Tribunal Criminal Tribunal for the Former Yugoslavia

Page 6190

 1                           Wednesday, 17 June 2009

 2                           [Open session]

 3                           [The accused entered court]

 4                           [The witness takes the stand]

 5                           --- Upon commencing at 9.04 a.m.

 6             JUDGE PARKER:  Good morning.

 7             May I remind you, sir, that the affirmation that you made to tell

 8     the truth still applies.

 9             Yes, Mr. Djordjevic.

10             MR. DJORDJEVIC:  [Interpretation] Thank you, Your Honour.

11                           WITNESS:  AVDYL MAZREKU [Resumed]

12                           [Witness answered through interpreter]

13                           Cross-examination by Mr. Djordjevic:  [Continued]

14        Q.   Mr. Mazreku, regarding the events from 1998, you said that the

15     police had brought you to a lawn in front of the school and that some of

16     the young men had been taken into the school building where they had been

17     abused and questioned, beaten up.  So are you able to describe for us

18     what actually happened on that occasion, and why were those young men

19     taken inside the school building?  Do you know that?

20             THE INTERPRETER:  The witness doesn't seem to hear anything.

21             THE WITNESS: [Interpretation] Where is the Albanian interpreter?

22             JUDGE PARKER:  Sorry, you may have to repeat that question, sir.

23             THE WITNESS: [Interpretation] Yes, now I hear.

24             MR. DJORDJEVIC:  [Interpretation]

25        Q.   Good morning, Mr. Mazreku.  My question takes us back to 1998

Page 6191

 1     when you explained to us all that the police had brought you to a lawn in

 2     front of the school building.  You said that some young men had been

 3     taken inside the building and that some of them had been beaten up or

 4     whatever it was that happened to them.  Do you know what actually

 5     happened inside the school building and why those young men were taken

 6     in?

 7        A.   They were young people.  They were taken to the school, and they

 8     were beaten up, and then later they were imprisoned.  They were taken to

 9     Prizren.  Some of them did a prison term.

10        Q.   Thank you.  Can you tell me how many young men were taken inside

11     the school building and how many had been taken to Prizren, do you know

12     that, if you remember?

13        A.   I don't know the accurate number, but I would say three or four

14     were taken from there.  They were told that they were KLA members.

15        Q.   Mr. Mazreku, if you can answer my question now, did anything

16     happen to any of those young men after they were taken?  You said that

17     some of them served the prison sentences, others were released, or what

18     is it that actually happened to all the others?

19        A.   I wasn't with them, and I don't know what happened to them.  But

20     they themselves said that they took us to this place.  They -- some of

21     them were taken to Leskovc, some to Nis, I don't know.  But I only know

22     they did this prison term.

23        Q.   Did all of them survive?

24        A.   Yes, yes, they are alive.  They did the prison sentence, and they

25     returned home.

Page 6192

 1        Q.   Thank you.  Mr. Mazreku, let me move on to 1999 now.  In your

 2     statement of the 15th of January, 2000 - at page 3, paragraph 5 in B/C/S;

 3     page 3, paragraph 8 in English, and page 3, paragraph 7 in the Albanian -

 4     you say:

 5             "I saw a total of seven to eight tanks.  I saw that around the

 6     20" -- or "I saw 20, 30, or maybe even 40 Serbs.  They were wearing black

 7     military uniforms and on their backs and on their sleeves it said

 8     'police' in Cyrillic."

 9             So my first question is this:  Those tank, where did you see

10     those seven or eight tanks?

11        A.   Are you asking me about 1999 or 1998?

12        Q.   All my questions now pertain to 1999, Mr. Mazreku, and to the

13     massacre that you described where 106 of your fellow citizens were

14     killed.

15        A.   I will tell you.  There were seven or eight tanks that I already

16     mentioned in my statement, and they were in a place higher than the

17     village.  And they were not wearing black clothes but they were wearing

18     military clothes, and on their back it was written "milicija."

19        Q.   But tell me, were those military tanks the tanks that belonged to

20     the Yugoslav Army?  What colour were they?

21        A.   They were tanks of the army, and they had the SMB colour.  You

22     know what the SMB is.

