Tribunal Criminal Tribunal for the Former Yugoslavia

Page 19239

 1                           Wednesday, 21 September 2011

 2                           [Closed session]

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10                           [Open session]

11             THE REGISTRAR:  We are now in open session, Your Honours.

12             JUDGE KWON:  Thank you.  The Chamber has considered

13     Mr. Robinson's request to grant more time for the cross-examination of

14     witness KDZ-474, and has decided to deny it.  As indicated to the parties

15     on 21 June 2010 and then noted on several subsequent occasions, the

16     Chamber considers a number of factors when deciding what the appropriate

17     time for cross-examination should be.  These include, among other things,

18     the quantity and type of written evidence being tendered, including the

19     number of associated exhibits tendered through Rule 92 ter witnesses, as

20     well as the length of the testimony in the previous case.  Accordingly,

21     having considered these factors with respect to Witness KDZ-474, the

22     Chamber decided that 3.5 -- three and a half -- hours more than adequate

23     to cover the issues raised in the witness's anticipated testimony.

24             It remains of the view that this is appropriate for a thorough

25     and efficient cross-examination.


Page 19240

 1             While the Chamber does take into account the length of a

 2     witness's testimony in a previous case, it does not necessarily follow

 3     that the time for cross-examination should be arrived at by adding the

 4     time spent on examination-in-chief in the previous case to the time spent

 5     on examination-in-chief in this case.  As stated before,

 6     cross-examination is not an exercise in rehashing the same evidence

 7     elicited in various other cases but is an exercise in challenging certain

 8     parts of the witness's evidence which are directly relevant to this

 9     particular case.  Furthermore, as the Chamber indicated many times

10     before, when preparing for cross-examination of Rule 92 ter witnesses,

11     the accused should bear in mind that their cross-examination in the

12     previous case is often also part of the evidence in this case, and thus

13     he should focus his efforts on parts that clearly need further

14     cross-examination or were never properly cross-examined.

15             Finally, the Chamber notes that Mr. Robinson illustrated his

16     submission by using Mr. Panic, whose testimony was completed yesterday,

17     as an example of a witness for whom more time should have been given.

18     However, when asked to point to a specific topic that the accused did not

19     manage to cover with Mr. Panic, Mr. Robinson indicated that the accused

20     was, in fact, able to cover everything.  In essence, Mr. Robinson's

21     submission is that the accused should be given substantially more time

22     than he needs in order not to feel rushed or forced into asking compound

23     questions.  The Chamber considers, however, that this position is

24     untenable.  We repeat our recommendation that Mr. Robinson should advise

25     Mr. Karadzic how to focus his cross-examination on the most relevant


Page 19241

 1     issues first and how to avoid lengthy discussion of peripheral issues, as

 2     well as to demonstrate to him that asking compound questions in fact

 3     wastes more time than it saves.

 4             Let us proceed with the evidence.  We go back to closed session.

 5                           [Closed session]

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22                           [Open session]

23             JUDGE KWON:  Yes, Mr. Tieger?

24             MR. TIEGER:  Thank you, Mr. President.  Mr. President, in lieu of

25     the witness schedule and the timing of this issue, I wanted to quickly


Page 19349

 1     make an oral application for leave to reply to the accused's response to

 2     the motion related to videolink, and we would be asking to reply to three

 3     different issues:  Number 1, the accused's erroneous limitation of the

 4     standard for videolink and reliance on that misstated and limited

 5     standard found at paragraphs 2 to 3; the accused's reliance on a standard

 6     that doesn't exist in the jurisprudence at paragraph 4; and his reliance

 7     upon a position already expressly rejected by the Trial Chamber in

 8     paragraph 5.

 9             I'm not sure that a reply will be deemed necessary by the

10     Chamber.  In light of the timing, it may well be that the Chamber is

11     already focusing on that motion and deems it unnecessary.  If you do

12     grant this motion, we could certainly be apprised -- you can do it on the

13     spot or we could be apprised tomorrow morning and we would be prepared to

14     respond orally given what I understand to be the timing involved.  And

15     when I say respond orally it would be if you did grant us leave I would

16     like the opportunity to at least have a session in between granting and

17     giving the oral reply.

18             JUDGE KWON:  We will come back to you tomorrow morning, first

19     thing.  But my understanding is that the Registry needs at least 10 days

20     to sets up a videolink.

21             MR. TIEGER:  I understand that the Registry has been in the

22     process for doing so for some time in anticipation of the motion and the

23     possibility that it would be granted so I think preliminary steps and

24     preparations are already underway and that the time -- the normal timing

25     would not be an obstacle.


Page 19350

 1             JUDGE KWON:  Very well.  The hearing is now adjourned --

 2             MR. KARADZIC: [Interpretation] May I, Your Honour.

 3             JUDGE KWON:  Yes, Mr. Karadzic?

 4             MR. KARADZIC: [Interpretation] I'm not certain we tendered page

 5     155 in Serbian and 141 into evidence.  We discussed it with the witness

 6     and, in particular, those six demands and the final remarks by Talic.

 7     This is Rasula's diary.

 8             JUDGE KWON:  That -- if not, that will be added to the exhibit.

 9     I thank again the staff for their indulgence.  It has been added.

10             9.00, tomorrow morning.

11                           --- Whereupon the hearing adjourned at 3.07 p.m.,

12                           to be reconvened on Thursday, the 22nd day of

13                           September, 2011, at 9.00 a.m.

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