Tribunal Criminal Tribunal for the Former Yugoslavia

Page 9258

 1                           Tuesday, 17 June 2014

 2                           [Pre-Defence Conference]

 3                           [Open session]

 4                           [The accused entered court]

 5                           --- Upon commencing at 9.06 a.m.

 6             JUDGE DELVOIE:  Good morning to everyone in and around the

 7     courtroom.

 8             Madam Registrar, could you call the case, please.

 9             THE REGISTRAR:  Good morning, Your Honours.

10             This is the case IT-04-75-T, The Prosecutor versus Goran Hadzic.

11             JUDGE DELVOIE:  May we have the appearances, starting with the

12     Prosecution, please.

13             MR. STRINGER:  Good morning, Mr. President, Your Honours.  For

14     the Prosecution, Douglas Stringer, Stavroula Papadopoulos, and

15     Case Manager, Thomas Laugel.

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.  Thank you.

20             JUDGE DELVOIE:  Thank you.

21             Mr. Hadzic, can you follow the proceedings in a language you

22     understand?

23             THE ACCUSED: [Interpretation] Yes, I can.

24             JUDGE DELVOIE:  Thank you.

25             This Pre-Defence Conference is held pursuant to Rule 73 ter in

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 1     order to make final arrangements for the commencement of the Defence

 2     case.

 3             First issue is the length of the Defence case.  The

 4     Trial Chamber, in its discretion, has decided not to call upon the

 5     Defence to shorten the estimated length of the examination-in-chief of

 6     any of its witnesses, pursuant to Rule 73 ter (B); nor will the

 7     Trial Chamber determine the number of witnesses that the Defence may

 8     call, pursuant to Rule 73 ter (C).

 9             The Trial Chamber does intend to set a global time-limit for the

10     presentation of the Defence case in-chief.  It therefore invites the

11     Defence, pursuant to Rule 73 ter (E) to make submissions regarding the

12     time needed to present its case in-chief.

13             Mr. Zivanovic.

14             MR. ZIVANOVIC:  Thank you, Your Honour.

15             We estimated the time necessary for -- for our witnesses to

16     140 hours.

17             JUDGE DELVOIE:  140 hours.  Thank you.

18             Does the Prosecution also wishes to make submissions?

19             MR. STRINGER:  No, Your Honour.

20             JUDGE DELVOIE:  Thank you.

21             The Trial Chamber will issue its decision on this matter very

22     shortly.

23             I turn to the Defence opening statement.  Could the Defence

24     indicate how much time it will need to make its opening statement,

25     pursuant to Rule 84?

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 1             MR. ZIVANOVIC:  Yes, Your Honour.  We estimate our opening

 2     statement to -- between one and a half hour and two hours.

 3             JUDGE DELVOIE:  Thank you.  And we understand that Mr. Hadzic is

 4     the Defence's first witness.  In light of that, could the Defence

 5     indicate whether Mr. Hadzic will be making a statement pursuant to

 6     Rule 84 bis also.

 7             MR. ZIVANOVIC:  Yes, Your Honour, he will.

 8             JUDGE DELVOIE:  He will.

 9             MR. ZIVANOVIC:  And we estimate his statement pursuant to Rule 84

10     bis to -- between 30 and 45 minutes.

11             JUDGE DELVOIE:  Thank you.

12             Let's have a look at the issues with regard to pending motions,

13     and we have a preliminary remark.

14             The Trial Chamber recalls that, at the request of the Defence, it

15     granted the Defence four months from the date of issuing of the Rule

16     98 bis Judgement to prepare its case.  Bearing this in mind, the

17     Trial Chamber stated its expectation that the Defence present thorough

18     Pre-Defence case filings.  With respect to some of the Pre-Defence case

19     filings made on 13 May 2014, the Trial Chamber was concerned by the

20     amount of errors contained therein.  In an effort to ensure the efficient

21     running of the Defence case, the Trial Chamber urge the parties to ensure

22     that their filings are accurate and that all documents relied upon

23     therein are provided within the set deadlines, along with translations

24     where necessary.

