Tribunal Criminal Tribunal for the Former Yugoslavia

Page 2326

 1                           Thursday, 4 December 2008

 2                           [Open session]

 3                           [The accused entered court]

 4                           [The witness entered court]

 5                           --- Upon commencing at 2.15 p.m.

 6             JUDGE MOLOTO:  Good afternoon, to everybody in and around the

 7     courtroom.  Madam Registrar, will you please call the case.

 8             THE REGISTRAR:  Good afternoon, Your Honours.  Good afternoon,

 9     everyone in and around.  This is case number IT-04-81-T, the Prosecutor

10     versus Momcilo Perisic.

11             JUDGE MOLOTO:  Thank you very much.  Could we have appearances

12     for today starting with the Prosecution.

13             MR. THOMAS:  May it please Your Honours, Barney Thomas, Rafael La

14     Cruz, and Carmela Javier for the Prosecution.

15             JUDGE MOLOTO:  Thank you very much.  And for the Defence.

16             MR. LUKIC: [Interpretation] Good afternoon, Your Honours.  Good

17     afternoon to everyone in the courtroom.  Mr. Perisic's Defence will today

18     be represented by Tina Drolec and Milos Androvic, our assistants; Daniela

19     Tasic, our case manager; and I as his Defence counsel.

20             JUDGE MOLOTO:  Thank you very much, Mr. Lukic.  May I just

21     mention that due to some other business that Judge David had to attend

22     to, the Chamber is sitting pursuant to rule 15 bis this afternoon.

23             Good afternoon, Mr. Koster.  Just to remind you, sir, that you

24     are still bound by the declaration you made at the beginning of your

25     testimony to tell the truth, the whole truth and nothing else but the

Page 2327

 1     truth.

 2             THE WITNESS: [Interpretation] I know that, thank you.

 3             JUDGE MOLOTO:  Thank you.

 4             MR. LUKIC: [Interpretation] Thank you, Your Honour.

 5                           WITNESS:  EELCO CHRISTIAN MARTIN JODOCUS KOSTER

 6     [Resumed]

 7                           [Witness answered through interpreter]

 8                           Cross-examination by Mr. Lukic [Continued]

 9        Q.   Mr. Koster, good afternoon.  Let us continue -- well, I won't be

10     taking much time to cross-examine you today.  If you recall, the day

11     before yesterday when we were about to end, I was asking questions about

12     your conversation with General Mladic, and you mentioned the instructions

13     that you had received from your operation centre, that you were to relay

14     to Mladic the message to contact your superior, Mr. Karremans.

15             My first question to you is, did you hear whether the two of them

16     actually got in contact?  Did you receive any feedback about their

17     contacts, if any?

18        A.   [No interpretation]

19             JUDGE MOLOTO:  We are not receiving any interpretation.

20             THE WITNESS: [Interpretation] I chose to stay in my position.

21             JUDGE MOLOTO:  The witness had said a lot more than just that.

22             THE INTERPRETER:  May the witness please repeat what he said.

23             JUDGE MOLOTO:  Will you please repeat yourself, Mr. Koster, I'm

24     sorry about that.

25             THE WITNESS: [Interpretation] Yes, thank you, Your Honour.  In

Page 2328

 1     answer to your question, I told to General Mladic that he should contact

 2     my commander.  He chose not to do so, and he stayed with me, so I do not

 3     know whether maybe they had contact afterwards.  But at the time when he

 4     was with me, they had no contact.

 5             MR. LUKIC: [Interpretation]

 6        Q.   And in the following days, did Mr. Karremans go to Potocari?

 7        A.   Commander Karremans did at a certain moment come to my position,

 8     but General Mladic was not at my position at that time.

 9        Q.   The same day when you yourself had this encounter with Mladic,

10     first encounter?

11        A.   No, no.  He was not at my position, Karremans.  They did not have

12     contact at my position.

