Tribunal Criminal Tribunal for the Former Yugoslavia

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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