  Is there a technical problem?

21                           [Trial Chamber confers]

22             MR. O'SULLIVAN:

23        Q.   Sir, can you hear me?  Did you hear my question?

24             THE REGISTRAR: [Via videolink]  The witness is saying that he can

25     only hear a little bits ...

Page 6045

 1             MR. O'SULLIVAN:

 2        Q.   All right.  Sir, I want to know --

 3        A.   I don't hear anything.  I don't understand anything.

 4        Q.   Can you hear my voice now, sir?

 5        A.   Not too good.  Can you speak up?

 6        Q.   Can you hear me now, sir?

 7        A.   Much better.

 8        Q.   All right.  Let's do it this way.  Is it your testimony that

 9     Nazif Basic was shot through the neck with a bullet coming out through

10     his mouth, that seven bodies were thrown onto him?

11        A.   Yes, through the mouth and shattered his jaw.

12        Q.   And seven bodies were thrown onto him --

13        A.   Yes, yes.

14        Q.   --  and two hand-grenades detonated on him -- or the eight

15     bodies, and that he survived.  Is that your testimony?

16        A.   Yes, yes.

17             MR. O'SULLIVAN:  I have no further questions, Your Honour.

18             JUDGE HALL:  We are three minutes short of the normal time for

19     adjournment, so the -- if there is cross-examination by counsel

20     representing Mr. Zupljanin -- will there be?

21             MR. KRGOVIC: [Interpretation] We don't have questions for this

22     witness, Your Honour.

23             JUDGE HALL:  Thank you.

24             Ms. Pidwell.  [Microphone not activated]

25             MS. PIDWELL:  Your Honours, I think I can complete it within the

Page 6046

 1     next two minutes.

 2             JUDGE HALL:  Did you say you can't or can't?

 3             MS. PIDWELL:  I can.

 4             JUDGE HALL:  Yes, please.

 5             MS. PIDWELL:  Thank you.

 6                           Re-examination by Ms. Pidwell:

 7        Q.   Mr. Basic, you were asked some questions about a statement that

 8     you made to the --

 9        A.   I can't hear you, speak up.

10        Q.   You were asked some questions about a statement you made to the

11     Mostar police on 6 of October 1992.

12        A.   Yes.  And I know that I gave a statement to the police in Mostar,

13     yes.

14        Q.   Were you given an opportunity to sign that statement; do you

15     recall?

16        A.   So help me God, I can't remember.  It was given in a haste.

17     Izmet didn't have time.  He just went to report all that, so that it may

18     be known but ...

19        Q.   Now, the statement wasn't shown to you during the course of the

20     cross-examination.

21             And I'd like it to be shown to him now, please.  It's the

22     Defence --

23        A.   No, never, never.  Never.

24        Q.   The Defence Exhibit 1D03-0702.

25             MS. PIDWELL:  Could we have the second page, please, on the

Page 6047

 1     screen.  The signature at the end.

 2        A.   There's no signature.  My signature is not there.  This is not my

 3     signature.

 4        Q.   That's right.  Do you recall this man -- or do you know whose

 5     signature that is?

 6        A.   I don't remember the man.  I don't know whose signature this is.

 7        Q.   Have you seen the statement since you spoke to the Mostar police

 8     in October 1992?

 9        A.   I've not seen her, ever.  I thought that that was something

10     between the two of us.  I didn't -- I thought it was a joke.  It -- I

11     didn't think it was official or anything.

12             MS. PIDWELL:  I have no further questions, Your Honours.

13        Q.   Thank you, Mr. Basic.

14             MS. PIDWELL:  Your Honour, sorry to interrupt I have just been

15     reminded we need to deal with the -- the piece of paper that Mr. Basic --

16     I don't know if he actually referred to it during the course of his

17     testimony, whether we want to MFI it or tender it or we can just leave it

18     be.

