Tribunal Criminal Tribunal for the Former Yugoslavia

Page 27622

 1                           Monday, 22 March 2010

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 2.33 p.m.

 5             JUDGE ORIE:  Good afternoon to everyone.

 6             Madam Registrar, would you please call the case.

 7             THE REGISTRAR:  Good afternoon, Your Honours.  This is case

 8     number IT-06-90-T, the Prosecutor versus Ante Gotovina et al.

 9             JUDGE ORIE:  Thank you, Madam Registrar.

10             Two very brief procedural items before we continue to hear the

11     evidence of the witness in private session.

12             The first, the Office of the Prosecution has inquired as to

13     whether they could confront the witness with statements of upcoming

14     witnesses.

15             The Chamber has considered this question and at the moment sees

16     no problem in such an approach as long as the statements are not sought

17     for admission into evidence because that would change the situation

18     considerably.  That's one.

19             Second, before we put what others said to a witness we usually

20     first try to explore what the witness says without knowing what others

21     have said about it.  And I also refer to the guidance I gave earlier that

22     for such statements small portions can be read slowly into the

23     transcript.

24             If you keep that in mind, then at this moment there seems to no

25     problem.  If, however, you want to have any of these statements admitted

Page 27623

 1     or use it in any other way than just to confront the witness, then, of

 2     course, you should make an appropriate application.

 3             Second, we discussed last week, 23rd of August order to the

 4     Lucko Unit.  Prosecution was invited to see whether it had a copy in its

 5     files.

 6             MS. MAHINDARATNE:  No, Mr. President.  There is no copy beyond --

 7     as I said, D739 and P558 were the only documents that come close to --

 8             JUDGE ORIE:  Yes.  Which apparently are not the documents the

 9     witness was testifying about.

10             Now, the witness expressed some concerns, or at least some doubts

11     as to whether he was free to give this document.  Of course, the witness,

12     at this moment can't consult with anyone because he is ordered not to do

13     so.

14             Is there any way that the Prosecution could perhaps at short

15     notice seek contact with the Croatian authorities to see whether, either

16     a copy would be -- could be obtained from the Croatian authorities; or

17     whether there would be any objection against the witness to give it to

18     the Chamber.

19             Of course, this should be done as transparently as possible, but

20     may I take it that the Defence teams would have no problems in the

21     Prosecution undertaking this effort?

22             In the lack -- in the absence of any response, there seems to be

23     no objection.

24             Then we turn into private session, and the witness may be brought

25     into the courtroom.

Page 27624

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15                           [Open session]

16             THE REGISTRAR:  We're in open session, Your Honours.

17             JUDGE ORIE:  Thank you, Madam Registrar.

18             We will adjourn for the day and we'll resume tomorrow, Tuesday,

19     the 23rd of March, quarter past 2.00, Courtroom I.  But I already

20     announce that the first thing we will do tomorrow is return into private

21     session.

22                           [Trial Chamber and Registrar confer]

23             JUDGE ORIE:  When I said "Courtroom I," that was a mistake.  We

24     resume in Courtroom III, but we'll turn into private session there as

25     well.

Page 27695

 1             We stand adjourned.

 2                            --- Whereupon the hearing adjourned at 7.05 p.m.,

 3                           to be reconvened on Tuesday, the 23rd day of March,

 4                           2010, at 2.15 p.m.

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