1 Friday, 16 December 2011
2 [Initial Appearance]
3 [Open session]
4 --- Upon commencing at 2.16 p.m.
5 JUDGE KWON: Good afternoon, everyone. Would the registrar
6 please call the case.
7 THE REGISTRAR: Good afternoon, Your Honour. This is the
8 contempt case of Milan Tupajic, case number IT-95-5/18-R77.2.
9 JUDGE KWON: I am Presiding Judge O-Gon Kwon in
10 Trial Chamber III. I have been designated to hear this Initial
11 Appearance of Mr. Tupajic. Before we proceed further, I would like to
12 apologies to everyone for the delay which was caused by the technical
13 difficulties which were not fixed yet, so we will do without the LiveNote
14 unless parties are opposed to it.
15 First I would like the counsel appearing for Mr. Tupajic to now
16 introduce himself.
17 MR. O'SULLIVAN: Good afternoon, Your Honour. Eugene O'Sullivan
18 for Mr. Tupajic.
19 JUDGE KWON: Good afternoon, Mr. O'Sullivan.
20 Although the Chamber decided to prosecute this matter itself
21 pursuant to Rule 77(D)(2), the Prosecution has also been given the option
22 to attend this hearing if it so wishes. I see that Prosecution is also
23 present here today. Could I have the appearances.
24 MR. TIEGER: Yes, Mr. President. Alan Tieger appearing.
25 JUDGE KWON: Mr. Tupajic, I would now like to ask you whether you
1 are able to follow the proceedings in a language that you understand.
2 Are you receiving the interpretation into your own language?
3 THE ACCUSED: [Interpretation] Yes, Mr. Kwon, I am receiving
5 JUDGE KWON: Thank you. I first have to go through certain
6 formalities. I'd first like to ask you to state your full name.
7 THE ACCUSED: [Interpretation] I am Milan Tupajic.
8 JUDGE KWON: Thank you, Mr. Tupajic. And your date and place of
9 your birth for the record.
10 THE ACCUSED: [Interpretation] I was born on the 2nd of June,
11 1954, at Knezina municipality of Sokolac.
12 JUDGE KWON: Thank you. Thank you, Mr. Tupajic. You were
13 transferred to the United Nations Detention Unit in The Hague yesterday,
14 i.e., 15th of December, 2011, and can I take it that your family is aware
15 of that transfer?
16 THE ACCUSED: [Interpretation] Upon my arrival to the
17 Detention Unit, I briefly contacted my wife so that she is aware of my
19 JUDGE KWON: Thank you. I would like to check as well that you
20 have received a copy of the Order in Lieu of indictment dated 30th of
21 November, 2011, in your own language and that you have understood its
23 THE ACCUSED: [Interpretation] Yes, I received it, and I fully
24 understood it.
25 JUDGE KWON: Now you are represented here today by
1 Mr. Eugene O'Sullivan. Are you satisfied with your representation here
3 THE ACCUSED: [Interpretation] Well, I had the chance to speak to
4 Mr. O'Sullivan twice and for the time being I'm satisfied. How things
5 will develop, I don't know, but I expect the situation to remain
7 JUDGE KWON: Thank you. Mr. Tupajic, you are being charged with
8 one count of contempt for refusing to comply with the Chamber's first
9 subpoena ad testificandum issued on 23rd September 2011, and the second
10 subpoena ad testificandum issued on 3rd of November, 2011.
11 After you failed to comply with the first subpoena, the Chamber,
12 having found that your reasons put forth in your response did not
13 constitute a just excuse justifying your noncompliance with the subpoena
14 issued a second subpoena, but you continued to refuse to comply.
15 So can I now ask that it is still your position today,
16 Mr. Tupajic? If necessary, we may go into private session.
17 THE ACCUSED: [Interpretation] I don't think my reply requires
18 private session. I maintain that the reasons that I stated before the
19 subpoena was served, and I stated them to the OTP in writing, and I also
20 gave them to Mr. Tieger orally, and as well as other reasons that I did
21 not put in writing are justified and constitute a valid foundation for my
23 JUDGE KWON: So we continue with this initial, Mr. O'Sullivan.
24 Now, Mr. O'Sullivan, the accused is entitled to have the
25 indictment read out in court. Does Mr. Tupajic wish the Order in Lieu of
1 Indictment to be read out now or does he waive that right?
2 MR. O'SULLIVAN: Your Honour, I will defer to Mr. Tupajic on
3 this -- on this point.
4 JUDGE KWON: Mr. Tupajic, you are entitled to have the indictment
5 read out in this courtroom now. Would you like that Order in Lieu of
6 Indictment to be read out now?
7 THE ACCUSED: [Interpretation] I understood the order fully, and
8 as for me personally, there is no need for it to be read out. If it is,
9 however, required for the public, I do not oppose that.
