Tribunal Criminal Tribunal for the Former Yugoslavia

Page 8753

1 Monday, 21 April 2008

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 2.15 p.m.

5 JUDGE MOLOTO: Good afternoon to everybody in and around the

6 courtroom.

7 Madam Registrar, would we please call the case.

8 THE REGISTRAR: Good afternoon, Your Honour, good afternoon

9 everyone in the courtroom. This is case number IT-04-83-T, The

10 Prosecutor versus Rasim Delic.

11 JUDGE MOLOTO: Thank you very much. Could we have the

12 appearances for today, starting with the Prosecution.

13 MR. WOOD: Yes. Good afternoon, Mr. President. Kyle Wood,

14 Aditya Menon, legal intern Sarah Houlihan, for the Prosecution, assisted

15 by Alma Imamovic our case manager.

16 JUDGE MOLOTO: Thank you very much.

17 And for the Defence.

18 MS. VIDOVIC: [Interpretation] Good afternoon, Your Honour, good

19 afternoon to my learned colleagues from the Office of the Prosecutor, and

20 to everyone in and around the courtroom. Vasvija Vidovic and Nicholas

21 Robson for the Defence of General Rasim Delic, with our legal assistant

22 Lana Deljkic.

23 JUDGE MOLOTO: Thank you very much, Madam Vidovic.

24 Madam Vidovic or Mr. Robson.

25 MR. ROBSON: Your Honours, I was to deal with the witness this

Page 8754

1 afternoon; and, therefore, I'm standing to address the Bench.

2 I must inform you that the Defence team has taken the decision

3 not to call the witness this afternoon. Today, we are had an opportunity

4 to carry out a consultation with the witness; and, as a result, we

5 decided that we wouldn't call him.

6 I apologise to my learned friends on the opposite bench for any

7 inconvenience that they may have been caused and, indeed, to the Trial

8 Chamber as well. Also, I would like to put on record our gratitude to

9 the American government for the assistance that they have provided to us,

10 and it was very gratefully received.

11 There we have it, Your Honours, in a nutshell. The decision was

12 taken; and, therefore, there will be no witness this afternoon.

13 I can also confirm to that you the witness was due to be our

14 final witness in this case, and we will not be calling any further

15 witness as part of the Rasim Delic case.

16 So, effectively, Your Honours, we have concluded the Defence

17 case. What I can notify you of is that we filed our second bar table

18 motion this morning. I was informed that it was filed before lunch. I

19 haven't myself had a chance to confirm whether or not that this is the

20 case. My understanding is that that motion was filed this morning, but

21 essentially that is the position.

22 JUDGE MOLOTO: Formally, the Defence rests?

23 MR. ROBSON: Indeed, Your Honour.

24 JUDGE MOLOTO: Thank you very much.

25 Just one little housekeeping matter. The Trial Chamber renders

Page 8755

1 its oral decision concerning the admission of exhibits. The Trial

2 Chamber's admission of Exhibits 1316 and 1317 on the 17th of March, 2008

3 has been subject to an interlocutory appeal and a ruling by the Appeals

4 Chamber of the 15th April 2008.

5 The Trial Chamber has made its subsequent admission of Exhibits

6 1375 and 1376 contingent on the outcome of that appeal. The Trial

7 Chamber holds that Exhibits 1316, 1317 --

8 [Technical difficulty]

9 JUDGE MOLOTO: Thank you very much. Shall I start over again?

10 Okay.

11 The Trial Chamber renders an oral decision concerning the

12 admission of exhibits. The Trial Chamber's admission of Exhibits 1316

13 and 1317 on the 17th of March, 2008 has been subject to an interlocutory

14 appeal and a ruling by the Appeals Chambers of the 15th April 2008.

15 The Trial Chamber has made its subsequent admission of Exhibits

16 1375 and 1376 contingent on the outcome of that appeal. The Trial

17 Chamber holds that Exhibits 1316, 1317, 1375, and 1376 shall be expunged

18 from the trial record. A written decision giving reasons will follow in

19 due course.

20 Is the transcript on?

21 JUDGE LATTANZI: Yes, it is.

22 JUDGE MOLOTO: Thank you.

23 Does the Chamber have to adjourn to a specific date or to a date

24 to be arranged?

25 Mr. Wood.

Page 8756

1 MR. WOOD: The Prosecution has nothing further, Your Honour.

2 JUDGE MOLOTO: Madam Vidovic.

3 MS. VIDOVIC: [Interpretation] Your Honour, the Defence also has

4 nothing further to add.

5 JUDGE MOLOTO: Okay.

6 [Trial Chamber confers]

7 JUDGE MOLOTO: Mr. Wood, does this mean that the Prosecution does

8 not intend to call in for rebuttal.

9 MR. WOOD: That's correct, Mr. President.

10 JUDGE MOLOTO: Thank you so much.

11 In that event, then the matter stands adjourned to a date to be

12 arranged.

13 Court adjourned.

14 --- Whereupon the hearing adjourned at 2.24 p.m.,

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