Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                          Wednesday, 18 January 2006

 2                          [Status Conference]

 3                          [The accused entered court]

 4                          --- Upon commencing at 8.00 a.m.

 5            JUDGE BONOMY:  Well, good morning, everyone.  Would the registrar

 6    please call the case first of all.

 7            THE REGISTRAR:  Yes.  Thank you, Your Honour.  Good morning

 8    everyone too.  Case number IT-98-32/1-PT, the Prosecutor versus Sredoje

 9    Lukic.

10            JUDGE BONOMY:  Mr. Lukic, are you receiving a translation of the

11    proceedings into your own language?

12            THE ACCUSED: [Interpretation] Yes.

13            JUDGE BONOMY:  Thank you.  Be seated again, please.

14            Can I now take the appearances.

15            MR. HARMON:  Good morning, Your Honour.  Mark Harmon appearing

16    with Mr. Fergal Gaynor and Ms. Lise-Lotte Karlsson, our case manager.

17            JUDGE BONOMY:  Thank you, Mr. Harmon.

18            MR. HARMON:  Thank you.

19            JUDGE BONOMY:  For the accused.

20            MR. CEPIC:  Good morning, Your Honour.  I'm Djuro Cepic, and I'm

21    Defence counsel for Mr. Sredoje Lukic.

22            JUDGE BONOMY:  Thank you, Mr. Cepic.  Now, can I ask you first of

23    all if you have got yourself up to speed on this case.

24            MR. CEPIC:  Your Honour, I got short time, so --

25            JUDGE BONOMY:  How long have you been involved?

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 1            MR. CEPIC:  Actually, Your Honour, I received supporting material

 2    ten days ago, but I'm assigned on 16th of December.

 3            JUDGE BONOMY:  You're happy just to proceed in English?

 4            MR. CEPIC:  It wouldn't be a problem for me.

 5            JUDGE BONOMY:  The case has already involved two counsel, and

 6    Mr. Bezbradica submitted a challenge to the indictment.  I'm assuming that

 7    that is the extent of the preliminary motions which will be involved in

 8    the case because time obviously has expired for that.  I take it that's

 9    the position that you accept.

10            MR. CEPIC:  Yes, that's true, Your Honour.

11            JUDGE BONOMY:  All right.  Thank you very much.

12            MR. CEPIC:  Thank you, Your Honour.

13            JUDGE BONOMY:  I am afraid I need the earphones because the

14    acoustics in this particular court are not great.  No, I had removed them.

15            Now, this is a Status Conference affecting one accused out of

16    remaining two in this case.  The accused Milan Lukic remains on the

17    indictment but is not at the Tribunal.

18            Mr. Harmon, have you any idea whether and when it's likely that he

19    will be transferred to the Tribunal?

20            MR. HARMON:  I don't have precise information for you, Your

21    Honour.  I am informed that things have progressed nicely in Argentina,

22    that a Judge has signed an order, and I am hopeful -- I'm hopeful that by

23    early next month he will be here, but that's only a speculation.  At this

24    point, though, I am assured that matters are moving nicely in Argentina.

25            JUDGE BONOMY:  Thank you.  Now, you will remember the last time we

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 1    met a brief discussion about the Prosecution's motion to suspend all

 2    non-essential proceedings and we agreed to suspend the motion, or at least

 3    to suspend consideration of the motion to suspend.  I suspect there is no

 4    harm done by just leaving that situation be, or do you have anything to

 5    say to the contrary?

 6            MR. HARMON:  I would leave the situation, Your Honour.  I accept

 7    that.

 8            JUDGE BONOMY:  So that means that the motion outstanding in this

 9     -- well, at least the subject matter outstanding is the form of the

10    indictment, in relation to which there are two motions.  Now, I've given

11    consideration to both of these.  The Trial Chamber has not yet but will, I

12    think, fairly soon, because the last thing that happened was an order to

13    the Prosecution to clarify certain matters, and the deadline for that's

14    today.  Can I take it that deadline will be met?

