Tribunal Criminal Tribunal for the Former Yugoslavia

Page 10841

1 Monday, 1 July 2002

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12 [Open session]

13 JUDGE ORIE: Yes, we are in open session now again. You were

14 asking about a decision about two documents in relation to the expert

15 witness, Zecevic. You were asking questions about the quality of some

16 92 bis documents, and you asked about a BH Army document in relation to

17 which you wrote a letter to Mr. Ierace. These are just short, the issues

18 you raised.

19 Mr. Ierace.

20 MR. IERACE: Mr. President, in relation to the tender of the

21 material from Mr. Zecevic, that is being handled by Mr. Stamp. I think

22 the last development was that you required some further discussion.

23 JUDGE ORIE: Yes, I think that question was addressed to us. We

24 have -- we have asked the parties to write down a few lines on the issue.

25 And I would have -- if Mr. Stamp would be available, I would have one or

Page 10844

1 two short questions to him in respect of that. So if we could deal with

2 that perhaps later today.

3 MR. IERACE: Yes. Could I respectfully suggest towards the end of

4 the day, Mr. President? There are some constraints on the availability

5 of Witness Y.

6 JUDGE ORIE: Yes, I think it can be done in two or three minutes.

7 MR. IERACE: 92 bis, there were some requirements specified by you

8 late last week, which we will attend to. And in relation to the letter, I

9 will reply to the letter today so that my learned colleague receives a

10 faxed reply this afternoon.

11 JUDGE ORIE: Yes. Perhaps you first wait what the reply is. It

12 is better than to speculate on it at this very moment.

13 Then, if the Prosecution would be ready to -- yes, Mr. -- this

14 seems to be magic words. If I ask one of the parties whether they are

15 ready --

16 MR. PILETTA-ZANIN: [Interpretation] Yes, you know how words can be

17 magic. The other problem which can be raised, Mr. President: Wednesday,

18 we should hear a witness, that I believe that I can name him -- I am just

19 going to check. This is Witness Fraser, and this witness now completely

20 disappeared from the list. He doesn't seem to be on the list of the

21 Prosecution. It would be useful if the Defence could know when is this

22 witness who is supposed to come up on Friday and was not able to be

23 heard, when is he going to be called to the witness box. We haven't had

24 any message on this issue and we think that -- we thought that he would be

25 on Monday, so we prepared, in essence, for this witness. But, of

Page 10845

1 course, it is with great pleasure that we will hear Witness Y, who is

2 going to be appearing today.

3 MR. IERACE: Mr. President, Mr. Fraser was to have been called

4 last Friday but, for obvious reasons, could not. Mr. Piletta-Zanin raised

5 this issue with me before court and I told him that we could call

6 Mr. Fraser after Mr. Mole and before Mr. Bergeron.

7 JUDGE ORIE: Yes. The matter was raised before and you got an

8 answer, Mr. Piletta-Zanin --

9 MR. PILETTA-ZANIN: [Interpretation] Yes, but I had just an

10 element of an answer because what I wanted to know is what day exactly,

11 for reasons of flights. You could see that last Friday I had a problem.

12 I was given an estimated answer. So could I be given an answer in writing

13 as soon as the witness can be specified for which day? Thank you.

14 JUDGE ORIE: If the answer you got was not complete, you could

15 have asked for completion of the answer.

16 Mr. Ierace, may I take it that the Prosecution is ready to call

17 its next witness? Yes. And I think we first should turn into closed

18 session, Mr. Ierace?

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24 MR. IERACE: Are we in closed session now?

25 JUDGE ORIE: No, we are not yet.

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19 --- Whereupon the hearing adjourned at

20 1.55 p.m., to be reconvened on Tuesday,

21 the 2nd day of July, 2002, at 9.00 a.m.

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