1 Monday, 19 August 2013
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.07 a.m.
5 JUDGE DELVOIE: Good morning to everyone in and around the
7 Madam 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 JUDGE DELVOIE: Thank you.
11 May we have the appearances, please, starting with the
13 MS. DENNEHY: Good morning, Mr. President, Your Honours.
14 Muireann Dennehy on behalf of the Prosecution, along with my
15 Case Manager, Thomas Laugel; my colleague, Matthew Gillett; and our legal
16 intern, Kusbu Shahdadpuri.
17 JUDGE DELVOIE: Thank you.
18 Mr. Zivanovic, for the Defence.
19 MR. ZIVANOVIC: Good morning, Your Honours. For the Defence of
20 Goran Hadzic, Zoran Zivanovic and Christopher Gosnell. Thank you.
21 JUDGE DELVOIE: Thank you.
22 To start with, we could deliver three short oral rulings.
23 On the 12th of August, 2013, the Prosecution filed a motion
24 requesting video-conference link for the evidence of Witness GH-002.
25 In order to allow sufficient time for the Registry to make
1 arrangements to facilitate the video-conference link, in the event that
2 th emotion is granted, the Trial Chamber find it appropriate to order an
3 expedited response.
4 Accordingly, the Chamber ex proprio motu and pursuant to Rule 127
5 hereby directs the Defence to file its response by no later than
6 Wednesday, 21st of August.
7 On the 31st of July, 2013, the Prosecution filed its 13th motion
8 to amend its Rule 65 ter exhibit list. It seeks to add eight documents
9 to the list.
10 On 13 August the Defence indicated that it takes no position on
11 the motion.
12 Based on the lack of objection of the Defence, the Trial Chamber
13 hereby grants the motion.
14 On 11th January, 2013, the Trial Chamber marked Exhibit P377 for
15 identification pending a revised translation. On the 26th of July, 2013,
16 the Prosecution notified the Trial Chamber that a revised translation was
17 now available in e-court. The Trial Chamber accordingly admits P377 and
18 its revised translation into evidence. The Trial Chamber instructs the
19 Registry to replace the old translation with the revised one and to take
20 all other necessary and appropriate measures to implement this decision.
21 Is there anything else before we call the witness?
22 Ms. Dennehy?
23 MS. DENNEHY: Yes, Mr. President. There is a procedural matter
24 that I think it best to address before the witness is brought in.
25 It relates to 65 ter 6484 which is an authentication list of
1 intercepts, a number of 66 intercepts that the witness has re-viewed.
2 The Prosecution in its motion on the 28th of May, 2013, indicated that it
3 would tender this list once it was authenticated and finalised by the
4 witness. This was done on Saturday and the Prosecution circulated that
5 final version to the Defence and the Trial Chamber.
6 This is the same lists or the same type of list as has been used
7 in the six cases that this witness has testified before the Tribunal.
8 It's also the same type of list used with GH-165 in this case.
9 Yesterday for the first time the Prosecution received notice from
10 the Defence that there would be objection to the list. The Defence did
11 not indicate why it would object to the list and therefore I thought it
12 best to bring this to your attention before the witness being led in this
14 This -- that is all.
15 JUDGE DELVOIE: Thank you.
16 Anything from the Defence?
17 MR. ZIVANOVIC: Yes, Your Honours.
18 Yesterday I responded to the Prosecution inquiry from Friday and
19 that's correct that I said that I would object to the list, to this
20 evidence. If necessary, I could say why I would do it, now or in the
21 later stage.
22 JUDGE DELVOIE: I think it's -- it's appropriate to do it now,
23 Mr. Zivanovic.
24 MR. ZIVANOVIC: Okay.
25 First of all ...
1 JUDGE DELVOIE: Yes. Can we do it in open session?
2 MR. ZIVANOVIC: Yes, of course.
3 JUDGE DELVOIE: Okay. Please continue.
4 MR. ZIVANOVIC: First of all, this list is compilation of
5 intercepts that should be tendered into evidence through this witness. I
6 do not know what that -- what this list means, whether it means that
7 these are intercepts surrendered to the Prosecution by the witness or it
8 is the list of intercepted intercepts that he -- he was able to -- to
9 hear. He was able to listen to or it was some -- any other kind of list.
10 What does it mean in -- in -- in this particular context, list of
11 authentication of these intercepts?
12 And, on the other hand, I saw that -- I noticed that the witness
13 was not a member of intercept of the team which intercepted this
14 conversation, and I -- I don't believe that he was able to identify
15 properly the collocutors of this conversation.
16 JUDGE DELVOIE: This -- the second part of your objection,
17 Mr. Zivanovic, if I understand it correctly, is, in fact, an objection to
18 the admission of the intercepts; is that right?
19 MR. ZIVANOVIC: Yes. Yes, that's correct.
20 JUDGE DELVOIE: Thank you.
21 Ms. Dennehy, any response for the moment?
22 MS. DENNEHY: Yes, Mr. President.
23 I will be able to address both of those issues raised by the
24 Defence as I go through the witness's evidence. In relation to the --
25 the nature of the list, this was indicated, again, in our motion on the
1 28th of May this year. And was also referred to in the decision issued
2 by the Trial Chamber when it deferred ruling on that list on the
3 27th of June, 2013.
4 In order to clarify the nature of the list, it is simply a list
5 of intercepts that the witness has reviewed and has now authenticated
6 that is both the -- that is the audios and also the actual transcripts of
7 the intercepts.
8 I do intend to address the -- the reviewing of the list by the
9 witness before I ask for its admission and I will also be playing a
10 number of selected audios and transcripts from that list in court today,
11 or certainly that is my intention.
12 In relation to the Defence's objection in relation to whether he
13 was a member of the teem that actually recorded the intercepts, again, I
14 will be able to deal with the substantive nature of that objection
15 through the witness's evidence today, and I certainly think that will be
16 clarified at that point.
17 [Trial Chamber confers]
18 JUDGE DELVOIE: We will decide upon the admission of the list
19 when we decide about the -- on the admission of the intercepts, as such.
20 MS. DENNEHY: Thank you, Mr. President.
21 JUDGE DELVOIE: Could we go into closed session, please.
22 [Closed session]
11 Pages 7276-7364 redacted. Closed session.
3 --- Whereupon the hearing adjourned at 2.01 p.m.,
4 to be reconvened on Tuesday, the 20th day of
5 August, 2013, at 9.00 a.m.