Tribunal Criminal Tribunal for the Former Yugoslavia

Page 5518

 1                           Monday, 16 March 2009

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 8.52 a.m.

 5             JUDGE ROBINSON:  Mr. Alarid, the witnesses?

 6             MR. ALARID:  Your Honour, Miss -- are we in private session?

 7             JUDGE ROBINSON:  Private session.

 8                           [Private session]

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11                           [Open session]

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

13             JUDGE ROBINSON:  I was saying, Mr. Alarid, that the transcript

14     will show that the explanation that you have given for the absence of a

15     witness, and it's in the interest of the public that when witnesses are

16     absent and there is no hearing that an explanation be given.  In the

17     circumstances, we will adjourn until tomorrow morning at 10 minutes to

18     9.00.

19             It's occurring to me, though, Mr. Alarid, that -- and in the law

20     experience that I've developed here that I might ask you about a reserve,

21     a back-up witness.  You ought to have had a planning in place that would

22     have provided for a reserve or a back-up witness in the event that your

23     primary witness was for, whatever reason, not able to attend.

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12             JUDGE ROBINSON:  Yes.  So I was expecting that you'd have a full

13     roster for the rest of the week.

14             MR. ALARID:  Your Honour, absent to you allowing us to bring

15     other people from -- where our amendments, my experts are all I have to

16     bring, and we have one person with regards to the passport.  But other

17     than that, we're winding up, Your Honour, with the witnesses absent.  The

18     subpoenas that were absent until Friday, I mean, had those come a little

19     sooner, we might have been able to secure two of those because they were

20     willing witnesses but needed subpoenas for purposes of their positions.

21     But that was one of the problems with the timing of those decisions, and

22     I think the collateral ex parte matters that had been happening

23     complicated our ability to do that.

24             JUDGE ROBINSON:  But you should be able to get some of those

25     subpoenaed.  You have until the --

Page 5521

 1             MR. ALARID:  24th.

 2             JUDGE ROBINSON:  The 24th.

 3             MR. ALARID:  I hope, so Judge, but we just got your decision

 4     Friday, so we didn't have the subpoenas issued until Friday.

 5                           [Trial Chamber confers]

 6             JUDGE ROBINSON:  But in the circumstances, we are adjourned until

 7     tomorrow morning.

 8                           --- Whereupon the hearing adjourned at 8.59 a.m.,

 9                           to be reconvened on Tuesday, the 17th day of March,

10                           2009, at 8.50 a.m.

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