Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Thursday, 22 July 2010

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 9.08 a.m.

 5             THE REGISTRAR:  Good morning, Your Honours.

 6             This is case IT-08-91-T, the Prosecutor versus Mico Stanisic and

 7     Stojan Zupljanin.

 8             JUDGE HALL:  Thank you, Madam Registrar.

 9             Good morning to everyone.

10             May we have the appearances for today, please.

11             MR. DI FAZIO:  Good morning, Your Honours.  I'm Tom Hannis along

12     with Gramsci Di Fazio and Crispian Smith for the Prosecution.

13             MR. CVIJETIC: [Interpretation] Good morning, Your Honours.  On

14     behalf of Mico Stanisic's Defence team, Slobodan Cvijetic,

15     Eugene O'Sullivan, and Tatjana Savic.

16             MR. KRGOVIC:  Good morning, Your Honours.  Dragan Krgovic for

17     Zupljanin Defence.

18             JUDGE HALL:  Thank you.

19             Yes, Mr. Hannis.

20             MR. HANNIS:  Yes, Your Honours.  You, I take it, will have seen

21     the e-mail from Ms. Korner, about 6.00 last night.

22             JUDGE HALL:  I haven't, but we -- on our way into the courtroom,

23     we were alerted that there is something that the Office of the

24     Prosecution has to say this morning.

25             MR. HANNIS:  I'm sorry, Your Honour, I thought that would have

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 1     reached you.  I think it was directed to Ms. Featherstone.  In proofing

 2     yesterday, Mr. Di Fazio, with today's witness, learned that she was not

 3     feeling well, and they were trying to deal with some -- some changes and

 4     clarifications that she felt needed to be made to her report.  In light

 5     of that, we sent an e-mail advising the Court that we were going to

 6     request this morning an adjournment and put Ms. Tabeau off until after

 7     the recess because of her not feeling well and because of not being able

 8     to make the necessary changes that she had identified.

 9             It was our assessment that it would be more efficient in the

10     long-run, even though we lose four hours today, it would be more

11     efficient in the long-run to have her evidence presented at that later

12     date when the changes could be made, perhaps in writing to explain the

13     difference, rather than having to do it ad hoc on foot here in court

14     today.

15             In addition, at least for me, I know her evidence is more -- more

16     complicated than -- than the ordinary.  And as an expert witness, we

17     think it would be beneficial if her evidence could be heard at one go;

18     with the direct, the cross-exam, and the redirect following immediately

19     one after another.

20             And finally, because this week we've been sitting without

21     Judge Harhoff, we think it would be to his benefit as well to be able to

22     hear her direct evidence in connection with both the cross-exam and the

23     redirect.

24             We e-mailed the Defence last night.  I think I understand the

25     Stanisic Defence doesn't have an objection.  I'm not sure about the

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 1     Zupljanin.  And simply that's our request.  I -- I and Ms. Korner deeply

 2     regret having to made this request today, especially in light of the

 3     Prosecution's position yesterday when we sort of insisted on having this

 4     hearing today.  And I guess that's all I can tell you right now, unless

 5     you have a specific question for me.  Thank you.

 6             JUDGE HALL:  Thank you, Mr. Hannis.

 7             [Microphone not activated] Mr. Cvijetic, you confirm what

 8     Mr. Hannis has represented on your behalf, I take it?

 9             MR. CVIJETIC: [Interpretation] You didn't switch on your

10     microphone, so I didn't receive interpretation of what you said,

11     Your Honour.

12             JUDGE HALL:  I'm sorry.  What I was asking is whether you confirm

13     what Mr. Hannis had just represented on your behalf.

14             MR. CVIJETIC: [Interpretation] Yes, Your Honour.  We were timely

15     informed about this last night.  We received the e-mail.  And, of course,

16     we do not have any objections in terms of postponing the testimony of

17     Ms. Ewa Tabeau.  We stand by our position in terms of her as an expert

18     witness; however, that does not change our view about the situation which

19     has arisen.  Of course, we do not oppose to postponing her testimony.

20     It's obvious that it's time for the summer recess.

21             JUDGE HALL:  Mr. Krgovic.

22             MR. KRGOVIC: [Interpretation] Your Honours, it is obvious that

23     Mr. Zecevic's IQ is higher than he claimed yesterday, so it might be

24     equal to that of other people or even higher, so we don't oppose this

25     postponement.

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 1             JUDGE HALL:  Thank you.

 2                           [Trial Chamber confers]

 3             JUDGE HALL:  Well, there's nothing further to be said for this

 4     matter.  The witness -- the Office of the Prosecution will let us know

 5     what the position is when we pick up this work again.