10 JUDGE KWON: Thank you. I don't think it's necessary.
11 Now pursuant to Rule 62(A)(iii), Mr. Tupajic, you can enter a
12 plea to the charges of contempt set out in the Order in Lieu of
13 Indictment today if you so choose, or you can decide to postpone your
14 plea for a period of up to ten days in accordance with Rule 77(E).
15 Did you discuss this with your counsel, and how do you wish to
17 THE ACCUSED: [Interpretation] I've spoken to counsel about this.
18 We spoke today. But I took my decision earlier, in 2009, and informed
19 the OTP in writing. I believe that a copy of this letter of mine to the
20 OTP should be available. Since June 2009, I have not changed my decision
21 and couldn't change it either, and I stand by it still.
22 JUDGE KWON: I don't think you understood my question. I was
23 asking whether you would like to plead today or postpone it up to ten
24 days. Are you prepared to plead to the charges?
25 THE ACCUSED: [Interpretation] I wish to state my plea today.
1 JUDGE KWON: Mr. Tupajic, if you could rise, please.
2 [The accused stands up]
3 JUDGE KWON: Mr. Tupajic, you are charged with contempt of court
4 under Rule 77(A)(iii) of the Tribunal's Rules of Procedure and Evidence.
5 How do you plead?
6 THE ACCUSED: [No interpretation]
7 JUDGE KWON: I'm not sure I heard the interpretation. Could you
8 repeat your answer.
9 THE ACCUSED: [Interpretation] I plead innocent.
10 JUDGE KWON: Thank you. Please be seated.
11 I would ask the Registrar to record your plea of not guilty.
12 Mr. Tupajic, in light of the nature of the charge against you and
13 all the circumstances, it is in your interest to have this matter
14 resolved as quickly as possible. Given your plea, this means setting a
15 date for the trial which should be a short hearing of no more than a day
16 or two following which the Chamber will issue its judgement. At that
17 trial you will be entitled to call witnesses, and you may choose to
18 testify yourself. This is all for you to discuss with your counsel.
19 Therefore, I would like to ask you through your counsel how long
20 you consider you will need to prepare for the trial.
21 Mr. O'Sullivan.
22 MR. O'SULLIVAN: Your Honour, may I request that we move into
23 private session very briefly.
24 JUDGE KWON: Very well. Could the Chamber move into private
1 [Private session]
11 Page 7 redacted. Private session.
9 [Open session]
10 THE REGISTRAR: Your Honour, we're back in open session. Thank
12 JUDGE KWON: As this is a contempt case and I do not believe that
13 there are any issues of disclosure or that these proceedings should be
14 prolonged unnecessarily, should you wish to file any preliminary motions,
15 you should do so within ten days from today in accordance with
16 Rule 77(E).
17 Do you understand that, Mr. Tupajic?
18 THE ACCUSED: [Interpretation] Yes. However, I need assistance
19 by -- by an attorney, because I'm not a lawyer, although I did learn much
20 through my participation in proceedings here. But I cannot afford to
21 hire a lawyer of my own choice whom I would be able to pay, so I ask the
22 Tribunal to appoint a Defence counsel for me so that we can embark on
23 that new process together.
24 JUDGE KWON: I believe that Registry would pay utmost care in
25 appointing a Defence counsel for you.
1 Mr. Tupajic or Mr. O'Sullivan, are there any other matters to be
2 raised today?
3 MR. O'SULLIVAN: The -- the only other matter, Your Honour, is --
4 it seemed to be suggested that a trial date will be fixed, and I -- it
5 appears that this will not take place before the end of the winter
6 recess, and therefore I would be requesting that Mr. Tupajic be released
7 and allowed to return home pending the -- the trial in this matter.
8 JUDGE KWON: I would prefer to have it in writing. Could you do
10 MR. O'SULLIVAN: I'm sorry. I didn't hear you.
11 JUDGE KWON: I wonder if you can put it in writing in a motion
12 for provisional release.
13 MR. O'SULLIVAN: Yes. Yes. Immediately.
14 JUDGE KWON: With all the formalities.
15 MR. O'SULLIVAN: Yes.
16 JUDGE KWON: Thank you.
17 Mr. Tupajic, do you have anything to raise with the Chamber
18 before we adjourn the proceedings?
19 THE ACCUSED: [Interpretation] Well, I don't really have any
20 matters to raise. I'm sorry that I didn't have the opportunity to
21 acquaint this Trial Chamber with all relevant facts. I don't want you to
22 get the impression that I'm doing all I can to -- to not to appear here
23 before this court. That's all that I have, actually.
24 JUDGE KWON: Then -- Mr. Tieger, do you have any observation?
25 MR. TIEGER: No, Mr. President. As the Court noted, I was here
1 on the off chance that some contextual or background information might be
2 helpful, but I don't have anything to add at this time.
3 JUDGE KWON: Very well. That said, considering the court
4 schedule of the Tribunal, the Chamber will issue a Scheduling Order for
5 the trial in due course and will consider the motion if filed by
6 Mr. O'Sullivan.
7 The hearing is now adjourned.
8 --- Whereupon the hearing adjourned at 3.39 p.m.