Tribunal Criminal Tribunal for the Former Yugoslavia

Page 1862

1 Monday, 21 April 2008

2 [Open session]

3 [The accused entered court]

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

5 JUDGE ORIE: Good morning to everyone.

6 Mr. Registrar, would you please call the case.

7 THE REGISTRAR: Good morning, Your Honours, good morning to

8 everyone in the courtroom. This is case number IT-06-90-T, the

9 Prosecutor versus Ante Gotovina et al.

10 JUDGE ORIE: Thank you, Mr. Registrar.

11 The Chamber would like to start with the witness and not with MFI

12 lists. When the witness is waiting, it's better to start with that.

13 The next witness to be called would be Witness 3?

14 MR. HEDARALY: That is correct, Your Honour.

15 JUDGE ORIE: Yes. You have requested protective measures for

16 Witness 3. You've asked for pseudonym and face distortion. The Defence

17 has expressed that it does not oppose the protective measures; although,

18 it does not agree with the reasons that the Prosecution has given for it.

19 In these circumstances, the Chamber has decided to grant the

20 request for protective measures, the reasons to follow.

21 Yes, Mr. Misetic.

22 MR. MISETIC: Your Honour, may we go into private session for one

23 moment.

24 JUDGE ORIE: Yes. We can go into private session.

25 [Private session]

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1 THE REGISTRAR: Your Honours, we're back in open session.

2 JUDGE ORIE: Thank you, Mr. Registrar. During the private

3 session that we just had, the Chamber heard additional argument and

4 decided that the testimony of the witness to be called will be given in

5 private session.

6 Mr. Registrar, we'll move into private session and the curtains

7 should be pulled down.

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17 [Open session]

18 THE REGISTRAR: Your Honours, we are back in open session.

19 JUDGE ORIE: Thank you, Mr. Registrar.

20 The next witness is available only tomorrow, if I am well

21 informed.

22 MR. HEDARALY: That's correct, Your Honour, he just flew in this

23 morning from Canada.

24 JUDGE ORIE: Yes. That means that we would have some time

25 remaining for shortening the MFI list. I did receive from Chamber staff

Page 1919

1 a message about the position of the Prosecution in respect to quite a

2 number of the exhibits, mainly saying that there are no objections. If

3 we have still a relatively long list, containing a lot of P documents

4 which were attachments, I think, to Mr. Flynn's 92 ter statement, I would

5 suggest to the parties that we'll have a break. Then after the break, in

6 a efficient manner, we'll deal with what can be dealt with at this moment

7 as far as MFIs is concerned.

8 Mr. Misetic.

9 MR. MISETIC: Of course, Your Honour, we will try to resolve most

10 of them during the break. I did wish to raise one issue and draw to the

11 Chamber's attention --

12 JUDGE ORIE: Yes.

13 MR. MISETIC: -- whether you wished to talk about it this

14 afternoon or first thing in the morning. We had filed on -- it's dated

15 March 5th, but was filed on March 6th.

16 JUDGE ORIE: Yes. That's the in liminae motion you're talking.

17 MR. MISETIC: It's relevant for tomorrow's witness.

18 JUDGE ORIE: It's relevant for tomorrow's witness. It's not only

19 the in liminae motion, but it's also even a request for a given

20 opportunity to reply.

21 MR. KEHOE: Correct.

22 JUDGE ORIE: That request is denied. The first thing the Chamber

23 will do tomorrow morning is to deliver the decision on that motion --

24 MR. MISETIC: Thank you, Your Honour.

25 JUDGE ORIE: -- because the Chamber is relevant for the next

Page 1920

1 witness.

2 MR. MISETIC: Thank you, Your Honour.

3 JUDGE ORIE: So we'll not deal with that any further today. Then

4 how much time would the Defence need? I'd very much appreciate if the

5 three Defence teams could come up, to the extent possible, of course:

6 With this P number, no objections, no objections. So that we know what

7 to focus on.

8 How much time would you need to just, even if you just hand write

9 a list of P this to that, no objections; or have you done that already

10 because I received information from the Prosecution.

11 If it would take you half an hour or three quarters of an hour,

12 it would then take only five or ten minutes to go through the list,

13 Rather than do that today.

14 MR. MISETIC: I think much less time, Your Honour. In ten to 15

15 minutes, we would be done.

16 JUDGE ORIE: Then I suggest that we have a break until quarter

17 past 12.00, and then try to finish the matter is in not more than five to

18 ten minutes.

19 We resume at quarter past 12.00.

20 --- Recess taken at 11.45 a.m.

21 --- On resuming at 12.18 p.m.

