1 Wednesday, 30 October 2002
2 [Status Conference]
3 [Open session]
4 --- Upon commencing at 12.30 p.m.
5 JUDGE MUMBA: Please call the case.
6 THE REGISTRAR: Good afternoon, Your Honour. Case number
7 IT-02-61-PT, the Prosecutor versus Miroslav Deronjic. Thank you.
8 JUDGE MUMBA: May I have the parties for the Prosecution.
9 MR. HARMON: Good afternoon, Your Honour. My name is Mark Harmon
10 representing the Office of the Prosecutor in these proceedings. Appearing
11 with me is Mr. David Leese.
12 JUDGE MUMBA: Thank you. May I have the Defence, please.
13 THE INTERPRETER: Microphone, please.
14 JUDGE MUMBA: Your microphone, please.
15 MR. CVIJETIC: [Interpretation] Good afternoon, Your Honour. I'm
16 Slobodan Cvijetic, lead counsel for the accused Miroslav Deronjic. Thank
18 JUDGE MUMBA: The accused, I would like to find out whether you
19 can hear the proceedings in a language you understand?
20 THE INTERPRETER: Microphone, please.
21 THE ACCUSED: [Interpretation] Your Honour, yes, I can hear very
22 well, and I understand everything.
23 JUDGE MUMBA: Thank you. This is a Status Conference to look at
24 the preparatory stages for this case before the trial is held. The first
25 point, I wanted to find out from the Defence counsel is about his
1 assignment to this case, because the previous record showed that the
2 assignment was for a limited period. May I know whether you are now
3 taking the case forward?
4 MR. CVIJETIC: [Interpretation] Yes, Your Honour. I shall be
5 appearing for the accused Miroslav Deronjic throughout the trial, and on
6 his behalf, I have submitted to the Court all the documents necessary for
7 him to be assigned counsel throughout the trial.
8 JUDGE MUMBA: Thank you. Now I'll turn to the Prosecution on the
9 delivery of supporting material. How far has the Prosecution gone in this
11 MR. HARMON: Yes, Your Honour. The Prosecution has provided to
12 Mr. Deronjic all of the confirming materials in a language he understands.
13 We did so on the day of his initial appearance. We have subsequently
14 provided to him all prior statements that he has made pursuant to Rule
15 66(A)(i) and we have additional discovery materials that we will be
16 providing to him later this week.
17 JUDGE MUMBA: The additional material you are talking about, is
18 this still under 66(A)(i) or is it under 66(A)(ii).
19 MR. HARMON: It's under 66(A)(ii).
20 JUDGE MUMBA: All right. Any disclosures under Rule 68.
21 MR. HARMON: I believe there will be some materials under Rule 68
22 as well.
23 JUDGE MUMBA: Yes. When you say this week, because this is
24 Wednesday today.
25 MR. HARMON: Yes. I am advised by my staff that these materials
1 currently have been copied and they are available to be disclosed. It's
2 just a question of finalising the package of materials to provide to the
4 JUDGE MUMBA: I see. The Trial Chamber is keen to have this stage
5 of the preparatory stage completed as quickly as possible, because it
6 normally holds the preparation stages because the Defence are not given
7 the materials on time. I know that the form of the indictment decision
8 has just been released by the Trial Chamber, but the amendments which are
9 being sought or which are ordered under the motion by the Defence have
10 nothing to do with variation of the charges. They are dealing with
11 details of the factual allegations and forms of liability. So the
12 disclosure process should be able to go on on time and as quickly as
14 MR. HARMON: We agree.
15 JUDGE MUMBA: Yes. Any comments from the Defence on the process
16 of disclosure?
17 MR. CVIJETIC: [Interpretation] No, Your Honour. We have already
18 had our first meeting with Mr. Harmon, and we have received some promises
19 from him that the disclosure will proceed according to the Rules of
20 Procedure and Evidence.
21 JUDGE MUMBA: Thank you. I would like to say that so far there
22 hasn't been a meeting by the Senior Legal Officer according to the Rules
23 on the preparation of this case, but the meeting will be scheduled soon
24 thereafter. So the Trial Chamber would very much appreciate the process
25 of disclosure to move very fast, because then it will provide materials
1 for discussion at the meeting which the Defence may want to deal with.
2 Looking at this case and the main stages that are remaining, the
3 Trial Chamber is of the view that it should be -- the trial -- the
4 preparatory stage should be completed by the end of February 2003 because
5 it's a fairly short case, and all things being equal, there should be no
6 hitches in the preparatory stage.
7 I would now turn to the accused. I would like to find out if
8 there is anything he would like to raise regarding his stay at the
9 Detention Unit. Anything to do with your health or any other matters that
10 you'd like Trial Chamber is of the view that it should be -- the trial --
12 preparatory stage should be completed by the end of February 2003 because
13 it's a fairly short case, and all things being equal, there should be no
14 hitches in the preparatory stage.
15 I would now turn to the accused. I would like to find out whether
16 there is anything he would like to raise regarding his stay at the
17 Detention Unit. Anything to do with your health or any other matters that
18 you'd like the Trial Chamber to know about. And if everything is okay at
19 the Detention Unit, then that's fine.
20 THE ACCUSED: [Interpretation] Your Honour, at this point in time,
21 I have nothing special to say. Within the Rules that we have been
22 accorded, I am quite satisfied.
23 JUDGE MUMBA: Thank you very much. You may be seated.
24 I would like to find out from the Defence, there was an
25 application for leave to file a motion confidentially, and leave was
1 granted by the Trial Chamber, and it's been some time. So I wanted to
2 find out whether there will be any follow-up.
3 MR. CVIJETIC: [Interpretation] Your Honour, I thought it would not
4 be fair to file this motion before I talk to Mr. Harmon or, rather, to the
5 Office of the Prosecutor. We have had this discussion, and now my client
6 and I can finally reach a decision as to whether we are going to file this
7 motion. Thank you.
8 JUDGE MUMBA: Very well, then. Any other matters from the
10 MR. HARMON: None, Your Honour.
11 JUDGE MUMBA: Any other matters the Defence would like to raise?
12 MR. CVIJETIC: [Interpretation] Your Honour, no, not for the time
14 JUDGE MUMBA: Very well, then. The senior legal officer will
15 schedule a meeting as I have said as soon as he is ready by intimation
16 from both parties, and thereafter a time schedule will be issued for the
17 preparatory stage to be completed in this case so that the trial can
18 perhaps take place early next year.
19 Very well. There being no other business, this is the end of the
20 Status Conference and the Court will rise.
21 --- Whereupon the Status Conference adjourned
22 at 12.41 p.m.