23        Q.   Yes, yes, I know.  Mr. Mazreku, tell me, you said that they had

24     military uniforms, olive drab uniforms, but were they camouflage

25     uniforms?  I'm talking about the green uniforms now.

Page 6193

 1        A.   No, they were of like grass green colour.  The normal colour that

 2     the Serb military had.

 3        Q.   Mr. Mazreku, yesterday when my learned colleague showed you the

 4     insignia, you indicated some patches but I don't know whether you saw

 5     when you were shown the insignia, the insignia where it said police in

 6     Cyrillic, but you didn't point them out.

 7        A.   I already indicated it.  I put a circle there.

 8        Q.   Well, I'm asking you whether you saw the insignia where it said

 9     "police" when my learned friend showed you.  It didn't say "police" on

10     the insignia that you have circled.  So I'm just asking you whether you

11     saw them or not as you were looking at the photo file with the insignia

12     of the army and the police?

13        A.   As far as I know, I think I circled it.

14             MS. GOPALAN:  Your Honours.

15             JUDGE PARKER:  Ms. Gopalan.

16             MS. GOPALAN:  Perhaps the time-frame for the insignias that were

17     shown to the witness could be clarified.  My understanding was the

18     Defence counsel was asking him questions in relation to 1999.

19             JUDGE PARKER:  He is at the moment.

20             MS. GOPALAN:  And I'm not sure if it's appropriate for me to

21     provide this information.

22             JUDGE PARKER:  No, I don't think it is.  Thank you, Ms. Gopalan.

23             Carry on, please, Mr. Djordjevic.  Bear in mind, there may be a

24     significant difference between insignia and a full marking across the

25     back of a uniform.

Page 6194

 1             MR. DJORDJEVIC:  Interpretation yes, definitely, Your Honour.

 2     Let me just consult my assistant.

 3                           [Defence counsel confer]

 4             MR. DJORDJEVIC:  [Interpretation] Okay.  Can we please have on

 5     our screens the spread or the photo file with insignia.  That's P00327

 6     from the 65 ter list.  Let's start with the page 1.  Thank you.

 7        Q.   Mr. Mazreku, could you please look at those insignia here.  You

 8     said that it said police on their backs, and you said that on their

 9     sleeves and on their uniforms they also had similar patches.  Do you see

10     on the screen in front of you any such patches, and if yes, could you

11     please indicate what number it is marked with?

12        A.   Number 6.

13        Q.   Very well.  And could you tell me some of the patches that you

14     see here, were they worn on the sleeves?

15        A.   Yes, they were with the Serbian flag, and the four Ss.

16        Q.   What is the number, Mr. Mazreku?

17        A.   This is the Serbian flag, this one.

18        Q.   Number 3?

19        A.   But I don't see the four Ss here.

20        Q.   Is any of them --

21        A.   Number 3.

22        Q.   Very well.

23             MR. DJORDJEVIC:  [Interpretation]  Your Honour, I would like to

24     tender this page by page, or in fact perhaps we could go to the next page

25     and then I could tender it as a whole.

Page 6195

 1             JUDGE PARKER:  This is already an exhibit.  Exhibit P327, I

 2     think.

 3             MR. DJORDJEVIC:  [Interpretation] Yes, I do know that, but I

 4     don't think that it's been marked in this way.

 5             JUDGE PARKER:  This one hasn't been marked.  He has said that he

 6     saw some 6 and number 3.

 7             MR. DJORDJEVIC:  [Interpretation] Yes, and that's why I would

 8     like this page to be admitted into evidence.

 9             JUDGE PARKER:  It's already in evidence and the witness says that

10     on this exhibit he recognizes number 6 and number 3.

11             MR. DJORDJEVIC:  [Interpretation] Can we move on to the next

12     page.  If you could perhaps zoom in a little bit.

13        Q.   Mr. Mazreku, you looked at this spread yesterday and I believe

14     that you marked the patch number 9 and patch number 13.  Now I would like

15     you to look very carefully now, we are talking about 1999 and the forces

16     that entered the village on that day, the 31st of March, 1999.

17        A.   In 1999 there was this patch with the Serbian flag, as a symbol,

18     those that -- that that belonged to the police who massacred us.

