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
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
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
Page 8158
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Page 8159
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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
5 MR. MANDIC: [Interpretation] Good morning, Mr. President. I can
6 hear you.
7 JUDGE HALL
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
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
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
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
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
24 [The witness exits the courtroom]
25 JUDGE HALL
Page 8165
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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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