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1 Tuesday, 7 September 2010
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 2.17 p.m.
5 JUDGE KWON: Good afternoon, everybody.
6 Yes, Ms. Edgerton. Do you have anything to raise?
7 We began today in the open session to deal with some
8 administrative matters before we continue to hear the evidence of KDZ88
9 in closed session.
10 The Chamber notes that the witness scheduled to testify
11 immediately after KDZ88 is Bakir Nakas. This witness was originally
12 proposed under Rule 92 bis, but the Chamber required that he be called
13 for cross-examination pursuant to Rule 92 ter.
14 The Prosecution has indicated that it requires 15 minutes for its
15 direct examination of Mr. Nakas, but has not yet informed the Chamber,
16 nor the accused, whether it is tendering the transcript of his testimony
17 in one of the prior cases in which he has given evidence or, rather,
18 producing an amalgamated statement for him. For this reason, the Chamber
19 has been unable to make its assessment of the appropriate time for
20 cross-examination of Nakas by the accused, who has, in any event,
21 requested six hours.
22 Therefore, Mr. Tieger, before we give our usual indication of the
23 maximum time available for cross-examination of this witness, can you
24 inform us, either now or at the end of today's session, what you intended
25 to offer as the Rule 92 ter statement of Mr. Nakas?
Page 6251
1 MR. TIEGER: Your Honour, I think I could answer that now. But
2 out of an abundance of caution, let me double-check and get the answer to
3 the Court as quickly as possible, and certainly no later than the time
4 indicated by the Court.
5 JUDGE KWON: Thank you, Mr. Tieger.
6 Also of relevance to Mr. Nakas, the Chamber notes that it is
7 seized of the accused's 14th motion for finding of disclosure violation
8 and for remedial measures which makes reference to the disclosure by the
9 Prosecution on 31st of August this year, of two additional statements
10 made by Nakas. One of the suggested remedies for this alleged disclosure
11 violation is the postponement of the testimony of this witness until the
12 new year.
13 While Bakir Nakas is scheduled to testify following KDZ88, the
14 Trial Chamber is not satisfied that the disclosure in this case of two
15 2-page statements would warrant postponement of his testimony until 2011.
16 The Trial Chamber will issue a full written decision on whether the
17 disclosure of these two statements amounts to a disclosure violation in
18 due course.
19 Finally, I would like to deliver an oral ruling on the accused's
20 request, dated 2nd September 2010, in which Mr. Karadzic requested the
21 presence of Defence expert Dr. Zorica Subotic in the courtroom during the
22 testimony of two Prosecution witnesses, KDZ194 and Milomir Soja. The
23 Prosecution did not oppose this request. In light of the anticipated
24 technical nature of these witnesses' testimony, we will grant the request
25 to have Dr. Subotic present in the courtroom during the testimony of
Page 6252
1 these two witnesses.
2 Unless there's other matters to be raised, we'll go into closed
3 session and resume the evidence of KDZ88.
4 [Closed session]
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12 --- Whereupon the hearing adjourned at 7.00 p.m.
13 to be reconvened on Wednesday, the 8th day of
14 September, 2010, at 9.00 a.m.
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