Tribunal Criminal Tribunal for the Former Yugoslavia

Page 3820

1 Wednesday, 14 March 2001

2 [Closed session]

3 [The accused entered court]

4 --- Upon commencing at 9.30 a.m.

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23 [Open session]

24 JUDGE HUNT: We're now in public session.

25 MS. UERTZ-RETZLAFF: Thank you, Your Honour. The Prosecution had

Page 3921

1 intended to call the witness Osman Subasic on background facts, actually,

2 and we have reached an agreement with Defence counsel that this is not

3 necessary. We have agreed that only his transcript from the Kunarac case

4 where he has testified as a witness should be entered into evidence,

5 including some of the reports that were exhibits while he gave this

6 testimony. And the Defence does not want to cross-examine this witness,

7 so we can deal with him in a written format and do not have to call him.

8 And the exhibits that we would like to enter are in the trial binders that

9 you have in front of you.

10 JUDGE HUNT: Does that include the transcript of his evidence?

11 MS. UERTZ-RETZLAFF: It is the transcript which has now the

12 identification number 286, and then following the reports, having the

13 identification numbers 286 -- 287, 287A, 288 and 288A, 289, 289A, 290,

14 290A, 291, and 291A. And the exhibit -- and the document ID number 287

15 and 287A were in the Kunarac case entered under seal because the name of

16 one of the witnesses in that trial was on the document.

17 JUDGE HUNT: Those are the only ones that have to go in under

18 seal, are they?

19 MS. UERTZ-RETZLAFF: Yes.

20 JUDGE HUNT: Are you happy with that, Mr. Bakrac?

21 MR. BAKRAC: [Interpretation] Your Honour, by your leave, I would

22 like to remind the accused of what this is all about - we had already

23 discussed it before - and then I can respond.

24 JUDGE HUNT: Yes, you go ahead.

25 [Defence counsel and the accused confer]

Page 3922

1 MR. BAKRAC: [Interpretation] No, Your Honour, we have no

2 objections, and we have agreed on this with the Prosecutors already.

3 JUDGE HUNT: I congratulate the parties on having got rid of at

4 least one witness.

5 Therefore the documents will be admitted as Exhibits P286, 287,

6 287A, 288, 288A, 289, 289A, 290, 290A, 291, and 291A. Exhibits P87 -- I'm

7 sorry, P287 and 287A will be under seal.

8 MS. UERTZ-RETZLAFF: Your Honour, we can continue if you like with

9 the witness Dr. Berberkic today, but he is not yet in the room here, in

10 the witness waiting room, but he can be here in a few minutes. It's up to

11 you.

12 JUDGE HUNT: Today is a rather sensitive day for us all. I think

13 it might be a good idea if we came back in the morning. We did say to him

14 we'd see him again on Thursday. Perhaps it might be said to be, as gently

15 as possible, that our attention may be wandering slightly at this time.

16 We'll adjourn now and we'll resume again at 9.30 tomorrow.

17 --- Whereupon the hearing adjourned at 3.39 p.m., to

18 be reconvened on Thursday, the 15th day of

19 March, 2001, at 9.30 a.m.

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