13        Q.   No.  My question is only whether on that day when you had the

14     first encounter with Mr. Mladic and when you relayed to him this message

15     that he should contact Karremans, whether on that day Karremans came to

16     Potocari later on once Mladic had left?

17        A.    Yes, yes.  Karremans, Commander Karremans, at a certain time

18     came to my location, but I do not remember whether that was the same day

19     or the day after.

20             JUDGE MOLOTO:  Just so that I follow, is it not so, Mr. Koster,

21     that Mr. Karremans was in the same compound with you at Potocari but in a

22     different building from where you were with Mr. Mladic, or am I

23     misunderstanding something?

24             THE WITNESS: [Interpretation] What you say is correct.  I was

25     outside the compound with the refugees, and Mr. Karremans was in the

Page 2329

 1     compound, and he was not in my position, not where I was.

 2             JUDGE MOLOTO:  And this compound is in Potocari?

 3             THE WITNESS: [Interpretation] Yes, it is.

 4             JUDGE MOLOTO:  Because I wasn't understanding your question when

 5     you say did he come to Potocari.

 6             MR. LUKIC: [Interpretation] Because it was my understanding

 7     having read some other transcripts that Mr. Karremans was in Srebrenica

 8     at the time, but now we heard from the witness -- well, this is why I

 9     actually wanted to ask this question, but now we've cleared that up.

10             JUDGE MOLOTO:  Thank you.

11             MR. LUKIC: [Interpretation]

12        Q.   Mr. Koster, you left the enclave of Srebrenica, and you left

13     Potocari on the last convoy; I think it was on the 21st of July.  Now, my

14     question, is that so?

15        A.   Indeed.  I left the enclave with the last convoy, but the exact

16     date I cannot remember offhand.

17        Q.   Well, this is not important to me.  I want to ask you whether you

18     recall if Colonel Karremans was on the same convoy, whether he left the

19     enclave on the same convoy as you did.

20        A.   Yes.

21        Q.   I will now show you a segment of the transcript of your evidence

22     in the -- in the proceedings to confirm the indictment against Karadzic

23     and Mladic.  That's P383, page 16.  Could we please have that up in

24     e-court.  You answered some questions that were asked by the Trial

25     Chamber.  Could we see the lower part.  That's line 25, Judge Odio Beneto

Page 2330

 1     asking you questions, and she asked you:  [In English] "Had you, your

 2     team, ask for help to your superiors or to the superior of command of

 3     NATO or UNPROFOR to face this emergency?"

 4             [Interpretation] Your response is:  [In English] "I did not, no."

 5             "Did you receive any additional support for help before or after

 6     11th of July?"

 7             And answer is:  "No."

 8        A.   The translation was not complete, so could you please repeat the

 9     question.  That may be difficult, maybe, but please do repeat the

10     question.

11        Q.   [Interpretation] You have the transcript in front of you,

12     starting with line 26 in the English language.  [In English] "Had you,

13     your team, asked for help to your superiors or to the superior command or

14     NATO or UNPROFOR to face this emergency?

15             Answer:  "I did not, no.  No."

16             "Did you receive any additional support for help before or after

17     11th of July?"

18             Answer:  "No."

19        A.   I do remember that I said that, yes, so --

20        Q.   [Interpretation] I was about to ask the question.  In fact, I

21     merely wanted to first show this part of the transcript to the witness.

22     My question is:  Do you recall if any of your superiors, Karremans or

23     whoever, from your unit tell you that at that time, in the period after

24     the 11th, that any intervention was sought from NATO or UNPROFOR

25     regarding the situation that ensued after the 11th of July, and I'm

Page 2331

 1     referring in particular to the huge number of refugees that showed up at

 2     Potocari.

 3        A.   I do not remember.  At that time, I was very busy handling the

 4     situation at my position, and I do not recall whether I had contact with

 5     my superiors about this.

