Tribunal Criminal Tribunal for the Former Yugoslavia

Page 3648

1 Wednesday, 20 March 2002

2 [Open session]

3 --- Upon commencing at 9.01 a.m.

4 [The accused entered court]

5 JUDGE AGIUS: Good morning, Mr. Brdjanin. Are you hearing me in a

6 language that you can understand?

7 THE ACCUSED BRDJANIN: [Interpretation] Good morning, Your Honour.

8 I can hear you and understand you. The microphone is not on.

9 JUDGE AGIUS: Yes, General Talic's microphone is on. General

10 Talic, good morning to you can you hear me in a thank that you can

11 understand?

12 THE ACCUSED TALIC: [Interpretation] Good morning, Your Honours, I

13 can hear you and understand you.

14 JUDGE AGIUS: We may have the case called now, please.

15 THE REGISTRAR: Yes, Your Honour. This is case number IT-99-36-T,

16 the Prosecutor versus Radoslav Brdjanin and Momir Talic.

17 JUDGE AGIUS: I thank you. Appearances for the Prosecution?

18 MS. KORNER: I'm tempted to say the usual, Your Honour, but it's

19 Joanna Korner and Denise Gustin.

20 JUDGE AGIUS: Good morning to you. Appearances for Mr. Brdjanin?

21 MR. ACKERMAN: Good morning, Your Honours, John Ackerman with

22 Tania Radosavljevic.

23 JUDGE AGIUS: Good morning to you, Mr. Ackerman. And appearances

24 for General Talic?

25 MR. PITRON: [Interpretation] Good morning, Mr. President, this is

Page 3649

1 Maitre Michel Pitron and Natasha Fauveau-Ivanovic and Fabien Masson for

2 General Talic.

3 JUDGE AGIUS: Good morning. Are there any preliminaries you would

4 like to thrash before we bring the witness in? Okay. So let's get it

5 over and done with hoping you will finish your cross-examination today,

6 Mr. Ackerman.

7 MR. ACKERMAN: I'll do my best, Your Honour.

8 JUDGE AGIUS: Thank you. Mr. Usher? And we go into closed

9 session first.

10 [Closed session]

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11 [Open session]

12 JUDGE AGIUS: We have a couple of minutes to organise ourselves

13 for tomorrow. We having been taken by surprise as much as you have, Ms.

14 Korner.

15 MS. KORNER: Your Honour, the first thing I'm going to do is call

16 Mr. Inayat to deal with the search of the railway station -- the radio

17 station, so that Mr. Ackerman can put such questions as he wants.

18 JUDGE AGIUS: Yes, okay.

19 MS. KORNER: Now, as for the rest of the day, Your Honour,

20 outstanding matters are the question of Variant A/B, but I tend to agree

21 with Mr. Ackerman we may as well wait to see what happens in the Samac

22 case.

23 JUDGE AGIUS: To be frank, I haven't discussed it as yet with my

24 two colleagues but my feeling at the time when you were discussing this

25 yesterday was that it would be wiser to wait until we see how it develops

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Page 3747

1 in the other trial, and then we take it up from there if needs be, or else

2 wait until it goes -- covers the whole journey.

3 MS. KORNER: Your Honour, outstanding is still the matter of the

4 -- but it's really only a question of a date to try and organise the

5 hearing of the application to set aside the witness summons for the

6 journalist. I think that's just a question of organising a date. We are

7 going to reply to the -- both Rule 92 submissions, Mr. Ackerman on

8 effectively the principles, and Madam Fauveau applying the principles we

9 suggest to her objections. That will go in today. And really, that's it,

10 other than the documents.

11 JUDGE AGIUS: And the documents, we will come to that tomorrow.

12 MS. KORNER: Your Honour, one of the ways of doing it, if I've got

13 Mr. Inayat here, is really to just look at the ones that haven't been

14 dealt with. The fourth volume effectively all relates to matters of the

15 military, they are military documents, and they will be dealt with, we

16 hope, to a large extent by Colonel Selak when he testifies so --

17 JUDGE AGIUS: Is he a protected witness or isn't he?

18 MS. KORNER: No, he's not. The other matter that remains is the

19 testimony of -- I'm sorry, the application to read the dead Colonel Klenc

20 [phoen], but I think logically that will have to follow after Colonel

21 Selak's evidence. So what I'm going to suggest and perhaps Your Honours

22 may like to consider it overnight - obviously, I'm in Your Honours'

23 hands - is that when Mr. Inayat is finished testifying over the search of

24 the radio station, and being cross-examined on it, he should then remain

25 in the witness box effectively as just a conduit so we can look at some of

Page 3748

1 the documents.

2 JUDGE AGIUS: Yes, Mr. Ackerman?

3 MR. ACKERMAN: Your Honour, I think it -- my recommendation would

4 be that we deal with Mr. Inayat and adjourn. There is a great deal of

5 work that I have to do with regard to documents the Prosecutor has given

6 me that I haven't had a chance to process yet, the response to their

7 motion regarding the depositions. There are just a number of things I

8 would like to try to get finished before I leave here.

9 It might be helpful, Your Honours, if you would assure Ms. Korner

10 that you will read the exhibits, because she's quite nervous apparently

11 that you won't read them, in spite of what you tell her, and is insisting

12 on reading them to you. And I just think that's an incredible waste of

13 our time and I trust Your Honours to read the exhibits. I don't insist on

14 reading all of mine to you, and I just think that it wastes the time in

15 this courtroom.

16 JUDGE AGIUS: I will take that up. Maybe we will agree with you

17 tomorrow. It depends. Basically, I still want to hear what Ms. Korner

18 has to say and then we will take it up from there. Why should I decide

19 here and now that that's going -- that that's how it's going to be?

20 MS. KORNER: Leaving aside the fact that Mr. Ackerman appears to

21 think that by making it sound that I personally am insulting Your Honour's

22 word on this, it is my view as someone who has dealt with document cases,

23 that however much, even as counsel, one reads documents, it's not always

24 that easy, in reading them in bulk, to take them in. There are certain

25 strands that appear, and the documents, particularly in Banja Luka, are

Page 3749

1 exceedingly important, and that's the only reason, but as I say, I am

2 entirely content to abide by Your Honours' decision.

3 JUDGE AGIUS: We will probably reach some sort of a compromise

4 tomorrow. My attention -- Madam Registrar is really looking anxiously.

5 MR. ACKERMAN: I don't think there is anything else in this

6 Chamber today.

7 JUDGE AGIUS: But in any case, we have the interpreters, they have

8 been here for a long time and their task is as difficult, if not more

9 difficult.

10 MR. ACKERMAN: May I say just very quickly, because you're going

11 to be thinking about this overnight, if what Ms. Korner said is rather

12 than reading documents to you, she wants to point out the various

13 strands --

14 JUDGE AGIUS: That's why I'm saying --

15 MR. ACKERMAN: -- that's argument and she should not be making

16 argument at this point in the trial.

17 JUDGE AGIUS: That's why I'm saying we will visit it tomorrow.

18 Adjourned to tomorrow morning. I thank you. I'm sorry once more.

19 --- Whereupon the hearing adjourned at

20 1.49 p.m., to be reconvened on Thursday, the

21 21st day of March, 2002, at 9.00 a.m.

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