1 Friday, 8 March 2002
2 [Open session]
3 --- Upon commencing at 9.05 a.m.
4 [The accused entered court]
5 JUDGE AGIUS: Good morning, Mr. Brdjanin. Can you hear me in a
6 language that you can understand?
7 THE ACCUSED BRDJANIN: [Interpretation] Good morning, Your
8 Honours. Yes, I can.
9 JUDGE AGIUS: Thank you. You may sit down.
10 General Talic, can you hear me in a language that you can
12 THE ACCUSED TALIC: [Interpretation] Good morning, Your Honours.
13 Yes, I can.
14 JUDGE AGIUS: Good morning to you.
15 I think we can have the case called, please.
16 THE REGISTRAR: Good morning, Your Honours. This is case number
17 IT-99-36-T, the Prosecutor versus Radoslav Brdjanin and Momir Talic.
18 JUDGE AGIUS: Appearances for the Prosecution.
19 MS. KORNER: Good morning, Your Honours. Joanna Korner for the
20 Prosecution, assisted by Denise Gustin, case manager.
21 JUDGE AGIUS: Good morning to you.
22 Appearances for Mr. Brdjanin.
23 MR. ACKERMAN: Good morning, Your Honours. I am John Ackerman.
24 Ms. Radosavljevic is --
25 JUDGE AGIUS: Is on her way. She just passed through the gallery.
1 MR. ACKERMAN: Okay. She was engaged in an adversarial
2 relationship with a copy machine. I think she'll be here momentarily
3 JUDGE AGIUS: Thank you. That's quite an interesting
4 relationship, I must say.
5 Appearances for General Talic.
6 MR. PITRON: [Interpretation] Good morning, Mr. President. Good
7 morning, Your Honours. For General Talic, Michel Pitron, Natasha Fauveau
8 and Fabien Masson.
9 JUDGE AGIUS: So we can proceed.
10 Are there any preliminaries before we start?
11 MS. KORNER: Just one matter, Your Honour. Your Honour, on the
12 list of witnesses, following the --
13 JUDGE AGIUS: One moment. Let me find my list, because usually I
14 keep that in a special folder, for obvious reasons.
16 MS. KORNER: Your Honour will see that the next witness after this
17 one should have been number 8. We've already said that we won't be
18 calling him.
19 JUDGE AGIUS: That's what you told me, yes.
20 MS. KORNER: Number 9 will be the following witness, who I
21 anticipate will take a little time. There are a lot of documents.
22 JUDGE AGIUS: Yes.
23 MS. KORNER: Then it's number 10. I tell Your Honour straight
24 away, we have seen him yesterday. We are not satisfied that we can
25 properly put him forward as a witness of truth, and therefore, we do not
1 intend to call him. The evidence largely affected Mr. Brdjanin. I've
2 already told Mr. Ackerman. I don't believe I've told counsel for
3 General Talic. But Your Honour, we do not feel it right to put him
4 forward, and so he will not be called.
5 JUDGE AGIUS: This is 7.152, in other words. No?
6 MS. KORNER: It is, yes. He was a protected witness.
7 JUDGE AGIUS: Yes.
8 MS. KORNER: Your Honours, so the witness after number 7 -- number
9 9 will be witness number 11.
10 JUDGE AGIUS: Yes, okay --
11 MS. KORNER: Your Honour, I anticipate he's likely to be a lengthy
13 JUDGE AGIUS: 7.158, I anticipate is going to be a lengthy
14 witness, too.
15 MS. KORNER: He's the one I'm talking about. He really is going
16 to be lengthy.
17 JUDGE AGIUS: I think so. From what I have read -- I've read his
18 statements and also seen the documents that you have listed. And it's
19 going to take --
20 MS. KORNER: Yes, Your Honour, that's the difficulty of course.
21 He's one of the witnesses who is able to, if I can put it this way, give
22 indicia of reliability to these documents. And I'm afraid the only way of
23 doing it is taking the --
24 JUDGE AGIUS: Yes. No, no, I'm not commenting on that.
25 MS. KORNER: Your Honour, I don't think -- if I can just very
1 quickly deal with -- there's no realistic prospect that we can complete
2 the Banja Luka municipality before the Easter break. The witness, as I
3 say, number 11, is also likely to be lengthy.
4 Your Honour, I'm going to return to the question of witness
5 summons next week. I'm just -- I just need to get some further
6 information. And we anticipate that witness 7.4, he was missed out of the
7 list originally, but I think he comes -- I've forgotten what number he is
9 JUDGE AGIUS: Number 15 he is now.
10 MS. KORNER: Number 13. Sorry?
11 JUDGE AGIUS: 15. 15, I have it.
12 MS. KORNER: Yes, we are anticipating that numbers 15 and 16,
13 that's 7.46, will not now be called until after the break.
14 JUDGE AGIUS: Okay.
15 MS. KORNER: 15, guessing, not too long. 16, 7.46, clearly is
16 going to be a lengthy witness as well.
17 JUDGE AGIUS: I don't know. I haven't ...
18 MS. KORNER: Your Honour, you haven't got the statements yet.
19 We'll make sure that before the Easter break you get both statements.
20 JUDGE AGIUS: Okay.
21 Yes. Anything else before we bring in the witness?
22 Yes, Mr. Ackerman.
23 MR. ACKERMAN: There's the matter I raised right at the end
24 yesterday, Your Honour, which must be dealt with in closed session.
25 JUDGE AGIUS: Yes. Can we go in closed session, please.
1 [Closed session]
13 Pages 2905-2995 – redacted – closed session
1 --- Whereupon the hearing adjourned
2 at 1.44 p.m., to be reconvened on Monday,
3 the 11th day of March, 2002, at 9.00 a.m.