 6             JUDGE MOLOTO:  That's not the question.  The question is not

 7     whether you had contact with your superiors.  The question is:  "Do you

 8     recall if any of your superiors, Karremans or whoever from your unit,

 9     told you" -- or "tell you that at that time, in the period after the

10     11th, that any intervention was sought from NATO or UNPROFOR regarding

11     the situation..."  Did Karremans give you any report about any help that

12     he sought from somebody else?

13             THE WITNESS: [Interpretation] I can't remember that at this time,

14     Your Honour.  I'm sorry.

15             JUDGE MOLOTO:  Thank you very much.

16             MR. LUKIC: [Interpretation]

17        Q.   Now, I'll ask you something about another topic, and it concerns

18     your testimony and some of the documents admitted into evidence.

19             You described how on the 13th in the afternoon, you heard that

20     near the base there were about nine corpses, and you then went there with

21     your colleague Mr. Van Shaik.  Do you remember where you were when you

22     heard these rumours, when this information reached you.

23        A.   Yes, the information reached me in two different ways.  I heard

24     about this when I was at the compound, and I subsequently heard about it

25     when I was at my position with the refugees.

Page 2332

 1        Q.   Do you remember whether you were told this by the refugees or

 2     your colleagues from your unit?

 3        A.   I remember that the contact at the compound was with my

 4     colleagues, and they told me over there that there were rumours about

 5     that, but I don't know for certain, when I was back at my position with

 6     the refugees outside the compound, I don't know whether I heard that from

 7     the refugees as well as from my colleagues.

 8        Q.   You remained at the base in Potocari until the last part of the

 9     convoy left, and in your previous testimony you mentioned the date of the

10     21st of July.

11             My question is the following:  When was the evacuation of

12     civilians completed?  When were all the civilians taken away from the

13     base in Potocari?  Do you remember that?

14        A.   Well, I have a question for clarification purposes.  Do you mean

15     the refugees who were out of the compound or all refugees who were at the

16     compound?

17        Q.   I mean both.  The refugees, that is.

18        A.   Thank you.  The refugees outside the compound, I remember that

19     was on the 13th.  It happened on the 13th.  At the time I went back to

20     the compound and when I wanted to make my way back to my position outside

21     the compound, I was told that the refugees had already been evacuated.

22     As far as the refugees at the compound were concerned, I can't say with

23     absolute certainty on what day the last ones left.

24        Q.   Can you tell us that in relation to the time when you left, did

25     you remain at the base on your own for a few days after the refugees left

Page 2333

 1     in?

 2        A.   No.

 3        Q.   Do you remember that there was a group of wounded who were

 4     evacuated after the refugees left and that some international

 5     organisations were present at their evacuation?

 6        A.   Yes, I remember that.

 7        Q.   After the large group is evacuated, the group that was outside

 8     the base on the 13th of July, you went back to your regular tasks, that

 9     is, your preparations to leave the enclave; is that correct?

10        A.   Yes, that's correct.

11        Q.   Until you left the enclave definitely, did you continue to have

12     the kind of daily briefings you had had before these events?

13        A.   I don't know whether they were issued every day.  I was informed

14     about the state of affairs, but I don't know whether that happened every

15     day.

16        Q.   When you say you were informed, I assume you had some sort of

17     meeting where the officers gathered and received information.  That's my

18     understanding of the word "briefing."

19        A.   Yes, but I cannot tell you whether that happened every day.

20             JUDGE MOLOTO:  But did it happen in that manner?  Did you get the

21     briefing in the form of a group of officers being briefed by somebody

22     else, maybe a superior, or did you get informed by written notes to

23     wherever you were?  I thought that was the gravamen of the question.

24             THE WITNESS: [Interpretation] Your Honour, I request that the --

25     I would like to clarify the answer.  Information was distributed in the

Page 2334

 1     format of a briefing, as you meant, but also orally.  I can't tell you

 2     how many times I was given a briefing or how many times I was simply in

 3     oral contact with my colleagues.

