Page 2805
1 Monday, 4 February 2013
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.00 a.m.
5 JUDGE DELVOIE: Good morning to everyone in and around the
6 courtroom.
7 Mr. Registrar, could you call the case, please.
8 THE REGISTRAR: Good morning, Your Honours.
9 This is the case IT-04-75-T, the Prosecutor versus Goran Hadzic.
10 Thank you.
11 JUDGE DELVOIE: Thank you.
12 May we have the appearances, please, starting with the
13 Prosecution.
14 MR. STRINGER: Yes, good morning, Mr. President, Your Honours.
15 Douglas Stringer, Matthew Gillett and Thomas Laugel for the Prosecution.
16 JUDGE DELVOIE: Thank you.
17 Mr. Zivanovic, for the Defence.
18 MR. ZIVANOVIC: Good morning, Your Honours. For the Defence of
19 Goran Hadzic, Zoran Zivanovic, lead counsel. Thank you.
20 JUDGE DELVOIE: Thank you.
21 Before the witness is brought in, there are two -- no, even
22 three, oral rulings. First one is in private session.
23 [Private session]
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16 [Open session]
17 THE REGISTRAR: We're in open session, Your Honours. Thank you.
18 JUDGE DELVOIE: Thank you.
19 On January 24th, 2013, in its decision on the admission of
20 evidence pursuant to Rule 92 bis, the Trial Chamber denied the admission
21 into evidence of six documents tendered by the Prosecution. The Chamber
22 considered that these documents were not included on the Prosecution's
23 exhibit list. The Trial Chamber recalls, however, that it granted the
24 Prosecution leave to add these documents to its exhibit list in its
25 "Decision on Second Prosecution Motion for Leave to Amend Prosecution
Page 2807
1 Rule 65 ter Exhibit List" of 19 October 2012.
2 The Chamber further recalls its determination in the Rule 92 bis
3 decision that:
4 The documents with Rule 65 ter numbers 05857, 05858, 05859, and
5 05860, form an inseparable and indispensable part of Witness GH-149's
6 evidence; and the documents with Rule 65 ter number 06861, and 05862,
7 form an inseparable and indispensable part of Witness GH-092's evidence.
8 The Trial Chamber therefore considers that these six documents
9 are appropriate for admission pursuant to Rules 89(C) and 92 bis and
10 hereby admits them into evidence.
11 In addition, the Chamber recalls that it denied admission into
12 evidence of document with Rule 65 ter number 02513 in the Rule 92 bis
13 decision. On 25 January 2013, the Prosecution informed the Chamber that
14 it has since uploaded an English translation of the document to e-court.
15 The Defence did not object to the admission into evidence of 02513 when
16 this document was originally tendered by the Prosecution. The Chamber
17 finds that 02513 forms an inseparable and indispensable part of
18 Witness GH-077's evidence and considers that the document is appropriate
19 for admission pursuant to Rules 89(C) and 92 bis and admits the document
20 into evidence.
21 THE INTERPRETER: Interpreter's note, could you kindly slow down
22 for the record. Thank you.
23 JUDGE DELVOIE: I'm very sorry.
24 The Chamber notes that the admission of 02513 renders 02423, as
25 previously admitted, unnecessary. The Chamber therefore orders the
Page 2808
1 Prosecution to substitute 02423 with 02513. The Registry shall mark
2 02423 as not admitted.
3 The Chamber instructs the Registry to take all necessary and
4 appropriate measures to implement this decision.
5 The third one is about the Prosecution's motion to supplement
6 Rule 65 ter document 06231. The Defence said they would not object to
7 the motion on the condition that the Prosecution makes an averment as to
8 the original date of the photographs.
9 Has that been done, Mr. Zivanovic? Or will it be done,
10 Mr. Stringer?
11 MR. STRINGER: Yes, Mr. President. I think virtually all of the
12 images have the date printed on them when the image was taken. I think
13 there may be just one so far that does not have the date, but we will
14 make that averment at the time that we bring up that particular image.
15 JUDGE DELVOIE: Thank you.
16 Then the motion is granted.
17 If there's nothing else, we can bring the first witness in.
18 [Trial Chamber and Registrar confer]
19 JUDGE DELVOIE: In closed session, sorry. Thank you.
20 [Closed session]
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16 --- Whereupon the hearing adjourned at 2.02 p.m.,
17 to be reconvened on Tuesday, the 5th day of
18 February, 2013, at 9.00 a.m.
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