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1 Tuesday, 12 October 2004

2 [Initial Appearance]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 3.05 p.m.

6 JUDGE BONOMY: Would the Registrar please call the case.

7 THE REGISTRAR: Yes, Your Honour. Good afternoon, Your Honour.

8 This is case number IT-02-58-I, the Prosecutor of the Tribunal against

9 Ljubisa Beara.

10 JUDGE BONOMY: Who appears for the Prosecution?

11 THE INTERPRETER: Your Honour, microphone, please.

12 MR. McCLOSKEY: Good afternoon, Your Honour. My name is Peter

13 McCloskey, and today with me are Lise-Lotte Karlsson and Salvador Viada.

14 JUDGE BONOMY: Thank you, Mr. McCloskey. And for the Defence?

15 MR. GUY-SMITH: Good afternoon, Your Honour. My name is Gregor

16 Guy-Smith and I am appearing on behalf of Mr. Beara.

17 JUDGE BONOMY: Thank you, Mr. Guy-Smith.

18 Now, your client has received a copy of this indictment?

19 MR. GUY-SMITH: He has, Your Honour.

20 JUDGE BONOMY: And it contains six charges of which he is fully

21 aware.

22 MR. GUY-SMITH: He is, Your Honour.

23 JUDGE BONOMY: Is it your intention to tender any plea today in

24 relation to any of these charges?

25 MR. GUY-SMITH: It is not.

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1 JUDGE BONOMY: It follows, therefore, that arrangements will

2 require to be made for an occasion when plea can be tendered within the

3 next 30 days.

4 MR. GUY-SMITH: One would hope.

5 JUDGE BONOMY: Can you give me some indication of when you're

6 likely to be in a position to tender a plea?

7 MR. GUY-SMITH: I believe that we may be in a position to tender a

8 plea somewhere within the next two weeks.

9 JUDGE BONOMY: One possibility is simply to continue this initial

10 appearance for as near the maximum period as possible to avoid any

11 difficulty, so say four weeks, or would you rather it was continued until

12 an earlier date than that?

13 MR. GUY-SMITH: I believe that if we could continue it for the

14 latter period of time, meaning closer to four weeks, that would be

15 preferable.

16 JUDGE BONOMY: All right. Now, Mr. McCloskey, if that is the

17 arrangement and the case is appointed to call again on the 9th of

18 November, that would be four weeks from today, at the same time in the

19 day, would that cause any difficulty for you?

20 MR. McCLOSKEY: No, Your Honour. The only thing that I would

21 request is that when Mr. Beara has decided finally and firmly on his legal

22 counsel, that we be informed, because we do have the confirmation

23 materials, though I've found that it's best to provide them to the actual

24 lawyer that is going to take the case, because otherwise they tend to get,

25 sometimes, caught in betwixt and between.

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1 JUDGE BONOMY: Mr. Guy-Smith, can you help at all on that question

2 when that's likely to be clear?

3 MR. GUY-SMITH: Unfortunately, I can't at this moment. I wish

4 that I could, which is part of the reason I'm asking for as much time as

5 possible.

6 JUDGE BONOMY: Thank you.

7 Mr. Beara, you've heard all that's been exchanged between myself

8 and counsel, I take it. And I take it you understand that the case will

9 be called again in the Tribunal on the 9th of November. Do you

10 understand that?

11 THE ACCUSED: [Interpretation] Yes, I understand that.

12 JUDGE BONOMY: On that occasion, you will be required, in terms of

13 the Rules, to tender a plea of guilty or not guilty to the various charges

14 against you. Do you understand that?

15 THE ACCUSED: [Interpretation] Yes, I understand that.

16 JUDGE BONOMY: Thank you. You may sit again.

17 Now, does either counsel wish to raise any other matter with me?

18 MR. McCLOSKEY: No, Your Honour.

19 MR. GUY-SMITH: None at this time, Your Honour.

20 JUDGE BONOMY: Thank you.

21 [Trial Chamber and legal officer confer]

22 JUDGE BONOMY: Very well. I shall appoint the case to call

23 again --

24 THE ACCUSED: [Interpretation] [Microphone not activated] I wished

25 to ask His Honour whether I can put another question, please.

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1 JUDGE BONOMY: What is your question, Mr. Beara?

2 THE INTERPRETER: Microphone for Your Honour.

3 THE ACCUSED: [Interpretation] It is not really a question, Your

4 Honour. I wish to say something. All of those who will see this or hear

5 this or whatever, my comrades at arms who are now accused and who are

6 fugitives, I wish to send a message to them that they voluntarily

7 surrender as soon as possible to get the stone that is around the neck of

8 our nation off our country. That is what I wish to say to all. Thank

9 you.

10 JUDGE BONOMY: Thank you, Mr. Beara.

11 THE INTERPRETER: Microphone, Your Honour, please. Microphone,

12 please.

13 JUDGE BONOMY: The case will be called again on the 9th of November, on

14 which occasion, Mr. Beara, you will be expected to tender your plea.

15 Thank you.

16 --- Whereupon the Initial Appearance adjourned

17 at 3.12 p.m.