 4             MR. LUKIC: [Interpretation]

 5        Q.   Before these events, you had briefing meetings twice a day, in

 6     the morning and in the afternoon, regular meetings of the officers in

 7     your unit.  Do you remember that?

 8        A.   Yes, I remember that.

 9        Q.   At these meetings, information that officers had obtained was

10     exchanged, and the superiors gave you tasks and told you what to do next.

11        A.   Yes.

12        Q.   During your stay in the enclave after these events until the time

13     you left the enclave definitely with the last group of convoys of members

14     of your unit, you heard of no massacres, murders, or other crimes on the

15     territory of Potocari, Srebrenica, and the entire enclave; is that

16     correct?

17        A.   During that period, there were various rumours that circulated,

18     but I did not receive official reports during a briefing apart from my

19     own perception of the nine dead that I found.

20             MR. LUKIC: [Interpretation] Could we have part of P383, page 17,

21     on the screen again.

22        Q.   You answered Judge Beneto's questions here, and it's line 16.

23     I'll read it in English.  [In English] "Did you hear about massacre

24     committed by Serb soldiers, again, Muslims, in around Srebrenica,

25     Potocari, Bratunac at that time?"

Page 2335

 1             "No, I only learned on Wednesday that there were position, there

 2     were rumours about eight or nine bodies."

 3             "After those days have you heard about massacre committed?"

 4             "No, only when I returned in the news."

 5             [Interpretation] My question is the following:  When you say when

 6     "I returned in the news," do you mean when you returned to the

 7     Netherlands?  Did you hear it in the news there?

 8        A.   Yes.

 9             MR. LUKIC: [Interpretation] I have no further questions, Your

10     Honour.

11             JUDGE MOLOTO:  Thank you very much, Mr. Lukic.

12             Mr. Thomas.

13             MR. THOMAS:  Thank you, Your Honours.

14                           Re-examination by Mr. Thomas:

15        Q.   Good afternoon again, Colonel.

16             Colonel, you were asked on Tuesday by my learned friend at page

17     22554, Your Honours, of the transcript at line 18, you were asked if

18     whether in the course of your meeting with General Mladic you had any

19     reason to suspect that he would not be taking the refugees to a safe

20     territory; and as part of your answer to that question, you said that

21     there was cause for you to doubt the certainty that he would, indeed,

22     relocate them in a proper manner.

23             Do you remember the questions that you were asked on Tuesday

24     about this issue?

25        A.   Yes, I remember that question.

Page 2336

 1        Q.   Colonel, did you or any other members of DutchBat do anything

 2     about those concerns that you had?

 3        A.   Yes.  We expressed those concerns, and ultimately we were able to

 4     turn those into action when the male were separated from the female

 5     refugees.  We tried to get as many men as possible onto the buses and

 6     trucks.

 7        Q.   Get as many -- which men?  Sorry, which men on the buses and

 8     trucks?

 9        A.   In this case, the men who were selected by the Bosnian Serb

10     soldiers from the refugees, we tried to get them on the buses and trucks

11     after all.

12        Q.   And how would you do that?

13        A.   It was tricky because we needed to use oral tactics and use

14     arguments to wrest people free from the Bosnian Serb soldiers and to pull

15     them away from them, to get them -- to propel them in the direction of

16     the mass of refugees, and sometimes that worked, but other times the men

17     were dragged along, anyway, and taken away in the direction of the white

18     house, so it was very tricky.

19        Q.   What sort of arguments would you use?

20        A.   In my case, it was a bit easier for my fellow members of the

21     military because I was able to invoke my rank and state that I objected

22     to the men being taken away, and sometimes I was able to voice that in

23     more forceful terms, and the Bosnian Serb soldiers responded to that, and

24     then I would use the doubt on the part of the Bosnian Serb soldiers to

25     take the younger men and the more elderly men away and, in the confusion,

Page 2337

 1     to propel them toward the buses.  We tried to indicate that we objected

 2     to the men being separated from the women.

