1 Wednesday, 14 April 2010
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 2.32 p.m.
5 THE REGISTRAR: Good afternoon, Your Honours. Good afternoon
6 everyone in and around the courtroom. This is case number IT-08-91-T.
7 The Prosecutor versus Mico Stanisic and Stojan Zupljanin.
8 JUDGE HALL
9 appearances, please.
10 MS. KORNER: Good afternoon, Your Honours. Joanna Korner
11 assisted by Crispian Smith Case Manager for the Prosecution.
12 MR. ZECEVIC: Good afternoon, Your Honours. Slobodan Zecevic,
13 Slobodan Cvijetic, and Eugene O'Sullivan appearing for Stanisic Defence
14 this afternoon. Thank you.
15 MR. PANTELIC: Good afternoon, Your Honours. For Zupljanin
16 Defence this afternoon, Igor Pantelic, Dragan Krgovic, Jason Antley, and
17 Miroslav Cuskic. Thank you.
18 JUDGE HALL
19 Before we resume there are three brief matters which the Chamber
20 wishes to address. On the 9 of April, 2010, the Prosecution filed a
21 supplemental motion seeking to add one document to the exhibit list in
22 relation to ST-125. Given that this witness will begin testifying today,
23 could the Defence indicate now what its position is, or if they are
24 unable to do so, we would request a response by the end of the earliest
25 break today.
1 Second matter: The Trial Chamber is seised of the Prosecution
2 motion of the 1st of April, seeking additional time for the examination
3 in chief of twelve Rule 92 ter witness. The motion is oversized; the
4 Prosecution seeks an extension of the word limit to 4.618 words. The
5 practice direction and the length of leaves and motions requires parties
6 to seek leave in advance, stating the exceptional circumstances that
7 necessitate the oversized filing. It is every party's duty to plan its
8 motion practice according to applicable rules and procedures including
9 this practice direction. The Chamber is not persuaded the Prosecution
10 has established the existence of exceptional circumstances that would
11 warrant granting the extension. The motion is therefore dismissed
12 without prejudice to the Prosecution filing a new motion in accordance
13 with the practice direction. Finally, on the 9th of April, the
14 Prosecution filed a motion requesting that ST-176 be heard via video
15 conference link. The Chamber orders the Defence to provide an oral
16 response on the 15th of April. Thank you.
17 MS. KORNER: Your Honour, can I just say something about this.
18 So far numbers and, indeed, virtually every motion we filed so far
19 recently has been rejected. And one of the major grounds for rejection
20 has been we haven't supplied enough information. So we, in an effort to
21 explain chapter and verse of why we are making the application for
22 further time, we gave as much information as it was humanly possible.
23 Now, it does seem to be, Your Honours, we can't win. If we stick to the
24 word limit, then we can't give the information. We were told to file in
25 advance the reasons why we were asking for more than 20 minutes.
1 Are Your Honours saying it was simply that it was exceeded too
2 much and that you are prepared to entertain a lesser, if there's such a
3 word, exceeding of the word limit? Because I just don't know what we can
4 do. Either we give the information that you want, or we are bound by the
5 word limit.
6 JUDGE HALL
7 what ruling we would give on your re-filed motion. What we are saying is
8 that there is a practice direction. The -- what we have doesn't
9 adequately justify the exceeding the word limit, and we are inviting you
10 to refile.
11 MS. KORNER: I understand that. Do I understand that
12 Your Honours want a separate motion first, asking that we can exceed the
13 word limit and explaining the reasons for that, and then when you grant
14 it, then file the actual motion? Is that what you are suggesting?
15 JUDGE HALL
16 direction anticipates.
17 MS. KORNER: Because equally, I mean, the same really applies to
18 leave to respond to a reply to a motion that, technically, under the
19 rules, we should first of all apply for leave to respond to the motion
20 and then give the response. But, in fact, the practice has grown up that
21 the two are combined as one, and it's simply of ease of reference.
22 JUDGE HARHOFF: Ms. Korner, the practice that you have referred
23 to is perfectly legitimate and is well made in the interests of
24 expediency. What we are requiring in this case is that we think that you
25 could have easily submitted your motion and all the arguments in support
1 of the extension of time for these 65 -- 92 ter witnesses, within the
2 word limit, and we ask you to do so.
3 MS. KORNER: Certainly, Your Honours, I've heard the ruling, and
4 we will we'll certainly do that. All I can say is that I hope that the
5 response won't come that we haven't given enough information.
6 JUDGE HARHOFF: We'll see.
7 JUDGE HALL
8 witness escorted back to the stand.
9 [Closed session]
11 Pages 8649-8709 redacted. Closed session.
6 --- Whereupon the hearing adjourned at 6.59 p.m.
7 to be reconvened on Thursday, the 15th day of
8 April, 2010, at 2.15 p.m.