 6             MR. HANNIS:  Thank you very much, Your Honours.

 7             JUDGE DELVOIE:  Mr. Hannis, you can tell Mrs. Korner that the OTP

 8     won by filing -- by filing yesterday the amended witness list.  We will

 9     file today the decision on the 5 plus 8 or 8 minus 5, or something like

10     that, witnesses motion you filed, but there is a little problem with your

11     filing of the witness -- the new witness list.  We asked for estimates

12     for the viva voce hearing for all witnesses, and you gave them only for

13     those you actually consider as being viva voce, but we wanted to have

14     estimates for all of them.  Could you eventually, within the next days?

15             MR. HANNIS:  Yes, Your Honour.  I guess we had a

16     misunderstanding.  We thought some witnesses were possibly going to be

17     92 bis and some are 92 quater, so they can't --

18             JUDGE DELVOIE:  Especially for the 92 bis ones, I think it would

19     be helpful if we could have viva voce estimates as well, just in case.

20             MR. HANNIS:  Okay.  We misunderstood.  We're happy to do that.

21     We will try to do that as quickly as possible.

22             JUDGE DELVOIE:  Thank you very much.

23             MR. HANNIS:  Thank you.

24             MR. O'SULLIVAN:  Excuse me, Your Honour.  May I make one inquiry.

25     Your Honour, Judge Delvoie made a reference to a filing by the OTP

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 1     yesterday.  We -- I don't recall receiving a filing from the OTP.

 2             MR. HANNIS:  I think it was filed last -- late last night with a

 3     courtesy copy to Chambers, so you may not have received it yet.

 4             JUDGE HALL:  Yes, Mr. Krgovic.

 5             MR. KRGOVIC: [Interpretation] Your Honours, if we have finished

 6     with this, I have a technical matter about some exhibits.  I wanted to

 7     use the time that we have.  I Would tender into evidence some exhibits

 8     which have been MFI'd, if there are no objections from the OTP.

 9             JUDGE HALL:  Does the OTP -- do they have -- have they been

10     alerted as to what is contained in this list?

11             MR. HANNIS:  Your Honour, no.  I don't know which -- which

12     witness they refer to or which exhibits they are, so I'm not in a

13     position to say whether we have an objection or not.

14             MR. KRGOVIC: [Interpretation] Your Honours, it is just one

15     exhibit which was MFI'd because we were waiting for translation.  Now

16     that we have the translation, I suggest that we should do it before the

17     recess so we would have a clearer picture in the transcript.

18             MR. HANNIS: [Previous translation continues] ... if it was only a

19     matter of a way in the translation and the translations that have

20     arrived, we don't mind having it admitted.

21             JUDGE HALL:  So it's just that one item?

22             MR. KRGOVIC:  Yes.

23             JUDGE DELVOIE:  What is the number -- the witness number?  Yes?

24             MR. KRGOVIC: [Interpretation] It is Exhibit 2D37, which was

25     marked for identification.  Now we have received the translation.  It was

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 1     MFI'd on the 1st of February, 2010.  The page of transcript was 5855.

 2     The witness was Zepinic.  And now it is uploaded in e-court, together

 3     with the translation, together with the number --

 4             THE INTERPRETER:  Could the counsel please repeat the number.

 5             MR. KRGOVIC: [Interpretation] So that I just suggest that we

 6     remove the --

 7             JUDGE HALL:  You've been asked to repeat the number, please.

 8             MR. KRGOVIC: [Interpretation] The number of the uploaded document

 9     is 2D02-1565.

10             JUDGE HALL:  So the MFI designation is lifted.  And --

11                           [Trial Chamber and Registrar confer]

12             JUDGE HALL: [Microphone not activated] ... and unless the parties

13     have something else to raise, that brings us to the end of the sitting,

14     and we take the adjournment to resume --

15             THE INTERPRETER:  Microphone, Your Honour, please.

16             JUDGE HALL:  I'm sorry.  After a year I shouldn't have to keep

17     being reminded about this.  I'm sorry.

18             That brings us to the end of today's sitting, and we will resume

19     on the afternoon of Monday, the 16th of August, if memory serves.  I

20     suppose we will be notified of the courtroom that will be in use at that

21     time.  And it only remains for me to wish everyone a productive break and

22     a safe break, and I am sure that we will all return with a determination

23     to ensure that the trial proceeds with as few interruptions as are

24     humanly possible so that this awful word "slippage," slips out of our

25     vocabulary by the end of the year.  So we rise.

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 1                           --- Whereupon the hearing adjourned at 9.22 a.m.,

 2                           to be reconvened on Monday, the 16th day

 3                           of August, 2010, at 2.15 p.m.