 3        Q.   Did you or other DutchBat soldiers have concerns for the people

 4     already on the buses?

 5        A.   Yes, in two ways.  One was, what is going to happen to these

 6     people and where they were headed, because it was unclear to us where

 7     they would be taken, and in which direction; and B, what would happen to

 8     them?  We had no idea.  We hadn't been told, so we were concerned about

 9     that.

10        Q.   Did you or other DutchBat officers do anything about that

11     concern?

12        A.   Yes.  We tried basically on every bus or truck to place at least

13     one DutchBat serviceman so that we had a clear view and some control over

14     where the refugees were going and what would happen to them.  I believe I

15     remember that we succeeded with one of the first buses, but on the next

16     buses and trucks, my people were sent away.

17        Q.   Who would send them away?

18        A.   The Bosnian Serb servicemen sent them away.  They did not agree

19     to DutchBat soldiers accompanying the transport of the refugees.

20        Q.   Besides trying to get DutchBat soldiers onto the buses

21     themselves, did you take any other steps?

22        A.   Yes.  In the end, we tried to accompany the refugees in an

23     orderly as manner as possible to the buses, and we tried to stay near the

24     refugees.  When they started to leave the position where the refugees

25     were and started walking along the road past the bus, we tried to escort

Page 2338

 1     them because at first they were beaten and kicked by the Bosnian Serb

 2     servicemen.  The refugees were beaten and kicked, so we tried to stop

 3     that by standing in between them and trying to be present in as many

 4     places as possible to provide some supervision over how the refugees were

 5     being evacuated.  It was very tricky because we had very few people on

 6     site.

 7        Q.   Once buses were loaded up and were either preparing to leave or

 8     were leaving, did you take any -- or you -- I'm sorry.  Did you or any

 9     other DutchBat soldiers take any steps at that point?

10        A.   I'm sorry.  I don't completely understand that question.  Could

11     you please repeat it one more time.

12        Q.   Once the buses were filled and about to go or had begun to leave,

13     did you or any other DutchBat soldiers take any steps at that point?

14        A.   Yes.  The steps we took included reporting that the buses were

15     setting off on the ops room, and by the ops room they tried to escort the

16     evacuation.  One or two jeeps tried to escort it, and we then protested

17     and told the local commander of the Bosnian Serb military on site that

18     they had to wait until we were able to escort the convoy of refugees and

19     could be there, but they did not wait.

20             JUDGE MOLOTO:  What is an ops room?  There's something mentioned

21     in your answer, Mr. Koster.  It's page 13, line 6, if you look at your

22     screen.  It's typed in there but incomplete.

23             THE WITNESS: [Interpretation] Operations room.  I mean the

24     operations room, Your Honour.  Ops room.

25             JUDGE MOLOTO:  Thank you so much.

Page 2339

 1             MR. THOMAS:

 2        Q.   Just so that we're clear, Colonel, whose jeeps were attempting to

 3     escort the buses?

 4        A.   [In English] The jeeps from DutchBat.

 5        Q.   And were any of the jeeps able to leave with the buses?

 6        A.   [Interpretation] Well, the number of jeeps was very limited,

 7     including the people who had to drive the jeeps.  There were very few of

 8     them.  As far as I can remember, they tried, but I'm not sure whether

 9     they succeeded.  I know that they tried to do so with the first convoy,

10     and with the other convoys, the jeeps were stopped.

11        Q.   By whom?

12        A.   The jeeps were blocked by the Bosnian Serb military who did not

13     agree to the jeeps escorting the buses and trucks.

14        Q.   Do you know what happened to the jeeps once they were stopped by

15     the Bosnian Serb soldiers?

16        A.   No.  All I know is that they were blocked, but I don't know what

17     happened to them.

18             MR. THOMAS:  Colonel, thank you.  That's all I have for you.

19     Their Honours might have some questions for you, if you would kindly wait

20     there.

