Tribunal Criminal Tribunal for the Former Yugoslavia

Page 14319

 1                           Friday, 12 July 2013

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 9.36 a.m.

 5             JUDGE ORIE:  Good morning to everyone in and around this

 6     courtroom.

 7             Madam Registrar, would you please call the case.

 8             THE REGISTRAR:  Good morning, Your Honours.

 9             This is the case number IT-09-92-T, the Prosecutor versus

10     Ratko Mladic.

11             JUDGE ORIE:  Thank you, Madam Registrar.

12             The Chamber was informed that the Defence wanted to raise a

13     preliminary matter.

14             Mr. Stojanovic.

15             MR. STOJANOVIC: [Interpretation] Good morning, Your Honours.

16     Thank you.

17             I should like to ask once again, Your Honours, in keeping what

18     you've told us last time, to move again to urgently resolve the issue of

19     the means and pace of work in view of the health of General Mladic.  The

20     reason for my address today is that we received yesterday a new report of

21     the medical officer of the Detention Unit, who stands by his previous

22     proposal.  And every visit we make to General Mladic also encourages us

23     to ask for this to be solved as soon as possible.

24             JUDGE ORIE:  Mr. Stojanovic, if the decision will not be signed

25     and filed today, then it will not be later than Monday or Tuesday, if

Page 14320

 1     that is sufficient.  It also shows that we are working on it very hard.

 2             MR. STOJANOVIC: [Interpretation] Thank you, Your Honours.

 3             JUDGE ORIE:  Then I would like to raise a preliminary scheduling

 4     matter about the 92 ter motions in relation to Richard Wright and

 5     Christopher Lawrence.

 6             On the 1st of July, the Prosecution has filed two urgent Rule

 7     92 ter motions pertaining to Witnesses Wright and Lawrence who are

 8     currently scheduled to testify in the week of the 15th of July.  On the

 9     4th of July, the Prosecution filed its notice of disclosure of additional

10     expert reports including three reports by Witness Wright.

11             The Prosecution submitted that cognisant of the short notice the

12     Defence has received of the Prosecution's intention to tender these three

13     additional reports by Witness Wright, it is prepared to recall the

14     witness after the summer recess for additional examination, if necessary.

15             On the 10th of July, the Defence filed its response to the

16     motion.

17             In its responses the Defence submits, inter alia, that is

18     inappropriate to introduce extracts from previous testimonies of these

19     witnesses into evidence as the Chamber has not yet reached a conclusion

20     with regard to the overall reliability of Wright and Lawrence as expert

21     witnesses and the statuses of their reports disclosed by the Prosecution

22     on the 6th of November, 2012.

23             In this respect, the Chamber would like to remind the parties of

24     its oral decision of the 24th of May of this year where it considered

25     Witness Wright as an expert in the field of forensic archeology and

Page 14321

 1     Witness Lawrence as an expert in the field of forensic pathology.

 2             Furthermore, the Chamber deferred its decision of admission into

 3     evidence of the tendered reports of these witnesses until the time of

 4     their respective testimonies.  It is therefore for the Defence to show

 5     the alleged unreliability of these witnesses.

 6             The Defence further submits that the 92 ter motions were filed

 7     less than 30 days before the expected testimony of Witness Wright and

 8     Lawrence and is not in compliance with the Chamber's guidance.  It also

 9     complains about the late filing of the Prosecution's notice containing

10     three additional reports by Witness Wright.

11             As to Witness Lawrence, having reviewed the Defence's submissions

12     and the transcripts tendered by the Prosecution, the Chamber considers

13     that Witness Lawrence can be called to testify in the week of the

14     15th of July as scheduled.  The Chamber further considers that at the end

15     of its cross-examination, the Defence may, if necessary, request that the

16     witness return for further cross-examination.

17             As to Witness Wright, having verified the matter with the

18     Victims and Witness Section, the Chamber notes that the witness was

19     expected to arrive in the Netherlands from Australia early this morning.

20     Consequently, the Chamber considers it to be in the interest of justice

21     that he commences his testimony on Monday, the 15th of July, as

22     scheduled.

23             I immediately add to this that if the Prosecution would examine

24     the witness on the three additional reports, that the Chamber will grant

25     any request by the Defence to have further time to prepare for

Page 14322

 1     cross-examination on those three reports.  It's very unfortunate that the

 2     witness is already on his way because it may result in perhaps a waste of

 3     resources - I do not know yet - but therefore we start.  The Defence is

 4     expected to cross-examine the witness on the reports other than the three

 5     new ones.  If the Defence would be ready to cross-examine him also on the

 6     latest three reports, that's fine.  But if the Defence considers that it

 7     needs more time to prepare, then the witness will have to be recalled for

 8     further cross-examination.

 9             Of course, it's also -- the Prosecution could also withdraw the

10     three reports and then, of course, that complication does not arise any

11     further.  But we leave that entirely in the hands of the Prosecution.

12     But once examined-in-chief on it, the Defence will have full

13     opportunities to prepare even if that would mean recalling him at a later

14     date.

15             Is this clear to the parties?  Then we turn into closed session

16     and will remain for most of the day, if not all of the day, in closed

17     session to hear further testimony of these -- of the present witness.

18                           [Closed session]

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)

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11  Pages 14323-14408 redacted.  Closed session.















Page 14409

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 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11                           [Open session]

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

13             JUDGE ORIE:  Thank you, Madam Registrar.

14             I would like to thank, first of all, everyone who assisted in by

15     spending five more minutes to avoid that a witness had to stay here for

16     72 hours and then remain in Court for a few minutes.  Thank you, all, for

17     that.

18             We adjourn for the day and will resume on Monday the 15th of July

19     at 9.30 in the morning in this same courtroom III.

20                           --- Whereupon the hearing adjourned at 2.19 p.m.,

21                           to be reconvened on Monday, the 15th

22                           day of July, 2013, at 9.30 a.m.