Page 10364
1 Wednesday, 14 June 2006
2 [Open session]
3 [The accused entered court]
4 [The witness entered court]
5 --- Upon commencing at 9.34 a.m.
6 JUDGE PARKER: Good morning. I would indicate that Judge Van Den
7 Wyngaert is still affected. The medical advice is uncertain. She may be
8 able to be back on Friday, or it may be next Monday. We will continue to
9 sit during this week in her absence.
10 The next witness is a protected witness. If I could greet him.
11 Good morning. Would you please -- if we would go into closed session.
12 And if you, sir, would please take this card and read aloud the
13 affirmation.
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24 [Open session]
25 MR. MOORE: Your Honour, it's to do with the witness Pringle, who
Page 10467
1 gives evidence next week. There has been a motion launched by the Defence
2 in respect of his report. Can I just indicate in very general terms that
3 his report really broke into three parts. One, his report related to his
4 own experience for command and control as a former major-general of the
5 British army; secondly, his observations in respect of, I think it was
6 General Zorc, who was a JNA general and who had prepared the report; and
7 thirdly, perhaps the contentious matter, where in the report Pringle
8 himself refers to witnesses in the footnote. It is correct, and my
9 learned friends are right in saying that the initial report which was
10 compiled in August, prior to the end of August, did refer to witnesses
11 that we did not call. We would not seek to rely upon those witnesses for
12 obvious -- or witness statements for obvious reasons.
13 But what I have indicated to my learned friend Mr. Lukic, and I
14 don't know if he's communicated that to my learned friends, the witnesses
15 who gave evidence, the military witnesses, General Pringle has been sent
16 transcripts of their evidence, including the cross-examination. And he's
17 been asked to reconsider his report in the light of the evidence and in
18 particular the cross-examination, and if there is any amendment, then he
19 should add what the amendment would be. My understanding, he has been
20 doing that, that there appears to be, if there are any amendments, there
21 will be minor amendments, his report will be based not on witness
22 statements of witnesses who were not called, but on the evidence that was
23 adduced before the Court, including the cross-examination.
24 I understand Mr. Lukic is perfectly happy with that approach. I
25 hope that my learned friends, Mr. Borovic, and Mr. Vasic, would equally
Page 10468
1 agree that that is the fairest way of dealing with it and perhaps does not
2 require a reply.
3 JUDGE PARKER: Thank you for that. And perhaps overnight you can
4 discuss the matter with counsel.
5 MR. MOORE: Certainly.
6 JUDGE PARKER: And if it is still a live problem, indicate that in
7 the morning. Unless Mr. Vasic and Mr. Borovic know the answer now. Very
8 well. Thank you for that, Mr. Moore.
9 We will now adjourn for the evening resuming at 9.30 in the
10 morning.
11 --- Whereupon the hearing adjourned at 4.36 p.m.,
12 to be reconvened on Thursday, the 15th day of June,
13 2006, at 9.30 a.m.
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