19        Q.   But could you tell me which is the insignia?  What number?

20        A.   I showed the one in the previous picture, that belonged to the

21     Serbian police.  Milosevic party that was in power.  These patches were

22     before in the past when there were four, five parties in 1988.  I haven't

23     seen any of these that day.

24        Q.   So we can agree that none of these patches was worn by the army

25     of killers, as you called them, on that day; is that so, Mr. Mazreku?

Page 6196

 1     None of these markings that you are looking at now?

 2        A.   Yes, that's correct.  There was only one patch, the one that was

 3     worn by the police.

 4        Q.   But you can't see it here on this photograph, is that so?

 5        A.   I don't see here the Yugoslav or the Serbian flag.

 6        Q.   Thank you.

 7             MR. DJORDJEVIC:  [Interpretation] Do we have the next page.  No.

 8     Thank you.

 9        Q.   So let us conclude then that the patch worn by the troops, by the

10     military, the police there, that they wore a Yugoslav flag, that they had

11     the Yugoslav flag on the patch; am I right when I say that?

12        A.   The police were wearing that sign that I showed.

13        Q.   Yes, on the previous photograph, we will agree.  But I'm asking

14     you whether the coat of arms, the emblem contained the Yugoslav flags,

15     that's what I want you to confirm.  And you said that it also had the

16     four Ss on it, if I'm not mistaken?

17        A.   Yes.  There were also four letter S.

18        Q.   Thank you.  Sir, my next question will follow up on this effort

19     to identify those units.  You said that they wore, in the statement that

20     I quoted, black uniforms, black military uniforms.  Could you please

21     explain to me since you said today that they had green uniforms, the

22     black military uniforms, were they in fact dark green?  Were they darker

23     and that's why you called them black or is it something else?  Because

24     you repeat that in your statement, the statement that you gave on the

25     21st of May, 2008, you know, so I don't want that to cause any confusion

Page 6197

 1     for the Trial Chamber and everybody else in this trial, so I would like

 2     you to explain this.

 3        A.   Sir, I already indicated that in 1999 they were wearing green.

 4     Dark green, olive green colour, and on their backs it was written

 5     milicija.  There was no other colour.  The colour wasn't black, but it

 6     was the green colour of the army.

 7        Q.   I understand perfectly what you are saying now.  I just wish to

 8     ask you to tell me why is it stated in your statement that the uniforms

 9     were black?  Just explain that, please.

10        A.   I mentioned black in reference to 1998, not to 1999.

11        Q.   That is it, I'm asking you this precisely because it emanates

12     from the context in your statement that the uniforms were black.  That is

13     why I asked you this question.

14        A.   I'm saying no.  It wasn't black, it was green.

15        Q.   Very well.  I shall not dwell on this question any more.  Please

16     tell me what were these soldiers, policemen, killers, as you call them,

17     wearing on their heads, if anything?

18        A.   This I don't remember.  Plus we were so upset at that moment that

19     we couldn't watch around us.  I don't know whether they had hats or not.

20     They started to shoot at us with automatic rifles, and they killed us.

21        Q.   Mr. Mazreku, did you do military service in the former

22     Yugoslavia?

23        A.   Yes, I did.

24        Q.   When did you finish your service?

25        A.   I went in 1960 and finished in 1962.  I was in the army for two

Page 6198

 1     years.

 2        Q.   Which combat arm were you in?

 3        A.   I was in the infantry.

 4        Q.   You say that they fired from automatic rifles.  Can you tell me

 5     what weapons they had, they were carrying?  Could you identify the

 6     weapons?

 7        A.   Automatic weapons.  In Serbian they were called "automata."  They

 8     were short weapons.

 9        Q.   Were these the so-called Kalashnikovs or another type of

10     automatic weapons?

11        A.   I don't know their name.  They were automatic weapons, and they

12     had magazines, and they loaded the weapons right in front of our eyes.

13        Q.   Tell me, apart from tanks, did you see any other vehicles and

14     which?

15        A.   No, I haven't seen other vehicles other than the tank.  I'm

16     talking about that day.

17        Q.   It is only that day that we are talking about right now.

18        A.   That day there weren't any other vehicles other than the tanks,

19     and they were heavy-calibre tanks.  "Samohotka" is what they're called.

20        Q.   And these vehicles, were they also of olive-drab colour?

21        A.   Yes.

22        Q.   And in addition to these soldiers in dark green uniforms of a

23     single colour as you described them, were there any other troops present

24     there or in the vicinity?

