1 Friday, 11 March 2005
2 [Closed session]
11 Pages 10356-10421 redacted. Closed session.
7 [Open session]
8 JUDGE ORIE: Before we start with the list of which I do
9 understand the parties have now received at least a copy, I've got one
10 question for the Prosecution. I don't know whether you have read already
11 the motion for a certificate to be granted in relation to the decision of
12 the Chamber on adjournment. The Chamber would like to know whether the
13 OTP wants to respond to that or -- and if so, how much time it would need.
14 MR. TIEGER: Your Honour, I'm afraid I have not seen it, so I'm
15 really not in a position to respond.
16 JUDGE ORIE: Could you perhaps report on that, well, let's say
17 next Monday so we know how much time we'll have to wait and whether we
18 have to wait at all for a response of the Prosecution.
19 Then going to the list. D29 and D32, Mr. Hannis said at the 7th
20 of March that he was unaware but he would check and report on whether
21 there were any further objections against the revised translation.
22 MR. TIEGER: Your Honour, the OTP has no objection to the
23 translations for both exhibits.
24 JUDGE ORIE: Then I think there is nothing that would oppose
25 against admitting these new revised translations into evidence.
1 MS. LOUKAS: That's correct, Your Honour, yes.
2 JUDGE ORIE: So they replace the originally tendered translations.
3 Then D200/31. The Defence has raised objections in relation to
4 the translation of the document, and the OTP is expected to address these
5 objections now.
6 Mr. Tieger.
7 MR. TIEGER: Your Honour, I believe in fact the OTP received the
8 revised translations on Wednesday, the 9th of March, and we provided them
9 to the Defence that same day. What therefore remains is the Defence
10 response. We -- the Defence must, therefore, advise the Trial Chamber of
11 their position regarding these -- the translation.
12 JUDGE ORIE: Yes. Sooner or later we have to reach a situation
13 where either the parties say objections do not exist any more on the basis
14 of the new translations or that you say we still have a conflict on this
15 and the Chamber has to decide. So I do understand that the objections
16 raised, were they sufficiently repaired by the new translations? I see
17 your case manager nodding yes.
18 May I take it that you gave it mainly to the Defence in order to
19 confirm to them that all their concerns were met?
20 MR. TIEGER: Precisely.
21 JUDGE ORIE: And this is not contradicted by the Defence?
22 MS. LOUKAS: No, Your Honour, I'm not in a position to contradict
23 that, but what I will do when I get out of court this afternoon or this
24 evening is just confirm with Ms. Cmeric that that is correct, and I can
25 confirm that on Monday.
1 JUDGE ORIE: Yes. Anyhow, the Chamber has not received these new
2 revised translations. So since the Chamber would like them, to receive
3 them, well, let's say by next Monday, and if we do not hear anything from
4 you, Ms. Loukas, then we take it the new translations do meet the
6 MS. LOUKAS: Certainly, Your Honour.
7 JUDGE ORIE: Then I still have to give you a decision on the
8 redaction of the Bjelobrk statement. The Defence has asked on the 7th of
9 March, two weeks until the start of the recess and then later asked what
10 exactly that meant, to report back with any objections, and I did not
11 decide on the matter, but the two weeks, although half of them being over
12 already, are granted to start with on the 7th of March.
13 Then we have the D34 and D35, the previous interviews of
14 Mr. Radic.
15 The Defence would like to have tapes, audiotapes, not as an
16 exhibit. Has the matter been settled?
17 MR. TIEGER: I'm not sure counsel is familiar with this exchange,
18 but let me explain my understanding of the status. Ms. Cmeric contacted
19 us shortly after that court session and confirmed that indeed the Defence
20 had received the tapes of the interviews with either some exceptions or
21 with some problems on some portions of the tape. It was not clear which.
22 In any event, after acknowledging that tapes had been provided, she
23 indicated she would get back to us and specify precisely what additional
24 steps needed to be undertaken, and we're just waiting to hear.
25 JUDGE ORIE: In American history one knows what happens if small
1 parts of tapes are not present any more.
2 Ms. Loukas, is there anything to report on that? So I do
3 understand: There were some minor problems.
4 MS. LOUKAS: Your Honour, I must say I don't have anything to --
5 THE INTERPRETER: Microphone, please. Microphone for counsel.
6 MS. LOUKAS: Yes. Sorry about the microphone, Your Honour. Yes.
7 No, I don't have anything to report on this issue.
8 JUDGE ORIE: I take it that if there's any remaining problem on
9 the minor issues, that you'll inform the Prosecution. And I also take it
10 that if the matter can be solved, that it will be solved; and if the
11 matter is for technical reasons cannot be solved, then either there is
12 something special or it's just a practical problem, and I take it then
13 that the parties could agree on that. So the Chamber would be surprised
14 if the matter would return to it. But of course if necessary, we'll
15 accept that.