19             JUDGE HALL:  Well, isn't it the ordinary rule that a refreshing

20     memory document does not become an exhibit unless for some reason the

21     Defence seeks to -- they didn't deal with it.  So that's it.  I don't

22     think we need to refer to that again.

23             MS. PIDWELL:  As Your Honour pleases.

24             JUDGE HALL:  Yes.  Mr. Basic.  Mr. Basic, we thank you for your

25     assistance before the Tribunal.  You are now released as a witness, and

Page 6048

 1     we wish you a safe journey back to your home.  Thank you.

 2                           [The witness's testimony via videolink concluded]

 3             JUDGE HALL:  So we take the adjournment --

 4                           [Trial Chamber and legal officer confer]

 5             JUDGE DELVOIE:  Mr. O'Sullivan, I noticed on two occasions, and I

 6     didn't have the opportunity to check everything, that you put to the --

 7     to the witness allegedly as being his previous statement, propositions

 8     that are not correct.  Once it was about the wounded soldiers in -- in

 9     the ambulance, while his statement did not refer to wounded soldiers,

10     only to soldiers.  And once to the drip.  He was laid off for six days,

11     but his statement didn't say.  His statement didn't say he was laid on a

12     trip -- he was put on a drip and treated for six days, which is

13     different.  And I was just wondering, because I'm not from the common law

14     system but is this the normal way to -- to address a witness -- a witness

15     and to try to outsmart him, that's how I feel it?

16             If that's the normal way in common law, I will accept it, you

17     know, but I was a little bit surprised.

18             MR. O'SULLIVAN:  Dealing first with the -- what he said about the

19     ambulance, he confirmed that -- my proposition.  Now if they were driven

20     away in an ambulance the inference could be that they were injured.

21             JUDGE DELVOIE:  So what you're saying is you put to him an

22     incorrect proposition, proposition which does -- which is not what he

23     said previously.  He confirms it because he is taken by surprise, and

24     then you say, now, oh well, that's it.

25             MR. O'SULLIVAN:  First of all, I would never -- I would never

Page 6049

 1     intentionally mislead a witness.  Never my intention.  I put the

 2     proposition to him without the statement asking him if an ambulance

 3     arrived to take away injured soldiers.  He could have said no.  He could

 4     have said yes.

 5             JUDGE DELVOIE:  But you said that that was his statement.  You

 6     said --

 7             MR. O'SULLIVAN:  Well --

 8             JUDGE DELVOIE:  You said that.

 9             MR. O'SULLIVAN:  My initial -- with all due respect my initial

10     question was not based -- was not -- I did not put the statement to him,

11     I asked him the first time.

12             JUDGE DELVOIE:  I just want to know, is this normal practice in

13     common law?

14             MR. O'SULLIVAN:  Well, you cannot mislead a witness, and I take

15     your point on the second objection you have made to my question.  I did

16     misstate that.  Not intentionally.  His treatment was five days, the drip

17     was not five days, and I did misstate that not, with the intention of

18     misleading him.  But I wanted to elicit that he had been on a drip.  That

19     I fully take responsible for.

20             On your first point, Your Honour, I put it to them that an

21     ambulance came to take away injured soldiers, not by citing his

22     statement, but the inference would be -- I was suggesting to him that

23     that the inference would be that if the ambulance came to collect

24     soldiers they had been injured, and he saw the ambulance come, according

25     to his statement.

Page 6050

 1             JUDGE DELVOIE:  Thank you.

 2             JUDGE HALL:  Anyway, without further trenching on the time of the

 3     interpreters and the court support staff, we take the adjournment now to

 4     tomorrow afternoon in this Chamber, 2.15, and I alert the parties that

 5     there's a possibility that we might move the Friday sitting from the

 6     afternoon to the morning.

 7             Thank you.

 8                            --- Whereupon the hearing adjourned at 7.08 p.m.,

 9                                to reconvene on Wednesday, the 3rd day of

10                                February, 2010 at 2.15 p.m.