Tribunal Criminal Tribunal for the Former Yugoslavia

Page 253

1 Friday, 22 June 2001

2 [Status Conference]

3 [Open session]

4 [The appellant entered court]

5 --- Upon commencing at 3.07 p.m.

6 JUDGE POCAR: The Status Conference is called to order.

7 Madam Registrar, will you please call the case?

8 THE REGISTRAR: Case number IT-95-10-A, the Prosecutor versus

9 Goran Jelisic.

10 JUDGE POCAR: Thank you. So may I call for the appearances for

11 the appellant, please.

12 MR. CLEGG: My name is William Clegg, and I represent the

13 appellant, Goran Jelisic.

14 JUDGE POCAR: Thank you. For the Prosecution.

15 MR. YAPA: May it please Your Honour. I'm Upawansa Yapa. I

16 appear for the Prosecution. Mr. David Leese is the case manager today.

17 Thank you.

18 JUDGE POCAR: Thank you.

19 THE INTERPRETER: Can you hear us? Can you hear the English

20 booth?

21 JUDGE POCAR: Yes. Now it is okay.

22 MR. CLEGG: Your Honour.

23 JUDGE POCAR: First, let me ask Mr. Jelisic. Can you hear me?

24 Can you hear the translation?

25 THE APPELLANT: [Interpretation] I can hear it, Your Honour.

Page 254

1 JUDGE POCAR: Thank you. Now Mr. Clegg.

2 MR. CLEGG: Your Honour, before we proceed to the Status

3 Conference, could I offer an abject and complete apology for the events of

4 Monday of this week when I was not on the end of the telephone link when

5 the Status Conference was last listed.

6 The Court must have felt that I was at least grossly discourteous

7 to the Court for not being at the appointed place at the right time or

8 worse, that I was treating the Court with gross contempt. Neither was in

9 fact the case, and I was mortified to learn that human error in my office

10 had booked the time of the Status Conference two hours removed from the

11 proper time because the time difference between the Netherlands and the

12 United Kingdom had been adjusted in my office in the wrong direction.

13 That is an error for which I must accept and do accept complete

14 fault, and I apologise to the Court for the inconvenience caused. I

15 apologise to Mr. Yapa and the Prosecution team for the inconvenience that

16 I have caused them. And certainly Mr. Hocking and Ms. Belinda Taylor for

17 the time that they gave to arranging the telephone link, all of which was

18 wasted, I extend my apologies to them. And last and by no means least, I

19 apologise to the defendant himself, who was left unrepresented on that

20 occasion.

21 JUDGE POCAR: I thank you. I take note of that, and I thank you,

22 Mr. Clegg, for this explanation of what occurred on Monday. We have

23 rescheduled, as you have seen, the Status Conference for today.

24 Now, coming to the Status Conference. I am reminded the oral

25 hearings in this case were on the 22nd, 23rd of February, and the Status

Page 255

1 Conference has the double purpose to allow the parties to express any

2 concern relating to the appeal, to the detention conditions and so forth,

3 and to update the parties with respect to the status of the appeal.

4 Now, as to the first question, let me -- I would like to ask first

5 Mr. Clegg. Is there any problem concerning the appeal or the detention

6 conditions of your client?

7 MR. CLEGG: There is none, but defendant is obviously anxious to

8 know when it might be that the judgement will be given.

9 JUDGE POCAR: Thank you. I will give that information soon.

10 Mr. Yapa, any problem?

11 MR. YAPA: Your Honour, I do not have any matter to be raised at

12 this stage. Thank you.

13 JUDGE POCAR: Thank you. Now, as to the status of the appeal, I

14 note that there are no outstanding motions to be dealt with, and I wish to

15 inform the parties that the judgement on appeal will be rendered shortly.

16 I cannot yet confirm a precise date, but a Scheduling Order to fix the

17 date of the hearing in which the judgement will be rendered will be issued

18 shortly, in the next days, in the next days.

19 So without giving a precise date, I can say that the judgement

20 will be issued, in any case, during the next month, possibly not --

21 towards the end of the month.

22 MR. CLEGG: Could I just indicate that I have informed the

23 Registry that I'm actually in the Republic of China for ten days in July,

24 and if it were possible to avoid the listing of the judgement during those

25 ten days, I would be grateful.

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1 JUDGE POCAR: Well, I take note of that, Mr. Clegg. We'll try to

2 accommodate things, if possible.

3 Well, are there any other matters that the parties want to raise

4 at this stage? Prosecution? No.

5 Well, if that is so, I adjourn these proceedings. This Status

6 Conference stands adjourned.

7 --- Whereupon the Status Conference adjourned

8 at 3.15 p.m.