Tribunal Criminal Tribunal for the Former Yugoslavia

Page 6250

 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]

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)

Page 6253

 1

 2

 3

 4

 5

 6

 7

 8

 9

10

11  Pages 6253-6323 redacted. Closed session.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Page 6324

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

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.

15

16

17

18

19

20

21

22

23

24

25