25        A.   I don't know whether they were in the tanks, but the first time

Page 6199

 1     there were 30 to 40 policemen who surrounded us.  I have not seen any

 2     other police or military forces.

 3        Q.   Thank you.  You refer to persons called Tahir Krasniqi, and

 4     Haxhi Krasniqi, I believe.  These persons who gave around 4.000 marks,

 5     I'm not going to speculate on the exact sum, to two Serbs in order to try

 6     to propitiate them in that way.  Tell me, this Haxhi Krasniqi, is his

 7     name Hadji or Hadjiu, Haxhi, what is his name?

 8        A.   In fact his real name was Emin.  Then he went for --

 9        Q.   Is his surname Haxhil?

10        A.   That's why we started to call him Haxhi.  So he went to Mecca and

11     became Haxhi.  But his original name was Emin Krasniqi and then he became

12     Haxhi Emin Krasniqi.  But in the statement I've said Haxhi because that's

13     how he was known to all of us.  He gave the money to them.  They said

14     they want more and then all of us collected whatever we had, but that

15     wasn't enough for them.

16        Q.   Thank you.  Tell me, please, did you see any of those policemen

17     carrying in some kind of bags any valuables that they had taken from

18     women?

19        A.   Yes, I saw them as they were taking stuff from children and

20     women, they took all the golden stuff and they took it to the -- in two

21     bags, and they took it to the people in the tank.

22        Q.   How far was this tank from where you were?

23        A.   About 3-, to 400 metres from where we were.

24        Q.   Thank you.  Tell me, the women and the children, they were sent

25     off in the direction of Albania.  In the end, did they stay in Kosovo or

Page 6200

 1     did they indeed leave and go to Albania?

 2        A.   No, no, they couldn't go into Albania, cross into Albania,

 3     because they were not allowed.  And all of us, the rest of us, we

 4     remained in the village of Ciflak until the war ended.

 5        Q.   Thank you.  The supplement which we received you corrected

 6     yourself and you said that you were actually referring to the Roma, i.e.,

 7     gypsies, when you observed people of a dark complexion.  What I should

 8     like to know is whether all these soldiers, i.e., policemen, had paint on

 9     their faces or just some of them?

10        A.   Couldn't absolutely observe what their faces were like.  I could

11     not tell whether they had tanned faces or painted faces, but some of them

12     looked darker than others.

13        Q.   Did any of your fellow townsmen, and I'm referring to both men

14     and women, recognise a single man?  And you yourself said that you

15     didn't, that's why I'm not asking you that question.

16        A.   No, we were not able to recognise any of them.

17        Q.   Mr. Mazreku, were you present at the burials of the victims on

18     the 2nd of April, 1999?

19        A.   I was there and only seven to eight or ten maximum were buried.

20     Then I went to stay with my son, my children, because I was injured and I

21     needed attention.

22        Q.   Tell me, where were the remaining 99 people buried?

23        A.   They were all buried there.  106 were buried there.  Each of them

24     has a grave there and their name and there is a commemorative plaque with

25     the names on, those who were buried there.

Page 6201

 1        Q.   Tell me, do you know who Hamid Krasniqi is?

 2        A.   Hamid Krasniqi?

 3        Q.   Yes.

 4        A.   There is no Hamid Krasniqi in our village.  There was one but he

 5     died.

 6        Q.   This Hamid Krasniqi that you just referred to, is he perhaps from

 7     Drenovik, or Drenovac, I'm not sure what this neighbouring village is

 8     called?

 9        A.   I don't know him.  I'm talking about what I know and what I've

10     said.  This one I don't know.

11        Q.   I'm asking you this because some of the previous witnesses who

12     talked about this subject said that he attended the funeral, that he was

13     in civilian clothes, but that they knew that he was a KLA member and that

14     is why I'm asking you this question, have I managed to jog your memory?

15     Do you now recall who this is?

16        A.   If this man is the one who is, then he is from Drenoc.

17        Q.   So did he attend the funeral?

18        A.   I didn't see him, because I told you that in the evening we

19     buried about eight to ten bodies, and that's approximate, and the

20     following morning I went to my children because I was injured.  I don't

21     know whether he took part or not.