21             JUDGE MOLOTO:  Thank you.

22                           Questioned by the Court:

23             JUDGE PICARD:  [Interpretation] Mr. Koster, I have a couple of

24     questions for you regarding the corpses you saw.  You said that you saw

25     eight or nine of them; is that right?

Page 2340

 1             THE WITNESS: [Interpretation] That's correct, Your Honour.

 2             JUDGE PICARD:  [Interpretation] Was that before the refugees

 3     arrived or once they were already with you?

 4             THE WITNESS: [Interpretation] The last, Your Honour, that

 5     happened when the refugees were at my location.

 6             JUDGE PICARD:  [Interpretation] Were they bodies of soldiers or

 7     civilians?

 8             THE WITNESS: [Interpretation] They were the bodies of civilians,

 9     Your Honour.

10             JUDGE PICARD:  [Interpretation] Do you have any idea of how they

11     were killed, or was it impossible to know that?

12             THE WITNESS: [Interpretation] I found these civilians, and they

13     had bullet wounds in their back, so my idea is indeed that they were

14     murdered.

15             JUDGE PICARD:  [Interpretation] Thank you.

16             JUDGE MOLOTO:  Thank you very much.  Any questions arising from

17     the Judge's questions, Mr. Thomas?

18             MR. THOMAS:  Your Honour, just one matter by way of clarification

19     in relation to that subject.

20             JUDGE MOLOTO:  Yes.

21             MR. THOMAS:  The 92 ter package which has been filed does not

22     contain the previous testimony relating to those nine bodies, and that

23     was not a matter canvassed with Colonel Koster in his direct examination,

24     and the reason for that is because it constitutes one of the agreed facts

25     contained in the filed agreed facts on Srebrenica filed before this Trial

Page 2341

 1     Chamber.  So I just wanted to alert Your Honours to the reason why it

 2     doesn't appear in the package.  It's a matter which, as far as the

 3     parties are concerned, doesn't require any evidence because it is agreed.

 4             JUDGE MOLOTO:  Thank you very much, Mr. Thomas.

 5             MR. THOMAS:  Thank you, Your Honours.

 6             JUDGE MOLOTO:  Do you confirm, Mr. Lukic?

 7             MR. LUKIC: [Interpretation] Your Honour, on the part of the

 8     Defence, there is still the unsolved problem of the last version of the

 9     agreed facts and whether or not they are adjudicated facts.  We are still

10     discussing this with the OTP.  So that this particular incident is, in

11     our view, an adjudicated fact.

12             JUDGE MOLOTO:  In short, in a very short answer, you do not agree

13     with your learned friend that this is an agreed fact?  Okay.  It's in the

14     hands of the parties, obviously.

15             MR. THOMAS:  Your Honour, I wonder if I could be heard on that

16     briefly?

17             JUDGE MOLOTO:  It is appropriate to be heard on that?  Go ahead.

18             MR. THOMAS:  There is obviously going to be some difficulty, Your

19     Honour, if my learned friends for the Defence wish to now suggest that

20     the -- what is an agreed fact, a filed agreed fact, is no longer an

21     agreed fact.  We have witnesses such as Colonel Koster who are being

22     tendered on the basis that they do not need to testify in relation to

23     such matters because they have been agreed.

24             Now, I know my learned friend is wishing to - and there have been

25     discussions about this - to somehow change the status of these agreed

Page 2342

 1     facts to ones of adjudicated facts, but at the moment nothing has been

 2     advanced in respect of that matter, and so what we are left with is --

 3     are filed agreed facts.

