Tribunal Criminal Tribunal for the Former Yugoslavia

Page 8478

 1                           Monday, 12 April 2010

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 2.23 p.m.

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

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

 7             JUDGE HALL:  Thank you, Madam Registrar.

 8             Good afternoon to everyone and welcome back.  We trust that

 9     everyone's break was refreshing and everyone is reinvigorated for the

10     work that lies ahead over the next few months.

11             May we begin in the usual manner by taking the appearances,

12     please.

13             MS. KORNER:  Good afternoon, Your Honours.  Joanna Korner,

14     assisted by Crispian Smith, for the Prosecution.

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

16     Slobodan Cvijetic, and Eugene O'Sullivan appearing for Stanisic Defence

17     this afternoon.  Thank you.

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

19     Defence this afternoon, Igor Pantelic, Dragan Krgovic and

20     Miroslav Cuskic.  Thank you.

21             JUDGE HALL:  Thank you.  If there is nothing that needs -- yes,

22     Ms. Korner.

23             MS. KORNER:  One administrative matter, Your Honours, and it

24     relates to our timetabling of witnesses.

25             Your Honours made certain rulings in respect of the time that the

Page 8479

 1     Prosecution should take for the remainder of its case and in the hopes

 2     that it would end in -- at the end of July.  And our query is simply

 3     this:  At the moment, for viva voce witnesses, by and large although the

 4     rule was, as we understood it, or the guide-line, that the Defence

 5     together would have as much time as the Prosecution took in-chief for

 6     cross-examination, the 50 per cent rule, if I can put it that way.  In

 7     reality, the Defence have been asking and getting longer.  And I'm not

 8     suggesting in any way that that should be curtailed.  But simply so that

 9     we know how to plan the witnesses, do Your Honours intend do continue on

10     that line or to strictly apply leave, as I can put it -- the 50 per cent

11     for each Defence team?

12             JUDGE HARHOFF:  As far as I recall, Ms. Korner, the assumption

13     was made during the pre-trial phase when we sat and discussed these

14     issues, that the 50 per cent rule or whatever you call it, the

15     100 per cent rule, would apply overall.  That is to say, it doesn't have

16     to be 100 per cent in relation to each and every single witness.  For

17     some witnesses it may be longer, for some shorter.  But when we reached

18     the end, we would be happy to see approximately 100 per cent consumption

19     of time.  And I think we're not that far behind actually.

20             MS. KORNER:  Yeah.  But as I say, Your Honours --

21             JUDGE HARHOFF:  The Defence is actually doing well, if I

22     recall --

23             MS. KORNER:  No, the reason we asked is because the Defence

24     helpfully gave us their estimates of what they would be taking, of what

25     they would like in cross-examination for viva voce.  And if one takes,

Page 8480

 1     for example, ST-182, who is a viva voce now, Your Honours having decided

 2     that we couldn't use 92 ter rule with him, the combined estimate of time

 3     for cross-examination of him is considerably longer.  And that's all that

 4     we're asking for.  And I mean, if Your Honour is going to wait to the end

 5     of the case, well, I suppose it is rather hit or miss, isn't it.  It may

 6     be the same, it may not.  But that's why I'm asking.

 7             So if -- we will work on the basis that such estimates as the

 8     Defence have given us will be the ones that Your Honours will allow.

 9             JUDGE DELVOIE:  Ms. Korner, the last time I checked, the Defence

10     had more or less 90 per cent of your time used --

11             MS. KORNER:  Yes.

12             JUDGE DELVOIE:  -- so they are NOT -- certainly not over

13     100 per cent.

14             MS. KORNER:  Yes.  Well, Your Honours, they may or may not be.  I

15     don't know.  I don't do those sort of calculations.  But I'm simply -- as

16     I say, if we work on the basis of planning of future witnesses that the

17     hours the Defence have given us, which would be, if adhered to, longer

18     than a viva voce witness takes in chief, that's all we'll do.  That's

19     fine.  We're not arguing it, we're just asking.

20                           [Trial Chamber confers]

21             JUDGE HARHOFF:  We'll see how it goes.

22             MS. KORNER:  Well, yes.  I don't -- all right, Your Honours.

23     Then we will simply organise witnesses at the moment worked on the

24     estimates of cross-examination given by the Defence.  It's as simple as

25     that.

Page 8481

 1             Your Honours, the next witness is in closed session.

 2                           [Trial Chamber confers]

 3             THE REGISTRAR:  We're in closed session, Your Honours.

 4                           [Closed session]

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11 Pages 8482-8559 redacted. Closed session.















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 1   (redacted)

 2                            --- Whereupon the hearing adjourned at 6.57 p.m.,

 3                           to be reconvened on Tuesday, the 13th day of April,

 4                           2010, at 9.00 a.m.