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1 Friday, 6 March 2009
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24 [Open session]
25 THE REGISTRAR: We're in open session, Your Honours.
Page 5234
1 JUDGE ROBINSON: I take this opportunity to deal with two matters
2 that had been raised earlier in the week.
3 Mr. Alarid, you'll recall that the Chamber required you to
4 provide by today a list of witnesses previously noticed but who would not
5 be called. Has that been done?
6 MR. ALARID: Well, Your Honour, not with the perfect precision,
7 only that we submitted a list with all the witnesses we were going to
8 call, and everyone else we're excluding. So we did it in the polar
9 opposite way but accomplishing, hopefully, the same goal.
10 JUDGE ROBINSON: Thank you. The next matter --
11 MR. GROOME: Your Honour.
12 JUDGE ROBINSON: Mr. Groome.
13 MR. GROOME: I would like you just to clarify that. The only
14 thing that we've received from the Defence is a list of witnesses for
15 next week. Are we talking about the same list?
16 MR. ALARID: No, we sent a different one, and it's really just
17 exhaustive of all we intend to -- and it was sent -- it's being sent now.
18 I apologise. It was due today. Yes.
19 JUDGE ROBINSON: The next matter relates to the two survivors,
20 the mother and the daughter. I had asked you to bring me up to date with
21 regard to their appearance next week. I should tell you that I have been
22 informed that the mother is in a position to attend on Wednesday. The
23 Chamber had decided not to have the daughter called.
24 MR. ALARID: And I would agree with that, Your Honour, simply
25 because, one, when we spoke with them, she just sat silent, so there was
Page 5235
1 no issue. Her being at age 4, I wouldn't have had any real expectation
2 of memory to be clear from that tender age, nor did I want to wake up any
3 of the trauma that she might have experienced at that tender age. But
4 it's also my understanding that she wishes to attend as support person,
5 which is VWS standard, you know, a standard offer for witnesses with
6 delicate situations.
7 JUDGE ROBINSON: That's a matter for VWS. All right. We are
8 adjourned.
9 MR. IVETIC: Your Honour, there was one issue with respect to --
10 JUDGE ROBINSON: Mr. Ivetic.
11 MR. IVETIC: I apologise. I can't get my e-mail open, but VWS
12 had communicated to me that the mother had wanted some protective
13 measures. I don't know whether they've communicated that to
14 Your Honours, or whether we should --
15 JUDGE ROBINSON: That's for you to --
16 MR. IVETIC: Indicate, okay --
17 JUDGE ROBINSON: -- indicate to the Chamber.
18 MR. ALARID: And Your Honour, this is a quandary because the
19 witness at least in general sense, and I don't think understanding it,
20 said she want to stay in the room in closed session so no one could know
21 she was here. So I mean, that's obviously the most extreme of protective
22 measures, and not being able to sort it out, you know, obviously our
23 concern is too much protective measures, you know, avoids the public --
24 you know, this issue being brought out in public, but also I respect the
25 concerns of this witness. So I think we can talk about it next week, but
Page 5236
1 I'm not sure how we'll deal with that.
2 [Trial Chamber and legal officer confer]
3 JUDGE ROBINSON: So in the normal way, you will have an
4 opportunity to proof her, and then you can indicate to the Court on the
5 basis of representations made to you, what measures you wish, if any.
6 We are adjourned.
7 --- Recess taken at 10.24 a.m.
8 --- On resuming at 10.55 a.m.
9 JUDGE ROBINSON: In the absence of Judge Van Den Wyngaert,
10 Judge David and I sit pursuant to the provisions of Rule 15 bis.
11 Mr. Cepic, I understand you have questions to ask.
12 MR. CEPIC: Thank you, Your Honour, for this opportunity. In a
13 previous practice during the Milan Lukic Defence case, we didn't have any
14 questions for the witnesses, so I'm just wondering now what is the order
15 after the examination of Milan Lukic's Defence team?
16 JUDGE ROBINSON: Yes. I'll allow you to go first and then the
17 Prosecutor afterwards.
18 So let the witness be brought in.
19 [Closed session]
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5 --- Whereupon the hearing adjourned at 2.09 p.m.
6 to be reconvened on Tuesday, the 10th day of March,
7 2009, at 2.15 p.m.
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