1 Friday, 6 June 2003
2 [Status Conference]
3 [Open session]
4 [The appellants entered court]
5 --- Upon commencing at 2.13 p.m.
6 JUDGE HUNT: Call the case, please.
7 THE REGISTRAR: Good afternoon, Your Honour. Case Number
8 IT-95-14/2-A, the Prosecutor versus Dario Kordic and Mario Cerkez.
9 JUDGE HUNT: Appearances for the Prosecution.
10 MS. BOELAERT-SUOMINEN: Good afternoon, Your Honour. Sonja
11 Boelaert-Suominen for the Prosecutor --
12 JUDGE HUNT: You haven't got your microphone on.
13 MS. BOELAERT-SUOMINEN: Good afternoon, Your Honour.
14 Sonja Boelaert-Suominen appearing for the Prosecutor with my colleague,
15 Michelle Jarvis, and our case manager, Nikki Bonfield.
16 JUDGE HUNT: Thank you. For General Kordic.
17 MR. NAUMOVSKI: [Interpretation] Good afternoon, Your Honour.
18 Mitko Naumovski, lawyer from Zagreb for Mr. Dario Kordic, and with me I
19 also have my colleagues at Hunton Williams, Stephen Sayers, they were in
20 telephone communication with me.
21 JUDGE HUNT: I hope that they can hear us.
22 MR. SAYERS: We can, Your Honour.
23 JUDGE HUNT: Yes, thank you.
24 And for Mr. Cerkez.
25 MR. KOVACIC: [Interpretation] Good afternoon, Your Honour.
1 Bozidar Kovacic, lawyer from Croatia as before.
2 JUDGE HUNT: Can each of the accused hear the proceedings in a
3 language which they understand? General Kordic.
4 THE APPELLANT KORDIC: [Interpretation] Good afternoon. Thank you,
5 yes, I can follow it all.
6 JUDGE HUNT: Mr. Cerkez.
7 THE APPELLANT CERKEZ: [Interpretation] Good afternoon, Your
8 Honour. I can understand everything.
9 JUDGE HUNT: Thank you very much.
10 This is a Status Conference being called in accordance with the
11 provisions of Rule 65 bis. And so far as I can see, only for the
12 purpose -- are there any matters which the Prosecution would like to
14 MS. BOELAERT-SUOMINEN: No, Your Honour. We don't have any
15 particular matters we wish to raise. Everything has been fully briefed as
16 far as we're concerned. Thank you.
17 JUDGE HUNT: Thank you. Mr. Naumovski.
18 MR. NAUMOVSKI: [Interpretation] Your Honours, we do not have any
19 particular questions we'd like to raise today. I merely wish to remind
20 you of the salient matters that still await resolution. We do not have
21 any new issues that we want to raise.
22 JUDGE HUNT: If you mean the application which you have made to
23 see the documents which Mr. Cerkez has filed, is that what you mean?
24 MR. NAUMOVSKI: [Interpretation] Well, that is one of the things,
25 yes, correct. Mr. Sayers has prepared a list of these issues, and with
1 your leave, he may remind us of what this is about.
2 JUDGE HUNT: Thank you very much. Yes, Mr. Sayers.
3 MR. SAYERS: Your Honour, there are four matters that come to
4 mind. This is an application to file a supplemental appellant's brief
5 covering the Rule 68 violations that the Kordic Defence have made and that
6 have been made by the Prosecution. As you pointed out, we're seeking
7 access to the ex parte submissions made by Mr. Cerkez and by the
8 Prosecution relating to the Rule 115 motions filed by Mr. Cerkez. In
9 another case, our motions for access to a fourth set of Rule 115
10 submissions made by General Blaskic. Then there's the issue relating to
22 As to the one in relation to the Blaskic proceedings, I'm afraid I
23 have nothing to do with that here. That is a matter for the Appeals
24 Chamber which is hearing the Blaskic case.
25 The ex parte documents, we're still waiting for a response to the
1 last of the matters so that they can both be heard together, or dealt with
3 As to the filing supplementary brief in relation to the Rule 68
4 material, I had been anticipating an application for them to be tendered
5 under Rule 115, but if that's not going to be done, then clearly you would
6 be entitled to deal with it in a supplementary brief. But so far as I
7 know, there is no such application presently filed. It may be on its way
8 to us, but it hasn't arrived on my desk yet. But thank you --
9 MR. SAYERS: Well, there, Your Honour, we've received the closed
10 session materials from the Blaskic case, the closed session testimony of
11 General Blaskic, from the Prosecution. I got that about two days ago.
12 JUDGE HUNT: I'm sorry.
13 MR. SAYERS: It numbers hundreds of pages and we haven't had the
14 opportunity yet fully to scrutinise it, but once we have, if that's going
15 to be the subject of a Rule 115 motion, that motion will be expeditiously
17 JUDGE HUNT: Mr. Sayers, you're breaking up a little bit. I'm not
18 sure how good the telephone line is. How long ago did you get the
20 MR. SAYERS: Two days.
21 JUDGE HUNT: Oh. I see, all right. That's why we haven't got an
22 application yet.
23 MR. SAYERS: That's right. And with respect to the AT material,
24 we --
25 JUDGE HUNT: You, I'm sorry?
1 MR. SAYERS: We obviously do not have the AT materials, the
2 additional material yet.
3 JUDGE HUNT: Have you had a copy of the application for protective
5 MR. SAYERS: Yes, I got that about an hour ago.
6 JUDGE HUNT: Yes, so did I. Very well. Then we're fairly up to
7 date by the look of it. But the one matter in relation to the ex parte
8 documents, of course, which we have to consider with some care, is your
9 standing to be heard on them. But that's a matter which, no doubt, will
10 be dealt with when we give the decision.
11 Any other matters? Yes.
12 MS. BOELAERT-SUOMINEN: Your Honour, if I may, the Prosecution
13 intends to file a response to the Kordic and Cerkez application for access
14 to the ex parte documents filed by Cerkez, and we will be doing that on
16 JUDGE HUNT: Tuesday.
17 MS. BOELAERT-SUOMINEN: Yes.
18 JUDGE HUNT: I wasn't suggesting that you're out of time --
19 MS. BOELAERT-SUOMINEN: Not yet.
20 JUDGE HUNT: But we want to get the whole of that dealt with
22 MS. BOELAERT-SUOMINEN: Your Honour, there is one other matter I
23 would like to raise, but unfortunately I would have to ask to go into
24 closed session for that briefly.
25 JUDGE HUNT: When you say closed session, you mean just with no
1 sound? We've got a lot of people in the public gallery, which we can pull
2 the blinds down if you want. Do you think they can lip read?
3 MS. BOELAERT-SUOMINEN: I don't think so. I'll turn my head
4 towards you, so no.
5 JUDGE HUNT: We'll treat it as the sound turned off for the public
6 gallery until you've finished.
7 [Private session]
13 [Open session]
14 JUDGE HUNT: Right, we are now back in public session. Is there
15 anything else that anybody wants to raise?
16 Well, thank you very much for coming. I hope you have a pleasant
17 holiday weekend. It's a shame we had to be here for this afternoon. I'll
18 adjourn now.
19 --- Whereupon the Status Conference adjourned
20 at 2.24 p.m.