16 MS. LOUKAS: Thank you, Your Honour.
17 JUDGE ORIE: Then the -- for the next item we have to go briefly
18 into private session.
19 [Private session]
11 Page 10426 redacted. Private session.
20 [Open session]
21 JUDGE ORIE: Last item on the agenda is the -- the evidence given
22 in another jurisdiction by the witness Music. Is there anything known
23 meanwhile, Mr. Tieger, on this subject? Any progress made?
24 MR. TIEGER: Only in the sense of time passing, Your Honour, which
25 I -- and that means that we have sent -- we made an inquiry. I -- we
1 haven't received a response. I made an additional inquiry internally in
2 response to this e-mail to see if we had any updated information. I'm not
3 aware of any at this point. I don't know that I would say that, given the
4 length of time that's passed, that that signals any inaction on the other
5 side, but I would say we -- we can make a further inquiry soon if we don't
6 hear from --
7 JUDGE ORIE: Yes. It would be a good idea that the OTP informs
8 the Defence on any additional action taken on the matter and that
9 sometimes matters slip out of your mind, that the Defence also reminds the
10 Prosecution if they do not become nervous in due time when they have not
11 received any response yet, which might trigger another attempt to get the
12 material the Defence would like to receive.
13 MS. LOUKAS: Yes, Your Honour. I take on board that suggestion,
14 because it is certainly --
15 THE INTERPRETER: Microphone for the counsel, please.
16 JUDGE ORIE: Yes, Ms. Loukas.
17 MS. LOUKAS: Yes, I certainly take on board Your Honour's
18 suggestion as quite some time as passed.
19 JUDGE ORIE: Yes, if both parties are chasing a bit each other
20 then sometimes it might result in something good. I don't think I have
21 any more items on my list at this moment. You have an item, Ms. Loukas.
22 MS. LOUKAS: Very quickly, Your Honour, just in relation to that
23 diary issue.
24 JUDGE ORIE: Yes, it's not on my list because we don't -- but if
25 you'd like to be informed, it's one of our priorities at this moment, but
1 we have to struggle through quite a lot of other material as well.
2 MS. LOUKAS: Indeed, Your Honour. The Defence knows that feeling.
3 JUDGE ORIE: It is certainly not out of our mind.
4 MS. LOUKAS: Thank you, your Honor.
5 JUDGE ORIE: Any other issue? Mr. Tieger, Mr. Gaynor for the
7 MR. TIEGER: One more matter, Your Honour, if the Court pleases.
8 JUDGE ORIE: Yes.
9 MR. TIEGER: OTP was asked to review P292.1 KID 31469 to see if it
10 was satisfied with the revised translation. That's been done, and we're
11 prepared to tender that revised translation.
12 JUDGE ORIE: Yes. It's here.
13 MR. TIEGER: Yes.
14 JUDGE ORIE: Let's do whatever we can do at this moment. So it
15 replaces an earlier -- Madam Usher, could you please. And it replaces the
16 earlier translation. No. This is the -- no, this is an old one. Yes.
17 So, Madam Registrar, I'd like to request you to replace the
18 originally tendered translation by this new one. And I think the original
19 was already admitted into evidence. Yes, it was on both an audio CD, and
20 there was a B/C/S version, and it's only the English translation now that
21 is replaced.
22 Then if there's nothing else.
23 MR. TIEGER: Nothing further, Your Honour.
24 MS. LOUKAS: I was just wondering what -- I'm just wondering, Your
25 Honour, what the exhibit number for this was.
1 JUDGE ORIE: I think Mr. Tieger just mentioned it, but --
2 MR. TIEGER: Your Honour, P292.1 and KID 31469.
3 JUDGE ORIE: If could you repeat it slowly.
4 MR. TIEGER: Sorry. P292.1.
5 JUDGE ORIE: Yes.
6 MR. TIEGER: KID 31469.
7 MS. LOUKAS: I'm much obliged to Mr. Tieger.
8 JUDGE ORIE: If there's nothing else, we will sit next week in the
9 morning in this same courtroom. So we'll adjourn until next Monday, 9.00,
10 same courtroom, and I wish you all a good weekend. It's only 15 minutes
11 longer than usual, but nevertheless.
12 --- Whereupon the hearing adjourned at 6.43 p.m.,
13 to be reconvened on Monday, the 14th day of
14 March, 2005, at 9.00 a.m.