Page 7998
1 Wednesday, 5 September 2007
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 2.22 p.m.
5 JUDGE ORIE: Good afternoon to everyone. Mr. Registrar, would you
6 please call the case.
7 THE REGISTRAR: Good afternoon, Your Honours. Good afternoon to
8 everyone in the courtroom. This is case number IT-04-84-T, the Prosecutor
9 versus Ramush Haradinaj et al.
10 JUDGE ORIE: Thank you, Mr. Registrar.
11 First of all, I have to confess that I had forgotten to go back in
12 open session yesterday before we adjourned. This is now for the public to
13 know that the only thing that was -- the only thing that had to be done in
14 open session yesterday was just the end of the session and the
15 announcement of the adjournment.
16 Before I invite Madam Usher to -- or Mr. Usher, yes, I can see
17 that -- to escort Witness 3 into the courtroom again, I'd like to make a
18 short few remarks.
19 The Chamber wishes to make a few remarks on the time remaining for
20 the presentation of the Prosecution's case. The parties will have
21 received the latest report from the Chamber's database showing the time
22 spent on the case so far.
23 Please be aware that the times are supplied to us by the Registry.
24 If you happen to notice a figure in the table that does not seem to be
25 right, please inform the Chamber or the Registry because it is easy for
Page 7999
1 mistakes to creep in.
2 The report shows the time spent on 49 witnesses. This includes
3 one Chamber witness, Maklen Misha, who did not take up any of the
4 Prosecution's time. The table does not include the current witness, nor
5 does it include the time spent on Aleksandric, whose testimony is as yet
6 incomplete.
7 At the foot of the table, you'll see that the Prosecution has used
8 up 68.2 per cent of its allocation of 125 hours. This means that the
9 Prosecution has 39.8 hours of examination-in-chief remaining. In reality
10 of course the Prosecution has a few hours less when you take into account
11 Aleksandric and the current witness.
12 The Prosecution has informed us that the amendment of the
13 indictment will cause changes to its witness list. This fact, along with
14 other developments since the 20th of June of 2007, which is the date of
15 the currently operative witness list, would seem to justify the production
16 of a new revised list. The Prosecution is therefore requested to file a
17 revised witness list within a week from today, with an explanation of how
18 it plans to utilise its remaining hours.
19 The parties are requested to cite only the operative witness list,
20 not earlier versions, to avoid confusion.
21 This concludes the Chamber's remarks on this matter.
22 Then I'll invite the usher to -- Mr. Emmerson? You would like
23 to --
24 MR. EMMERSON: Your Honour, just before the witness comes in, I
25 think the Trial Chamber is aware that there is an issue which will need to
Page 8000
1 be addressed concerning the next upcoming witness.
2 JUDGE ORIE: Yes. It arises from the supplementary statement
3 which was given to the Chamber.
4 MR. EMMERSON: Yes.
5 JUDGE ORIE: That's the matter and that has quite some
6 implications.
7 MR. EMMERSON: It does, both in relation to disclosure and
8 scheduling. I understood informally that the Trial Chamber would prefer
9 that matter be dealt with at the conclusion of the current witness's
10 testimony.
11 JUDGE ORIE: The Chamber would prefer at this moment -- The
12 Chamber is fully aware of it, but the Chamber prefers at this moment to
13 first see how far we come with the present witness and then pay attention
14 to that matter.
15 Mr. Di Fazio, I take it it's clear to you?
16 MR. DI FAZIO: Only in the broadest terms. I might take the
17 opportunity at the next break to speak to Mr. Re about it and acquaint
18 myself more fully with the issue.
19 JUDGE ORIE: I take it that the supplementary statement provides
20 some information which might have an impact on questions about reliability
21 of earlier statements and perhaps more broader questions in that respect.
22 MR. DI FAZIO: Yes, thank you. I'll make sure that I discuss that
23 issue with Mr. Re and that either I or Mr. Re are armed and ready to
24 address you as and when necessary.
25 JUDGE ORIE: Since there is a motion pending for protective
Page 8001
1 measures, most likely we will have to deal with that first in private
2 session.
3 MR. EMMERSON: Yes. The issues --
4 JUDGE ORIE: The Court knows no decision has yet been taken. I've
5 not seen as a matter of fact the annexes to this confidential motion.
6 MR. EMMERSON: Yes. The issues dovetail, protective measures and
7 the issue that the Trial Chamber is aware of.
8 JUDGE ORIE: Yes. Then could we return -- first of all, the
9 present witness has been granted protective measures, that's face
10 distortion, voice distortion, which means that the curtains should be
11 pulled down for the witness to enter the courtroom but I already announced
12 that, as yesterday, the witness's testimony will be given in private
13 session, unless at a certain moment it would be fit for open session.
14 [The witness entered court]
15 JUDGE ORIE: Witness 3, I'd like to remind you that you're still
16 bound by the solemn declaration you gave at the beginning of your
17 testimony, that is that you'll speak the truth, the whole truth and
18 nothing but the truth. We'll continue in private session. Mr. Registrar.
19 [Private session]
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17 [Open session]
18 JUDGE ORIE: Let's just have the curtains pulled up again. I take
19 it you want to address the Court in private session, Mr. Emmerson.
20 MR. EMMERSON: Exactly, sir.
21 JUDGE ORIE: Yes, but I would like to put on the public record
22 what happened over the last three minutes.
23 Could someone, even if it's not within his or her competence to
24 assist in getting the --
25 Mr. Registrar, we are back in open session. I should have
Page 8038
1 returned into open session earlier, once Mr. Troop has finished his
2 cross-examination of the witness, before the break. After the break it
3 turned out that other Defence counsel felt no need to cross-examine this
4 witness, that there were no further questions by Mr. Di Fazio and that the
5 Chamber had no further questions. I then thanked the witness for coming
6 to The Hague and he meanwhile left the courtroom.
7 We'll now return into private session.
8 [Private session]
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24 [Open session]
25 THE REGISTRAR: Your Honours, we are back in open session.
Page 8051
1 JUDGE ORIE: Yes. During the last -- during this session, the
2 Defence has raised some procedural matters in relation to the next witness
3 to be called by the Prosecution and the Chamber needs some time to
4 consider the submissions, submissions to which the Prosecution responded.
5 We'll adjourn for not less than half an hour.
6 --- Break taken at 4.52 p.m.
7 --- On resuming at 6.15 p.m.
8 JUDGE ORIE: Mr. Emmerson?
9 MR. EMMERSON: We've obviously had an opportunity to at least have
10 understood the gist of the decision. And what is -- I'm assuming we are
11 in open session. It might be wise if we very briefly moved into private
12 session if that's acceptable to the Trial Chamber.
13 JUDGE ORIE: Yes. We move into private session.
14 [Private session]
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24 [Closed session]
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13 --- Whereupon the hearing adjourned at 7.03 p.m.,
14 to be reconvened on Thursday, the 6th day of
15 September, 2007, at 2.15 p.m.
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