25             The Trial Chamber wishes the Defence to take further action in

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 1     relation to the following pending motions:

 2             Defence motions for protective measures for witnesses.  The

 3     Trial Chamber requested expedited disclosure of relevant confidential

 4     protective measures filings in relation to DGH-113 for the Defence.

 5     These filings were disclosed to the Defence on 12 June 2014.

 6             We would ask the Defence to make supplemental written submissions

 7     regarding the protective measures of DGH-113 by 20 June 2014.

 8             The Trial Chamber is also seized of the following pending

 9     motions:

10             Defence motion for judicial notice of adjudicated facts.  Defence

11     omnibus motion for the admission of evidence pursuant to Rule 92 bis.

12             Defence omnibus motion for admission of evidence pursuant to

13     Rule 92 quater.

14             Prosecution motion directing the Defence to submit a revised

15     Rule 65 ter witness list and witness summaries and for disclosure in

16     accordance with Rule 67(A)(ii) and the Trial Chamber's orders.

17             Prosecution motion to strike DGH-080 from the Defence Rule 65 ter

18     witness list and the Defence motion to recall Witness Dusan Jaksic, the

19     Trial Chamber will issue decisions on these matters in due course.

20             In the meantime, we all have in our agenda that Defence case will

21     commence on Thursday, 3 July 2014, at 9.00 a.m. in Courtroom III.

22             The Trial Chamber shall commence with the opening statement of

23     the Defence, pursuant to Rule 84 and with a Rule 84 bis statement by

24     Mr. Hadzic.

25             Immediately following the Defence opening statement, the Defence

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 1     shall call its first witness.

 2             The Trial Chamber will sit five days per week during the months

 3     of July and August, save for the period of the Tribunal's summer recess.

 4     The sitting times shall be as follows: Session 1, 9.00, 10.30; session 2,

 5     11.00, 12.15; session 3, 12.45, 1400, 2.00 p.m.

 6             Are there any other matters the parties wish to raise?

 7     Mr. Zivanovic.

 8             MR. ZIVANOVIC:  Thank you, Mr. President.

 9             We have a proposal to have a -- four sitting days in July during

10     the testimony of Mr. Hadzic.  It -- it was the same criteria implemented

11     during the whole Prosecution case.  So we would like the Chamber, if it

12     could modify this decision.  Given the -- in particular, given the fact

13     that the -- that Mr. Hadzic will be the only witness who will testify in

14     three consecutive weeks.

15             JUDGE DELVOIE:  You do remember, Mr. Zivanovic, why we took this

16     decision to sit five days -- days a week.  At that moment, of course, we

17     didn't know yet that Mr. Hadzic would be the first witness and, more or

18     less, the only -- the only witness in -- in the month of July and

19     probably part of August.

20             Is -- has the Prosecution any -- anything to say on this matter?

21             MR. STRINGER:  Simply to observe, Mr. President, that although he

22     is the accused, he is no different from any other witness, and the fact

23     that it's the accused who is the witness is not, in our view, a

24     justification for modifying the court schedule.

25                           [Trial Chamber confers]

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 1             JUDGE DELVOIE:  We'll have to think about your proposal,

 2     Mr. Zivanovic, and we'll get back to the parties about it.

 3             MR. ZIVANOVIC:  Thank you, Your Honour.

 4             JUDGE DELVOIE:  Any other matters?

 5             I thank the parties for their appearances and all other people

 6     involved for their support.

 7             We are moving into a new phase of this trial, and we very much

 8     appreciate the help of the supporting staff and the professional approach

 9     we experienced from both parties.  This new phase in the trial will run,

10     we hope, as efficiently as the previous one.

11             The Pre-Defence Conference is adjourned.

12                           --- Whereupon the Pre-Defence Conference adjourned

13                           at 9.20 a.m.