120120ED

Page 11

1 Friday, 20 January 2012

2 [Pre-trial Conference]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 9.04 a.m.

6 JUDGE KWON: Good morning, everyone.

7 Would the registrar please call the case.

8 THE REGISTRAR: Thank you. And good morning, Your Honours.

9 This is case number IT-95-5/18-R77.2, in the Contempt Case of

10 Milan Tupajic.

11 JUDGE KWON: Thank you.

12 Can I have the appearances.

13 MR. LAZAREVIC: Good morning, Mr. President. Good morning,

14 Your Honours. My name is Aleksandar Lazarevic. I'm counsel for

15 Mr. Tupajic in this case.

16 JUDGE KWON: Good morning, Mr. Lazarevic.

17 Mr. Tupajic, could you confirm whether you following the

18 proceedings in a language that you understand?

19 THE ACCUSED: [Interpretation] I am receiving the signal, but the

20 sound is too low, and I cannot understand what is being said.

21 JUDGE KWON: Thank you. Our usher will assist you in a minute.

22 Mr. Tupajic, I hope that you are hearing me better now.

23 THE ACCUSED: [Interpretation] It's okay now. Yes.

24 JUDGE KWON: Thank you, Mr. Tupajic.

25 Today, prior to the commence of the trial, pursuant to

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1 Rule 73 bis (A) of the Tribunal's Rules of Procedure and Evidence, we are

2 holding a pre-trial conference in order to discuss how the trial should

3 be conducted.

4 First, Mr. Lazarevic, turning to the schedule of this trial, I

5 take it that you have seen our decision on the motion to postpone the

6 trial issued -- which was issued on 17th January. The Chamber explained

7 that, given the courtroom schedule of the Tribunal, and the Judges'

8 commitments on other trials, the only time available, other than today,

9 would be either Monday, 23rd of January, or Friday, 3rd of February.

10 Given that Mr. Tupajic is in detention, which date would be

11 preferable for you and your client?

12 MR. LAZAREVIC: Thank you, Your Honour. And I have to say it's

13 unfortunately the first time -- I didn't discuss this issue with

14 Mr. Tupajic. I drew his attention to the fact that most of these

15 documents that I referred in -- to -- to -- that I spoke with him about

16 and that I received from Mr. Tupajic has not been translated. But given

17 the fact that I requested, like, ten days of delay in the proceedings, I

18 believe that February 3rd would be much more in favour of Mr. Tupajic.

19 Because this time, if allotted, would be -- it's more than sufficient to

20 prepare his evidence and all the documents, and my estimation is that it

21 won't take more than one day of trial to complete this -- this trial.

22 JUDGE KWON: If necessary, we can adjourn for you to have a word

23 with your client.

24 MR. LAZAREVIC: I believe that Mr. Tupajic already showed me that

25 it's okay for the February 3rd.

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1 JUDGE KWON: Mr. Tupajic, can you confirm that the 3rd of

2 February would suit you?

3 THE ACCUSED: [Interpretation] Absolutely. As far as I am

4 concerned, I can stand trial on Monday. However, if the date in

5 February suits the Trial Chamber, I'm not opposed to it.

6 JUDGE KWON: So, Mr. Lazarevic, you prefer to have the trial on

7 3rd of February.

8 MR. LAZAREVIC: That's correct, Your Honour.

9 JUDGE KWON: Thank you.

10 Then it is ordered that the trial of Mr. Tupajic for contempt of

11 the Tribunal be held on Friday, 3rd of February, 2012.

12 And having heard that, I take it that you can withdraw your

13 motion.

14 MR. LAZAREVIC: And that's precisely what I'm going to do. I

15 always follow Your Honours' advices.

16 JUDGE KWON: Thank you.

17 Next, Mr. Lazarevic, then I would like to know whether the

18 Defence will make an opening statement, pursuant to Rule 84.

19 MR. LAZAREVIC: Your Honours, we are not going to make an opening

20 statement. We will just start with the evidence of Mr. Tupajic. And,

21 furthermore, we intend not to call any witnesses whatsoever. We will

22 rely solely on Mr. Tupajic's evidence and the documents that will be

23 tendered through Mr. Tupajic.

24 JUDGE KWON: Thank you, Mr. Lazarevic.

25 Then by your submission I take it that the accused himself does

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1 not wish to make a statement pursuant to Rule 84 bis of the Rules.

2 MR. LAZAREVIC: No, Your Honours. No, Your Honours.

3 JUDGE KWON: Then how long do you expect Mr. Tupajic's evidence

4 to last?

5 MR. LAZAREVIC: If everything goes well, I was trying to assess

6 the way Mr. Tupajic speaks. He is a fast speaker, and I believe that it

7 will take maybe two, up to three hours, not more than this.

8 JUDGE KWON: So I take it, including your submission, and closing

9 argument of the accused, it will be sufficient as a one-day trial.

10 MR. LAZAREVIC: Your Honour is correct.

11 JUDGE KWON: Thank you.

12 Mr. Tupajic, do you have any issues you like to raise about the

13 conditions of your detention here at -- at the Tribunal?

14 THE ACCUSED: [Interpretation] I must say now, and I did it

15 already during the recess, that the attitude of the staff in the

16 Detention Unit is very fair. I'm enjoying very good conditions there,

17 which means that I don't have any objections or complaints about my stay

18 in the Detention Unit.

19 JUDGE KWON: Thank you, Mr. Tupajic.

20 Mr. Lazarevic, I wonder if there are any other issues you like to

21 raise at this moment?

22 MR. LAZAREVIC: Well, Your Honours, in order to -- to cover all

23 the aspects of this case, I was advised by Mr. Tupajic - because that was

24 one of the issues that I discussed with him in the Detention Unit while I

25 was visiting him - he basically told me that he was not examined well by