Tribunal Criminal Tribunal for the Former Yugoslavia

Page 4210

1 Thursday, 11 May 2006

2 [Open session]

3 [The accused not present in court]

4 --- Upon commencing at 10.13 a.m.

5 JUDGE MOLOTO: We're sorry about the delay in starting. The reason

6 for that is simply that the document that has been filed is filed ex parte,

7 and it was our prima facie view that the opposite party may be interested

8 in the content, and we were trying to lift the ex parte and confidential

9 aspect of it but without success. So you'll have to accept, as the

10 Prosecution, that the condition of the accused as mentioned in the document

11 justifies his absence from court according to -- I think the part of the

12 document that can be discussed, it is for 10 days that he will be absent,

13 starting from the 10th of May, which means that we will schedule the case

14 now from 10 days after the 10th of May.

15 Have I made a mistake? Shouldn't we have been in private session?

16 MR. WHITING: Well, Your Honour, I don't think the Court has

17 disclosed anything that can't be in public session, frankly.

18 JUDGE MOLOTO: Okay. So that's the situation. The situation is

19 that we will not have the accused here for 10 days, starting from the 10th,

20 so we will not be able to sit for those days. The 10th day obviously ends

21 on the 20th, which is a Saturday. I imagine the Prosecution would be able

22 to schedule a witness for the 22nd, which is the Monday.

23 MR. WHITING: Yes, we will, Your Honour.

24 JUDGE MOLOTO: You will be able to.

25 Now, 10 days was the outside time. It's seven to 10 days. Now, if

Page 4211

1 he recovers within the 10 days, I don't know how you schedule a witness all

2 of a sudden. It said seven to 10 days.

3 MR. WHITING: Your Honour, I think it's -- we need several days

4 lead-time. Obviously, we're canceling now all the witnesses for next week.

5 So in order to put a witness back on, we need several days lead-time to

6 make arrangements. So it seems to me that it's unlikely that is going to

7 be possible given the information that the Court has provided.

8 JUDGE MOLOTO: Okay. That's quite understandable. Having said

9 that, the Chamber is concerned to use these days profitably somehow, and it

10 was the view of -- at least my view, I haven't even discussed it with the

11 other Judges yet, that maybe in the coming week we could, both parties and

12 the Chamber, discuss concretely around -- can we move into private session,

13 please?

14 [Private session]

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19 [Open session]

20 THE REGISTRAR: We are in open session, Your Honours.

21 JUDGE MOLOTO: Back to scheduling. Shall we then postpone

22 definitely to the 22nd, or postpone without a date?

23 MR. WHITING: Your Honour, I think it would be our preference to

24 postpone definitely to the 22nd.

25 I did have one question about the medical report. It's my

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1 understanding from a conversation with Defence counsel that they did not

2 receive it either. So is that the way it's going to be left, that it's the

3 Trial Chamber that receives it and --

4 JUDGE MOLOTO: No. The cover sheet says "Ex Parte, Confidential,"

5 and it mentions the Defence at the bottom. It is filed by Registry. So

6 the assumption was that Defence has a copy.

7 MR. WHITING: They indicated to me this morning that they had not

8 received a copy. So I don't know if that's...

9 MR. MILOVANCEVIC: [Interpretation] Your Honour, yes, we've just

10 received it.

11 JUDGE MOLOTO: I'm told it's being filed as we speak, so they

12 should be able to get a copy.

13 Okay. Then we postpone until the 22nd of May. Is that it?

14 Court adjourned.

15 --- Whereupon the hearing adjourned at 10.26 a.m.,

16 to be reconvened on Monday, the 22nd day of May, 2006,

17 at 9.00 a.m.