22 JUDGE ORIE: Bookkeeping session after the break.

23 I will work on the basis of the list that has been distributed by

24 Mr. Registrar.

25 As far as D17 is concerned - we'll start with Defence Exhibits -

Page 1921

1 I think there would be a new version of that.

2 MR. MISETIC: That's right.

3 JUDGE ORIE: Is it uploaded already?

4 MR. MISETIC: It is not. The Prosecution requested one change

5 this morning. We've made it. It just needs to be uploaded into e-court

6 and then it is ready.

7 JUDGE ORIE: D17, for the time being, remains on our list.

8 D24 was waiting for a translation, Mr. Mikulicic.

9 MR. MIKULICIC: Yes, Your Honour. We are still waiting for the

10 translation -- no. We have it. My mistake. Yes, we have the

11 translation.

12 JUDGE ORIE: Is it uploaded in e-court?

13 MR. MIKULICIC: It is.

14 JUDGE ORIE: It is. Is there already a position in relation to

15 D24 from the Prosecution, Mr. Waespi?

16 MR. WAESPI: I'm sure there is no problem, no objections.

17 JUDGE ORIE: You are sure?

18 MR. WAESPI: Yes, because it was on e-court yesterday already --

19 JUDGE ORIE: Yes, but you will have --

20 MR. WAESPI: -- and I've reviewed it.

21 JUDGE ORIE: You have had sufficient time to review it.

22 MR. WAESPI: Yes.

23 JUDGE ORIE: D24 is admitted into evidence.

24 Then I was informed that, in relation to D63, D64, D67, D71, and

25 D72, that there are no objections by the Prosecution. Then the numbers I

Page 1922

1 just read out are admitted into evidence.

2 I'm just checking whether the transcript is correct. Yes. They

3 are admitted into evidence.

4 Then we have another one, which was D78, which does not appear on

5 my list, but there was an issue of whether it was uploaded already. I

6 think it was the Markac Defence who would upload the D78 material.

7 Mr. Mikulicic, has that been done?

8 MR. MIKULICIC: To be honest, Your Honour, I have no information

9 on it.

10 JUDGE ORIE: Okay. Then D78, which was not on our list but we'll

11 verify the few possibilities that we will already dealt with it and

12 therefore it does not appear on the list anymore, we'll verify that.

13 Yes. Then we move to the P exhibits.

14 P23 is to be introduced through another witness; so, therefore,

15 it remains at this moment on the MFI list.

16 Then we have a long series which are attachments to the 92 ter

17 statement of the Witness Flynn, which is P25 up to P43, to start with.

18 Are there any objections?

19 MR. MISETIC: No, Your Honour.

20 JUDGE ORIE: Then P25, in the absence of objections by three

21 Defence teams, P25 up to and including P43 are admitted into evidence.

22 Then P44 does not appear on our list anymore because that was

23 already admitted as D3. That's the reason why the series is interrupted.

24 I then continue with P45 up to and including P51, also all

25 attachments to the Flynn 92 ter statement.

Page 1923

1 Any objections?

2 MR. MISETIC: No, Your Honour.

3 MR. MIKULICIC: No objections.

4 JUDGE ORIE: No from Mr. Misetic and no from Mr. Mikulicic and

5 Mr. Kay not jumping up means that P45 up to and including P51 are

6 admitted into evidence.

7 Then we have one remaining and that is the aerial photograph,

8 P62, marked by Witness Munkelien which was P70. I think no decision has

9 been taken on admission. Is there any objection against P70 being

10 admitted into evidence?

11 MR. MISETIC: No, Your Honour.

12 MR. MIKULICIC: No, Your Honour.

13 JUDGE ORIE: Then Mr. Kay still remains seated.

14 MR. KAY: Sorry, Your Honour.

15 JUDGE ORIE: No, no, it's fine. My rule was, if I hear from

16 Mr. Misetic and I don't see anyone else jumping up, then that's

17 sufficient for me.

18 So you're perfectly behaving in accordance with my expectations.

19 It's not any criticism.

20 P70 is admitted into evidence.

21 I think that we have now reduced our MFI list considerably.

22 Mr. Registrar, is there any other matter in this respect which we

23 need to address?

24 THE REGISTRAR: No, Your Honours, there is not.

25 JUDGE ORIE: Mr. Misetic.

Page 1924

1 MR. MISETIC: In order to address a matter that Your Honour

2 raised this morning, if we could go into private session.

3 JUDGE ORIE: We move into private session.

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4 --- Whereupon the hearing adjourned at 12.30 p.m.

5 to be reconvened on Tuesday, the 22nd day of April,

6 2008, at 9.00 a.m.

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