Tribunal Criminal Tribunal for the Former Yugoslavia

Page 5327

1 Friday, 9 June 2006

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 9.05 a.m.

5 JUDGE MOLOTO: I see the Prosecution is in hibernation. Yes,

6 Ms. Richterova.

7 MS. RICHTEROVA: Good morning, Your Honours. The Prosecution

8 wants to call next witness. It is a protected witness, MM-018. He will

9 testify in closed session.

10 JUDGE MOLOTO: I beg your pardon.

11 Let the witness come through.

12 May the Chamber please move into closed session. Thank you.

13 [Closed session]

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14 [Open session]

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

16 JUDGE MOLOTO: Thank you very much.

17 Yes, Mr. Whiting, you are on your feet.

18 MR. WHITING: Thank you, Your Honour. I didn't mean to take over,

19 but Ms. Richterova asked me to handle the next matter because she would

20 like to be excused so that -- and she asked me to ask Your Honours if she

21 may be excused from the further proceedings.

22 JUDGE MOLOTO: Thank you very much. I see she always asks you to

23 ask the Chamber if she may be excused. I wonder how much she -- she pays

24 you for that representation.

25 MR. WHITING: Not enough, Your Honour.

Page 5379

1 JUDGE MOLOTO: Ms. Richterova, you are excused.

2 MS. RICHTEROVA: Thank you, Your Honour.

3 JUDGE MOLOTO: Yes, Mr. Whiting.

4 MR. WHITING: Your Honour, we don't have another witness for

5 today, for this week. We estimated that the witnesses for this week would

6 take us to the end. We fell a little bit short, so our next witness will

7 not be available until Monday, I'm afraid.

8 We do have two small housekeeping matters to address with the

9 Court, if we could.

10 JUDGE MOLOTO: You may proceed.

11 MR. WHITING: The first is with respect, once again, to the books,

12 the three books. If you'll recall, Your Honour, the Court gave us with

13 respect to one of those three books, Exhibit 238, until today to make our

14 selection. We have done that. The selection is completed. The

15 translation has been completed. It was no small effort, I can say, and

16 I'd like to thank the interpreters in our office who worked very hard to

17 get that done. The only thing that has to be done is it has not yet been

18 uploaded into e-court. That I think can be accomplished today, both the

19 B/C/S pages that were selected and their accompanying translation.

20 What I think I would ask is if the Court could ask the registrar

21 to assign an exhibit number once it has been uploaded to e-court. Then

22 what we can do is simply deal directly with the registrar on that, get it

23 uploaded to e-court, tell the registrar what it is in e-court and the

24 number can then just be assigned and the process will be done with.

25 JUDGE MOLOTO: Registrar, will you please assign an exhibit number

Page 5380

1 to that exhibit once it has been uploaded in e-court and do that outside

2 court?

3 THE REGISTRAR: Yes, Your Honour.

4 JUDGE MOLOTO: Thank you.

5 MR. WHITING: Your Honour, before I move to the next housekeeping

6 topic which is a separate matter, I do wonder if the Defence might be in a

7 position to address whether it has made its selections with respect to

8 these three books. Perhaps it's been done. I'm not clear on whether it's

9 been done and whether they have been assigned exhibit numbers and where we

10 stand on that.

11 JUDGE MOLOTO: Mr. Milovancevic, do you have anything to tell us

12 about your side of the story on the three exhibits?

13 MR. MILOVANCEVIC: [Interpretation] Yes, Your Honour.

14 We've obeyed by your instructions. At this moment, I don't know

15 whether we have those exhibits. Could we please leave this until Monday

16 as a technical issue that may be resolved at that time, since my learned

17 friend Mr. Sekulic is not with us today and he is much more familiar with

18 that. But undoubtedly we followed your instruction on all three books.

19 [Trial Chamber and registrar confer]

20 JUDGE MOLOTO: Registry advises me that it has been done. What

21 remains is to be uploaded on to e-court. So you more or less are at the

22 same level as the Prosecution on that one. Thank you very much.

23 Mr. Whiting, the next point.

24 MR. WHITING: Your Honour, the next point requires us to go into

25 private session.

Page 5381

1 JUDGE MOLOTO: Before you go into private session, can I deal with

2 a point -- the housekeeping point that doesn't need private session?

3 Just to remind the parties, or to let the parties know, rather,

4 that a Scheduling Order has been filed scheduling the case after the close

5 of the Prosecution case. I'm just mentioning this so that you may try --

6 you may try to access that today and familiarise yourselves with that

7 Scheduling Order because we are going to try to keep very strictly to that

8 Scheduling Order for the conduct of the case after the close of the

9 Prosecution case. So the sooner you get your hands on it, the better.

10 Okay.

11 May the Chamber please move into private session.

12 [Private session]

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5 [Open session]

6 THE REGISTRAR: We are in open session.

7 JUDGE MOLOTO: Thank you very much.

8 Nothing to be dealt with now? Do you have anything outstanding,

9 Mr. Whiting?

10 MR. WHITING: I do not, Your Honour. Thank you.

11 JUDGE MOLOTO: Thank you very much.

12 Court adjourned then. We will reconvene on Monday, I guess it's

13 going to be at 2.00 -- quarter past 2.00.

14 MR. MILOVANCEVIC: [Interpretation] Your Honour.

15 JUDGE MOLOTO: [Previous translation continues] ...

16 MR. MILOVANCEVIC: [Interpretation] In which courtroom? This is

17 Courtroom III. How about next week, is it Courtroom II or Courtroom III?

18 JUDGE MOLOTO: It's going to be in Courtroom II. We were just

19 here today because, I suppose, because something is being done to

20 Courtroom II. So it's going to be Courtroom II, quarter past 2.00, on

21 Monday.

22 Court adjourned.

23 --- Whereupon the hearing adjourned at 11.50 a.m.,

24 to be reconvened on Monday, the 12th day of

25 June, 2006, at 2.15 p.m.