Tribunal Criminal Tribunal for the Former Yugoslavia

Page 18569

1 Tuesday, 1 July 2003

2 [Open session]

3 --- Upon commencing at 9.05 a.m.

4 [The accused entered court]

5 JUDGE AGIUS: Yes, Madam Registrar, call the case, please.

6 THE REGISTRAR: Yes, Your Honour. Good morning, Your Honours.

7 This is case number IT-99-36-T, the Prosecutor versus Radoslav Brdjanin.

8 JUDGE AGIUS: Thank you. Mr. Brdjanin, good morning to you. Can

9 you hear me in a language that you can understand?

10 THE ACCUSED: [Interpretation] Good morning, Your Honours. I can

11 hear you and I can understand.

12 JUDGE AGIUS: I thank you. Please take a chair. Appearances for

13 the Prosecution?

14 MR. NICHOLLS: Good morning, Your Honours. Julian Nicholls with

15 Anna Richterova and Denise Gustin.

16 JUDGE AGIUS: I thank you, Mr. Nicholls and good morning to you.

17 Appearances for Radoslav Brdjanin?

18 MR. CUNNINGHAM: Good morning, Your Honours I'm David Cunningham.

19 Today I'm assisted by Aleksandar Vujic and Annegreth Niemann. Ms. Niemann

20 is an intern with our office and with your permission she would like to

21 sit in today.

22 JUDGE AGIUS: Welcome and good morning to you. Any preliminaries

23 before we proceed with the witness, Mr. Cunningham?

24 MR. CUNNINGHAM: No, Your Honour.

25 JUDGE AGIUS: Mr. Ackerman?

Page 18570

1 MR. CUNNINGHAM: Mr. Ackerman is going to be in tomorrow. The

2 Court had asked me earlier about motions. He had filed -- he tells me

3 that he filed objections yesterday, I believe, with respect to Kotor

4 Varos. I think the Court also has outstanding the 92 bis motion with

5 respect to Kotor Varos. We don't have any objection to the original

6 witnesses that were submitted to appear as 92 bis witnesses. I believe

7 the Prosecution has two sexual assault victims that they want to add to

8 that list. We do not -- we would agree that they do not need to come to

9 testify, that we have no problems with that portions of their statements

10 that deal with the sexual assaults but there is some extraneous matters

11 that we would ask to be redacted from those statements.

12 JUDGE AGIUS: But the agreement, Mr. Cunningham, was last week, at

13 least, when Ms. Korner was here, that you were expected to go through

14 those statements, indicate the parts you wanted to be redacted or excised

15 and then we will proceed accordingly. So the Prosecution is still waiting

16 for a -- the proposed redactions from the statements.

17 MR. CUNNINGHAM: I can do that at the break, Your Honour.

18 JUDGE AGIUS: All right. Okay. Because then we can decide. We

19 have gone through the statements ourselves. It's true that there are

20 parts that relate only to the sexual offences and others that go beyond

21 and deal with other important aspects of the events but if you want those

22 to be redacted, then obviously the Prosecutor must give time to the

23 Prosecution to decide whether to go ahead or to drop the whole idea and I

24 think between the two options it's clear to me what's going to happen.

25 Also -- we also have two further motions for protective measures,

Page 18571

1 22nd and 23rd which I got yesterday and if you can perhaps go through

2 those as well and let us know what your position is, Mr. Cunningham?

3 MR. CUNNINGHAM: Judge, I believe Mr. Ackerman's position

4 throughout this trial is we have no objection if they want pseudonym,

5 voice and image distortion.

6 JUDGE AGIUS: All right. Okay.

7 [Trial Chamber and legal officer confer]

8 JUDGE AGIUS: So let's go into private session immediately and

9 bring in the witness.

10 [Private session]

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2 --- Whereupon the hearing adjourned at

3 1.47 p.m., to be reconvened on Wednesday,

4 the 2nd day of July, 2003, at 9.00 a.m.

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