 4             JUDGE MOLOTO:  Fine.  Let me cut you short, Mr. Thomas, and I'll

 5     tell you why I want to do that.  If there are discussions taking place

 6     between the parties about whether or not to change the status of those

 7     facts, I want to believe that at this stage it is not the intention of

 8     the parties to make the Chamber privy to those discussions, and we would

 9     like to stay ignorant of those discussions.  At this point, the issue is

10     that Judge Picard asked questions, you gave an explanation why you didn't

11     deal with those questions, and your explanation is that it's because

12     these are agreed facts.  Your learned friend says, no, they are not

13     agreed facts.  The only way to resolve the issue at this point is to say,

14     here is the filing of the agreed facts.  What takes place between the

15     parties in an attempt to change that status is still a private matter

16     between the parties, and we don't want to hear about it.

17             MR. THOMAS:  Understood, Your Honour, in which case I simply wish

18     to record that the present position is that these are agreed facts.

19             JUDGE MOLOTO:  That's what you say.  Your learned friend says

20     something else.  We can't take the matter any further at this stage.

21             MR. THOMAS:  Except, the record, Your Honour, shows that they are

22     agreed facts.  There's a filed joint submission.

23             JUDGE MOLOTO:  If you want to refer to that filed submission, by

24     all means, you can do so, either now or at any other time when it's

25     convenient for you.

Page 2343

 1             MR. THOMAS:  Well, where I was getting to, Your Honour, is that

 2     in the event that the status of the agreed facts changes, the Prosecution

 3     reserves the right to recall Colonel Koster if the issue, for example, of

 4     the nine bodies is going to become contested, because --

 5             JUDGE MOLOTO:  Fair enough, and I'm sure you'll raise that with

 6     your learned friend in your private discussions.

 7             MR. THOMAS:  Yes, sir.

 8             JUDGE MOLOTO:  Thank you very much.

 9             MR. THOMAS:  Thank you, Your Honour.

10             JUDGE MOLOTO:  Mr. Lukic, do you have any questions to the

11     witness arising from the questions by the Bench?

12             MR. LUKIC:  No, Your Honour.

13             JUDGE MOLOTO:  Thank you so much.

14             Mr. Koster, thank you very much.  This brings us to the end of

15     your testimony, and we just want to say thank you for coming to testify

16     at the Tribunal.  You are now excused.  You may stand down, and please

17     travel well back home.  I know you don't have far to go.  You are home

18     already, but still, it's snowing outside.  Travel well.

19             THE WITNESS: [Interpretation] Thank you, Your Honour.

20             JUDGE MOLOTO:  Thank you very much.

21                           [The witness withdrew]

22             JUDGE MOLOTO:  Mr. Thomas.

23             MR. THOMAS:  With no other witnesses scheduled to give testimony

24     today, Your Honours, that concludes what we can usefully assist you with.

25     I understand from the Registry, however, that there might be some

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 1     procedural matters that Your Honours wish to raise at the conclusion of

 2     Colonel Koster's testimony today, or that was the message that we

 3     received earlier in the week.

 4             JUDGE MOLOTO:  I seem to remember having said that, but at this

 5     point in time I must confess, I don't remember what it was that was to be

 6     raised.  It will be raised in due course when it is remembered.  Thank

 7     you so much.

 8             You want to stand, Mr. Lukic?

 9             MR. LUKIC: [Interpretation] I can only remind Your Honours that

10     the Defence was to state its position on the three questions of the

11     Chamber concerning 98 bis.  We have filed a written response, so there is

12     probably no need for us to state our position orally now.

13             JUDGE MOLOTO:  The three issues, what are you talking about?  Are

14     you talking about site visits, 98 bis, and what have you?  Are those the

15     three issues you are talking about?  Yes, I guess the Chamber will come

16     back to the parties on that.

17             That being the case, I don't think there's anything else to

18     raise.  Then we'll have to adjourn until next week on Tuesday the 9th at

19     quarter past 2.00 in the afternoon, courtroom II.  Court adjourned.

20                           --- Whereupon the hearing adjourned at 2.58 p.m.,

21                           to be reconvened on Tuesday, the 9th day of

22                           December, 2008, at 2.15 p.m.

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