22        Q.   Thank you.  And what had you heard about him, about this one from

23     Drenovac?

24        A.   No, I didn't hear anything.

25        Q.   You just said awhile ago that is the one from Drenovik, that

Page 6202

 1     means that you know him, that is why I'm asking you what do you know?

 2        A.   Maybe he has been, maybe the one from Drenoc has been there, but

 3     I didn't see him.  There is one Hamid Krasniqi from Drenoc, but I didn't

 4     see him.  And if don't see something, I cannot say something about it.

 5     I'm here to tell the truth and whatever I know, I will say.  If I don't

 6     know, don't push me, because I can't say it.

 7        Q.   I understood that you hadn't seen him, but as I can see that you

 8     know who this is.  Do you know that he was a member of the KLA?  That is

 9     what I'm asking you.

10        A.   What did I know?  I was not interested in what he was.  I know

11     that all the Albanian population in their hearts were KLA, but we did not

12     have weapons.

13        Q.   Tell me, where was this KLA after which all the Albanian

14     population -- around which all the Albanian population rallied?

15        A.   They were in the mountains, where else could they be?  They did

16     not have barracks like a proper army, so they were out there in the

17     mountains.

18        Q.   Tell me, in which mountains were they that you know about?

19        A.   I don't know what mountains.  I was not entitled, and I didn't

20     have the knowledge, and I was not responsible to know where, what

21     mountains they were in, and so on.  I only was responsible for my own

22     family.

23        Q.   Do you know that there was fighting between the Serbian forces

24     and the KLA in the area of your municipality, and if you do know, what is

25     it that you know?

Page 6203

 1        A.   There was no fighting between the KLA and the Serbian forces in

 2     our village, in my area.

 3        Q.   Were there any KLA members from your village?

 4        A.   I don't know.

 5        Q.   Do you know Sahit Mazreku, and his son Salhi?

 6        A.   Sahit Mazreku is a cousin, and he was also injured, he was part

 7     of my group, part of the group that I was in.  And he died after the war.

 8     He escaped the massacre, he survived the massacre.  He lived for another

 9     four years, then he died.  I also know his son Salhi.  They are cousins

10     of mine.

11        Q.   Do you know that your relative Salhi was a member of the KLA and

12     that he transported the KLA members from village to village?

13        A.   No, I don't know that he was a KLA member.  He was a teacher.  He

14     was teaching kids.  He wasn't a KLA member.

15        Q.   You said that you were hurt.  Were you wounded in the back?  Were

16     you operated on?

17        A.   After the war I was operated on because at the time there was

18     no -- there were no facilities to do that, there was no treatment, so I

19     had to suffer with my wounds.

20             MR. DJORDJEVIC:  [Interpretation] Mr. Mazreku, thank you, I have

21     no further questions for you.

22             Your Honour, this completes my cross-examination of Mr. Mazreku.

23             THE WITNESS: [Interpretation] Thank you.

24             JUDGE PARKER:  Thank you, Mr. Djordjevic.

25             Ms. Gopalan, do you have re-examination?

Page 6204

 1             MS. GOPALAN:  Yes, Your Honours.  Briefly.

 2                           Re-examination by Ms. Gopalan:

 3        Q.   Good morning, Mr. Mazreku.

 4        A.   Good morning.

 5        Q.   I have a few questions for you this morning.

 6        A.   You are welcome.

 7        Q.   And this is in relation to some of the questions that were put to

 8     you by Defence counsel.  I'd like to take you back to what you said about

 9     the people you were with in the Kosnik mountains, if you remember.  You

10     said that there were at least 2.000 to 3.000 people and that they had

11     come from various municipalities.  And if you remember, you said that

12     there were far too many people there.  This is at page 61, 83.

13        A.   Yes.

14        Q.   Sir, in relation to these people who you were with in the

15     mountains, do you know why they were there in the mountains?

16        A.   They were there because they feared for their lives because when

17     they started burning the people's houses, then they ran away to save

18     their lives.  They were scared of being massacred because there were

19     people in Drenoc who were massacred.  That was the reason why they were

20     there.

21        Q.   Now, when you say they feared for their lives because of the

22     burnings of the houses, could you tell us how it is you learned that

23     these people feared for their lives?

