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
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?
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
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
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.
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
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
1 the Tribunal.
2 If there's nothing further, then I shall now adjourn the Status
4 --- Whereupon the Status Conference adjourned
5 at 8.10 a.m.