15            MR. HARMON:  Yes, Your Honour.

16            JUDGE BONOMY:  Well, in that event I would be surprised if we

17    didn't issue a decision in relation to this in the course of next week.

18    The only reason that might change our mind on that would be an indication

19    that there was to be an imminent change in the position of Milan Lukic,

20    but my inclination at the moment is that the Trial Chamber will proceed to

21    deal with the motions that are outstanding in respect of Sredoje Lukic.

22            Now, that takes me, I think, to the question of disclosure, and

23    the supporting material has obviously been disclosed from what Mr. Cepic

24    has said.  The only other issue I think I ought to be absolutely clear

25    about is whether your obligations under Rule 68 have been complied with.

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 1            MR. HARMON:  It's an ongoing obligation, Your Honour, and we will

 2    continue to honour the ongoing obligation.  We have not complied

 3    completely, 100 per cent, with it.  As we go through the materials, we

 4    will turn it over.

 5            JUDGE BONOMY:  Can I take it some has been disclosed in terms of

 6    Rule 68, or has that not yet begun?

 7            MR. HARMON:  No, Your Honour.

 8            JUDGE BONOMY:  Nothing has.

 9            MR. HARMON:  No.

10            JUDGE BONOMY:  I hope the idea that this case might be remitted

11    doesn't delay that element of preparation, because whatever happens to the

12    case, whether it's here or elsewhere, that particular obligation will have

13    to be complied with and therefore it might as well be complied with sooner

14    rather than later.  I don't want to have to make orders about this.  I

15    would rather that as soon as possible there's some clear indication that

16    that obligation is being implemented.

17            MR. HARMON:  Your Honour, if -- yes.  I accept that as well.

18    Thank you.

19            JUDGE BONOMY:  Now, Mr. Cepic, is there any matter you wish to

20    raise with me or are there any comments you wish to make on what has gone

21    between Mr. Harmon and myself so far?

22            MR. CEPIC:  Your Honour, as I told you, I just received supporting

23    materials, so I would be very grateful if I received some additional

24    material from Prosecutor.

25            JUDGE BONOMY:  Well, we've discussed the material that obviously

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 1    he ought to give you, and you've heard an indication being given that any

 2    material which may assist the Defence will now begin to be disclosed to

 3    you, and that obligation will be complied with.  Is there any other matter

 4    you wish to raise at this stage?

 5            MR. CEPIC:  Your Honour, no.

 6            JUDGE BONOMY:  Now, what about Mr. Lukic's well-being?  Are you

 7    satisfied that he is being properly cared for in the Detention Unit and

 8    that he has no complaints?

 9            MR. CEPIC:  Yes, Your Honour.

10            JUDGE BONOMY:  Thank you very much.

11            MR. CEPIC:  Thank you.

12            JUDGE BONOMY:  I think in light of all that's been said this

13    morning, there's no reason to impose any particular deadline in relation

14    to any matter.  I'm relying on the Prosecution to proceed with their

15    obligations of disclosure in accordance with the usual regime without any

16    particular order and as if there was no application to remit the case from

17    the Tribunal.  Otherwise, there is nothing that requires a particular

18    deadline to be set today except to indicate when the next Status

19    Conference, if it's necessary, will be held.  As long as the case remains

20    here, there will be a Status Conference on the 18th of May.  That's the

21    latest date at which it could possibly take place.  You should bear that

22    in mind.  So if there's any reason when you check later why that may not

23    be possible, then I should be informed immediately.  I've set it as late

24    as possible for two reasons; because of the possible arrival of Milan

25    Lukic and also because of the possibility of the case being remitted from

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 1    the Tribunal.

 2            If there's nothing further, then I shall now adjourn the Status

 3    Conference.

 4                          --- Whereupon the Status Conference adjourned

 5                          at 8.10 a.m.