24        A.   Everyone was scared because from everywhere there was firing,

25     shelling, there were weapons being fired, and houses burning and everyone

Page 6205

 1     was scared.  They were running for their lives.  The children were

 2     traumatized because of the firing and we were -- we were begging them not

 3     to fire their weapons because the children were terrified.

 4        Q.   Sir, who is it you were begging not to fire the weapons at you?

 5        A.   We asked the militia not to shoot in the air because our children

 6     were being scared to death.

 7             THE INTERPRETER:  Interpreter's correction:  The policemen.

 8             THE WITNESS: [Interpretation] I'm talking about 1998 when they

 9     surrounded us in the Kosnik mountain.

10             MS. GOPALAN:

11        Q.   Thank you.  And you also mentioned the people being massacred in

12     Drenoc.  How did you learn about this massacre?

13        A.   Qen Gashi and there was also a woman, I do not know her.  There

14     was Jakup Krasniqi, Mereme Morina, and another woman, I did not know her

15     name.  There were some four or five people who were massacred during the

16     offensive, the night before.  They were found in their houses.  They were

17     old people, they were elderly people who were killed.

18        Q.   Who told you about these killings, Mr. Mazreku?

19        A.   We only heard about the detail of who was killed when we came

20     back to our house.

21        Q.   And who told you these details?

22        A.   It was the villagers.  The young men in the village.  They were

23     telling us about what had happened.

24             MS. GOPALAN:  Thank you very much, Mr. Mazreku.  I have no

25     further questions for you this morning.

Page 6206

 1             THE WITNESS: [Interpretation] You are welcome, and thank you.

 2             JUDGE PARKER:  Mr. Mazreku, you'll be pleased to know that that

 3     concludes the questions for you.  The Chamber wishes to thank you for

 4     coming to The Hague and for the assistance that you've been able to give

 5     to us in what you said.

 6             THE WITNESS: [Interpretation] Thank you.  I wish you every

 7     success in your work.

 8             JUDGE PARKER:  Thank you.  You may now, of course, return to your

 9     normal activities, and the court officer will assist you.

10             THE WITNESS: [Interpretation] Thank you.

11                           [The witness withdrew]

12             JUDGE PARKER:  Ms. Gopalan.

13             MS. GOPALAN:  Your Honours, Defence counsel, we regret to inform

14     you that we do not have another witness available for today.  The next

15     witness, Mr. Haxhiu, will be available tomorrow morning.  We are trying

16     to get one of the crime based witnesses from next week moved to this

17     week, but we will only be able to provide further information on that

18     witness later on today.  But for the moment, there is no witness

19     available for the remainder of our court sitting today.

20             JUDGE PARKER:  What is the movement of Mr. Hax hiu.

21             MS. GOPALAN:  Mr. Haxhiu arrived late last night, and he is being

22     proofed from early this morning.  And we think he will be available -- he

23     will be available to testify tomorrow morning at the earliest,

24     Your Honours.

25                           [Trial Chamber confers]

Page 6207

 1             MS. GOPALAN:  Your Honours, if I may.  I'm afraid Mr. Haxhiu is

 2     only available tomorrow -- on Thursday morning.

 3                           [Trial Chamber confers]

 4             JUDGE PARKER:  Mr. Djordjevic.

 5             MR. DJORDJEVIC:  Thank you, Your Honours.  Very shortly and

 6     briefly.  [Interpretation] When we made arrangements as to how we would

 7     proceed here in the courtroom in this trial before your Chamber, we

 8     agreed that we would always strive to be ready for the next witness, in

 9     situations such as this one.  But of course it requires that we be

10     notified promptly about any problems that the Prosecution encounters,

11     and, I believe, their objective in nature.

12             At this point in time, I don't have any documents or anything.  I

13     don't even know the name of our potential next witness.  The documents

14     are in my office and in order to be able to do anything, I would have to

15     go back to my office to learn the identity of the witness and to see

16     whether I would take this witness or my colleague, Mr. Djurdjic.

