Tribunal Criminal Tribunal for the Former Yugoslavia

Page 15265

1 Monday, 9 September 2002

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 2.16 p.m.

5 JUDGE LIU: Call the case, please, Madam Registrar.

6 THE REGISTRAR: Good afternoon, Your Honours. This is case number

7 IT-98-34-T, the Prosecutor versus Naletilic and Martinovic.

8 JUDGE LIU: Thank you very much. Before we start, are there

9 anything that both parties would like to address to this Trial Chamber?

10 MR. SCOTT: Yes? Doesn't matter to me the order particularly.

11 Mr. President, I don't know what may have been resolved in the last

12 few hours but as you know I brought to the attention of your staff this

13 morning, and to the Defence in fairness to Mr. Seric, because I didn't

14 want him to be surprised by our position and I should also say that we do

15 appreciate the fact that this morning at approximately 9.30 we were faxed

16 a letter indicating an order of three witnesses for this week. On the one

17 hand, I must say I'm glad to have received the notice at 9.30. And that I

18 appreciate. However, the issue and the problems I've raised for the

19 Chamber is that if we understand it correctly, the order of witnesses

20 has been changed in our view somewhat significantly, and we went into the

21 weekend thinking that we were looking at a certain order of witnesses and

22 preparing accordingly and planning our schedules accordingly. And as of

23 9.30 this morning, the order of witnesses again had changed. As to some

24 of these witnesses -- I'm getting apparently this computer is shutting

25 down, Your Honour. Sorry for the noise.

Page 15266

1 THE REGISTRAR: I've called someone to come and take care of the

2 matter.

3 MR. SCOTT: As to -- well, perhaps Your Honour it's most efficient

4 just as an abundance of caution we should move into private session in

5 case witness names are mentioned.

6 JUDGE LIU: Yes. We go to the private session, please.

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16 --- Break taken at 2.37 p.m.

17 --- On resuming at 3.16 p.m.

18 [Open session]

19 JUDGE LIU: Well, before we have the witness, I must say that

20 during the break, I was reminded that this Chamber has not received a

21 statement of the expert witness in Martinovic's case.

22 Mr. Seric, would you please submit the statement of the expert

23 witness tomorrow? Since we are going to hear that witness next week.

24 MR. PAR: [Interpretation] Mr. President, if I may reply to your

25 question, since I am personally in charge, the statement was submitted two

Page 15275

1 days ago to the Chamber and to the Prosecution some 20 days ago, so two or

2 three days ago, I have received a warning from the secretary of the

3 Chamber that the statement has not been received, and we resubmitted it on

4 Thursday. Can you please check? Because we believe that the statement

5 has been submitted and that it has been submitted to the Prosecution and

6 that it was rather long time ago. And if you would allow me now to say

7 something else with regard to the witnesses?

8 Mr. President, since I was in charge of the list of witnesses, I

9 will say a few words about the situation which has occurred today. The

10 changes were due to the express request of our client, who has changed the

11 order of the witnesses because some of the witnesses decided not to give

12 their testimony, and because he believed that it does -- it makes a

13 difference whether witnesses' statements are taken in this order or in the

14 other. We, as his counsels, have to comply with our clients's request and

15 this is what we did. As soon as this was possible, we informed the

16 Prosecution and the Chamber about the changes.

17 I believe that you will all find it understandable that such

18 things can happen and that this Defence has never abused some of the

19 things arriving from the procedure during this procedure. We have been

20 prepared to allow our learned friends all sorts of concessions, to allow

21 them to prepare for their cross-examination. Today, we have called two

22 witnesses. Can we please move into private session if we are not in

23 private session already? JUDGE LIU: Yes, we are already in private session.

24 [private session]

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21 --- Whereupon the hearing adjourned at

22 3.30 p.m., to be reconvened on Tuesday,

23 the 10th day of September, 2002, at 2.15 p.m.

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