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Tribunal Criminal Tribunal for the Former Yugoslavia

Page 10546

1 Thursday, 2 November 2006

2 [Open session]

3 [The accused entered court]

4 [The witness entered court]

5 --- Upon commencing at 2.16 p.m.

6 JUDGE MOLOTO: Good afternoon, everybody.

7 May I remind you, sir, that at the beginning of your testimony,

8 you took -- you made a declaration to tell the truth, the whole truth, and

9 nothing else but the truth. You are still bound by that declaration.

10 Okay. Thank you very much.

11 Mr. Whiting.

12 WITNESS: WITNESS MM-105 [Resumed]

13 [Witness answered through interpreter]

14 THE WITNESS: [Interpretation] I understand.

15 MR. WHITING: Thank you, Your Honour.

16 Before I proceed, there had been an inquiry at the end of the day

17 yesterday about any other exhibits that should be put under seal and I

18 checked it and I believe that it would be prudent to put 999 under seal.

19 I do not think it's necessary to put 998 under seal; that's the Daruvar

20 Agreement.

21 JUDGE MOLOTO: Would you confirm that, Mr. Milovancevic.

22 MR. MILOVANCEVIC: [Interpretation] Yes, Your Honour, I confirm

23 that.

24 JUDGE MOLOTO: Thank you very much.

25 Then may Exhibit 999 please be placed under seal. Thank you very

Page 10547

1 much.

2 Mr. Whiting.

3 MR. WHITING: Thank you, Your Honour.

4 Cross-examination by Mr. Whiting: [Continued]

5 Q. Good afternoon, sir. Do you have before you both your trial

6 statement and the OTP statement?

7 A. I do.

8 Q. I notice you also have what appears to be a binder on your desk

9 and I would ask if you wouldn't mind putting that away because that's not

10 part of the examination. Thank you. Sir, could you look -- oh.

11 MR. WHITING: Could we move into private session, please -- no,

12 I'm sorry. For the moment, we do not need to. We will in a second.

13 Q. Sir, could you look at paragraph 50 of your trial statement.

14 There, you see, you see you talk about the closing of the highway in 1995.

15 Now, are you aware that that -- the highway was closed on the 28th of

16 April, 1995; correct?

17 A. Yes, I'm aware of that.

18 Q. And are you aware that on the 29th of April and on the 30th of

19 April, representatives of UNPROFOR repeatedly urged the Serb authorities

20 to re-open that highway?

21 A. I wasn't a member of the local authorities, and therefore no one

22 got in touch with me.

23 Q. So you're not aware of that fact?

24 A. No, I'm not. Why should I?

25 Q. Okay. You just -- just tell me if you're aware of not. There's

Page 10548

1 no need to go further --

2 JUDGE MOLOTO: You don't have to be angry with the Prosecutor,

3 sir. If he asks you a question and you don't know it, just say you don't

4 know; you don't have to scold him. Okay.

5 MR. WHITING: Thank you, Your Honour.

6 Could we go into --

7 THE WITNESS: [Interpretation] I don't know. I'm not aware of

8 that.

9 MR. WHITING:

10 Q. Thank you.

11 MR. WHITING: Could we go into private session, please.

12 JUDGE MOLOTO: May the Chamber please move into private session.

13 [Private 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 Mr. Milovancevic.

18 MR. MILOVANCEVIC: [Interpretation] Thank you, Your Honour.

19 Re-examination by Mr. Milovancevic:

20 Q. [Interpretation] Witness, good afternoon.

21 A. Good afternoon.

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5 MR. WHITING: I'm sorry, I'm sorry, I wonder if we shouldn't be in

6 private session for that.

7 JUDGE MOLOTO: Just because of that question that you just put,

8 Mr. Milovancevic, maybe we should move into private session. And may,

9 then, we ask that that question and answer be redacted.

10 [Private 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. That justifies why I cannot

17 call you by name, but I just wanted to say this brings us to the end of

18 your testimony now. And on behalf of Chamber and of the Tribunal I just

19 want to thank you very much for taking time off from your schedule to come

20 and testify in this matter. You are now excused. You may stand down.

21 Thank you very much.

22 [The witness withdrew]

23 JUDGE MOLOTO: Mr. Milovancevic.

24 MR. MILOVANCEVIC: [Interpretation] Your Honour, this was -- this

25 would bring us to the end for today. I believe we are close to the

Page 10637

1 finishing hour anyway, and our next witness is due tomorrow.

2 JUDGE MOLOTO: Thank you very much. Then we'll take an

3 adjournment until tomorrow at quarter past 2.00 in this courtroom, II.

4 Court adjourned.

5 --- Whereupon the hearing adjourned at 6.46 p.m.,

6 to be reconvened on Friday, the 3rd day of

7 November, 2006, at 2.15 p.m.

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