Tribunal Criminal Tribunal for the Former Yugoslavia

Page 8157

 1                           Thursday, 25 March 2010

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 9.13 a.m.

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

 6     IT-08-91-T.  The Prosecutor versus Mico Stanisic and Stojan Zupljanin.

 7             JUDGE HALL:  Good morning to everyone.

 8             Thank you, Madam Registrar.

 9             Before we move into private session because as we have been

10     alerted that there's something that Ms. Korner wishes to raise, could we

11     have the appearances, please.

12             MR. OLMSTED:  Good morning, Your Honours.  Matthew Olmsted,

13     Joanna Korner, and Crispian Smith for the Prosecution.

14             MR. ZECEVIC:  Good morning, Your Honours.  Slobodan Zecevic,

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

16     Stanisic Defence this morning.  Sorry I was notified that our

17     Legal Assistant Dominic Kennedy is also in the courtroom.  Thank you.

18             MR. PANTELIC:  Good morning, Your Honours.  For Zupljanin Defence

19     this morning appearing, Igor Pantelic, Dragan Krgovic, Jason Antley, and

20     Ms. Erin Dummavant.  Thank you.

21             JUDGE HALL:  Thank you.

22             Could we, Ms. Korner, the matter that you wish to raise, should

23     we be in private session?

24             MS. KORNER:  Yes, we should.

25             JUDGE HALL:  Yes.  So we move into private session.

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Page 8162

 1                           [Open session]

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

 3                           [The witness entered court]

 4             JUDGE HALL:  Good morning, to you, sir.  Can you hear me?

 5             MR. MANDIC: [Interpretation] Good morning, Mr. President.  I can

 6     hear you.

 7             JUDGE HALL:  You have not -- you will not at this stage be

 8     invited to make the solemn declaration to formally become a witness in

 9     this matter, but as a matter of courtesy to you, the Trial Chamber on its

10     own behalf and on behalf of counsel on both sides, considering that you

11     have been waiting to assist the Tribunal by testifying over several days,

12     thought it should explain to you the reasons for the delay up to this

13     point, and the further delay.

14             As you may very well be aware, a trial is a process, and as such,

15     it isn't -- it is seldom possible to anticipate the various factors,

16     circumstances, and events which would not allow the process to go as

17     smoothly as would have been anticipated.  And it is for that reason that

18     the -- that your being called to the stand has been delayed and I regret

19     to advise will be further delayed, so that you will be -- you have an

20     obligation, having come in as a potential witness, to remain at the call

21     of the Court, of the Trial Chamber, until you are released.  So although

22     you have not yet been formally sworn as a witness, what is going to

23     happen now is that you will be excused until the Prosecution, at whose

24     instance you have been called as a witness, indicates that they are ready

25     to begin your testimony.

Page 8163

 1             So we apologise and regret the inconvenience, because we are

 2     satisfied there would have been personal inconvenience for you having to

 3     travel to The Hague and just wait until the witness ahead of you has

 4     completed his testimony and the -- trust that you understand all of this.

 5     And as I said, you will now be excused and it will be indicated when you

 6     will return.

 7                           [Trial Chamber confers]

 8             JUDGE HALL:  I would add, in terms of the time that you

 9     anticipate that this could take, that the remainder of the day's sitting

10     time will be devoted to completing the witness ahead of you, but also for

11     the Prosecution to sort out how it goes forward in terms of your

12     testimony.

13             So they will certainly communicate to you in the course of today

14     when it is likely that your testimony -- when they would be in a position

15     to begin your testimony.

16             But, as I said, from what has been communicated to us in the

17     course of today, it is something by mid-morning there's something that

18     should be communicated to you.

19             So with that, sir, you are excused, and the usher will escort you

20     from the courtroom.  Thank you, sir.

21             MR. MANDIC: [Interpretation] Your Honours, so I have no right to

22     comment?  I can just take under notice what you said?

23             JUDGE HALL:  Well, if you have a question, I will attempt to

24     answer it, certainly.

25             MR. MANDIC: [Interpretation] Your Honours, my arrival here was

Page 8164

 1     scheduled and cancelled several times.  I was in Belgrade.  When I came

 2     here, I was told I would begin on Tuesday.  I've been here for six or

 3     seven days already.  And I have been waiting for the call previously on

 4     several occasions.

 5             I wanted also to go back and testify by videolink because these

 6     six, seven days I spent here are not the only time that I spent here.  On

 7     several earlier occasions I was awaiting the beginning of my testimony

 8     and focusing on it.

 9             If I endure any more hassle, I'll be getting more and more

10     nervous and I will not be a good witness.  I don't think I've been

11     treated fairly in a humane way that respects my dignity.  If I have to be

12     here and spend seven to ten days waiting, I suppose I must live with it.

13             JUDGE HALL:  Thank you, sir.  I'm sure the Prosecution has heard

14     what you would have said, and what you've said appears on the record.

15     And we will see how matters proceed from here.  Thank you.

16             MS. KORNER:  Can I just, before Mr. Mandic leaves, and tell

17     Your Honours, Mr. Mandic arrived here on Saturday, and he was brought

18     here early specifically because the Defence requested that they have a

19     day to speak to him.  That may be a matter I'll return to later.

20             But I appreciate and we are very sorry and we echo what Your

21     Honours have said that there has been this delay, but I think that's all

22     we can say.

23             JUDGE HALL:  Thank you.

24                           [The witness exits the courtroom]

25             JUDGE HALL:  So we now move into closed session.

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17                           --- Whereupon the hearing adjourned at 1.49 p.m.,

18                           to be reconvened on Friday, the 26th day of

19                           March, 2010, at 9.00 a.m.

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