17             As you know, our team is small, and we are really doing our best

18     to make sure that this trial proceeds efficiently.  As lead counsel, I'm

19     really trying to make sure that it does and to organise myself as well as

20     I can.  And I really regret the fact that my colleagues did not inform us

21     by e-mail last night that the witness had only arrived yesterday, and

22     that they are not ready to take him.  So I am afraid that we can't really

23     proceed today.  I cannot agree to defend my client in an irregular

24     situation, and I cannot get organised to do that within the next hour,

25     two hours, or three hours.  That is all I have to say.

Page 6208

 1                           [Trial Chamber confers]

 2             JUDGE PARKER:  It will be apparent, I'm sure, to counsel that

 3     this is not a satisfactory position in the view of the Chamber.  The

 4     limited number of witnesses who were on the list for this week, last

 5     week, and next week has already been the subject of comment.  The week of

 6     the 29th list also has a small number of witnesses, that has come out

 7     since we commented.

 8             It is clear that there remain some witnesses whose evidence will

 9     be relatively brief.  So efforts will need to be made to correct the

10     position so that we do not lose time simply because a witness is not

11     ready to proceed.

12             A comment you made, Ms. Gopalan, leaves me a little unclear.

13     Were you intending to say that the next witness cannot be available until

14     tomorrow or were you meaning to say the witness cannot be available after

15     tomorrow?

16             MS. GOPALAN:  Your Honours, the next witness arrives tonight and

17     he will be available tomorrow.

18             JUDGE PARKER:  Is that the witness that you earlier said was here

19     and being proofed.

20             MS. GOPALAN:  That was a mistake on my part, Your Honours.  He is

21     arriving today so he has not been proofed yet.  But he is the witness

22     that we indicated in our notification.  The change in the situation is

23     simply that he is not available today but will only be available

24     tomorrow.

25             JUDGE PARKER:  One witness from last week has not been called.

Page 6209

 1     Is that a continuing problem?

 2             MS. GOPALAN:  I will have to check that, Your Honours.  Perhaps

 3     you could clarify for me.

 4             JUDGE PARKER:  Hoxha.

 5             MS. GOPALAN:  Hani Hoxha?

 6             JUDGE PARKER:  Yes.

 7             MS. GOPALAN:  Just a moment, Your Honours.

 8                           [Prosecution counsel confer]

 9             MS. GOPALAN:  Your Honours, Hani Hoxha has already testified and

10     he testified on the 5th of June.

11             JUDGE PARKER:  Well, that clears that one up.  The notification

12     that you made on the 2nd of June indicated that the next witness and the

13     last witness for this week would be Mr. Haxhiu.  I mention that because

14     it would seem that there should be no difficulty in the Defence being

15     ready to deal with Mr. Haxhiu when he is called because he has been on

16     the list since the notification of the 2nd of June.  Let us hope that you

17     are able to find an additional witness so that we do not lose time on

18     Friday as well as today.  It seems we can do nothing now but adjourn to

19     continue tomorrow morning at 9.00.

20             Mr. Djordjevic.

21             MR. DJORDJEVIC:  I would like to ask something.  It isn't clear

22     for tomorrow, is it the witness Baton Haxhiu or somebody else?

23             JUDGE PARKER:  It is that witness.  There may be a witness from

24     next week brought forward for Friday of this week.

25             MR. DJORDJEVIC:  For Friday, okay.

Page 6210

 1             JUDGE PARKER:  Tomorrow it is Haxhiu.

 2             MR. DJORDJEVIC:  Thank you.

 3                           [Trial Chamber confers]

 4             MR. DJORDJEVIC:  And, Your Honour, short remark.

 5     [Interpretation] I would like to ask my learned friend or rather the

 6     Prosecution if possible to indicate who the possible witness for Friday

 7     is.  That's all.  Thank you.

 8             JUDGE PARKER:  As I understand it, that is premature.  Attempts

 9     are being made to bring a witness forward.  But as soon as that is known,

10     there should be an immediate notification both to Mr. Djordjevic and to

11     the Chamber.

12             MS. GOPALAN:  Yes, Your Honours.  We will certainly provide that.

13             JUDGE PARKER:  Well, you've carried off the role of being in the

14     hot seat very charmingly.

15             We will adjourn and continue tomorrow morning at 9.00.

16                           --- Whereupon the hearing adjourned at 10.12 a.m.,

17                           to be reconvened on Thursday, the 18th day of

18                           June, 2009, at 9.00 a.m.