Page 3416
1 Monday, 16 February 2009
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 2.14 p.m.
5 JUDGE MOLOTO: Good afternoon to everybody in and around the
6 courtroom. Madam Registrar, will you please call the case.
7 THE REGISTRAR: Good afternoon, Your Honours. Good afternoon,
8 everyone in and around the courtroom. This is case number IT-04-81-T,
9 the Prosecutor versus Momcilo Perisic.
10 JUDGE MOLOTO: Thank you so much. Could we have appearances for
11 the day, starting with Prosecution.
12 MR. HARMON: Good afternoon, Your Honours. Good afternoon
13 counsel. Appearing for the Prosecution today, Mark Harmon,
14 Ann Sutherland and Carmela Javier.
15 JUDGE MOLOTO: And for the Defence.
16 MR. LUKIC: [Interpretation] Good afternoon, Your Honours, and to
17 everyone who participants in the proceedings. Mr. Perisic is today
18 represented by legal assistant, Tina Drolec; Milos Androvic; case
19 manager, Daniela Tasic; and Defence counsel, Gregor Guy-Smith; and Novak
20 Lukic.
21 JUDGE MOLOTO: Thank you very much, Mr. Lukic. Mr. Harmon.
22 MR. HARMON: Your Honour, may we go into private session now.
23 JUDGE MOLOTO: May the Chamber please move into private session
24 [Private session]
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24 [Open session]
25 THE REGISTRAR: Your Honours, we are back in open session.
Page 3419
1 JUDGE MOLOTO: Thank you. Sorry, I was a bit remiss for the
2 record. Can we place it on the record that the Chamber is sitting
3 pursuant to Rule 15 bis today as Chief Judge David is indisposed.
4 Thank you. We may move back into private session.
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9 [Open session]
10 THE REGISTRAR: Your Honours, we are back in open session.
11 JUDGE MOLOTO: Thank you very much. Can somebody help us with
12 the blind.
13 Mr. Harmon.
14 MR. HARMON: Your Honour, that concludes our evidence for today.
15 JUDGE MOLOTO: Thank you so much. One little housekeeping
16 matter. Apparently tomorrow there is a slot in the morning, and there is
17 a desire to sit in the morning rather than in the afternoon; and I'm just
18 raising the question with everybody, apparently the question was raised
19 with the parties, but I'm not quite sure whether the interpreters were
20 consulted. I just want to find out if it's possible and convenient for
21 everybody that we sit in the morning tomorrow?
22 THE INTERPRETER: Yes, it is.
23 JUDGE MOLOTO: Thank you. The English booth says yes it is.
24 THE INTERPRETER: Yes, it is, Your Honour.
25 JUDGE MOLOTO: Thank you.
Page 3491
1 THE INTERPRETER: Yes, it is, Your Honour.
2 JUDGE MOLOTO: Thank you so much. Yes, Mr. Harmon.
3 MR. HARMON: Your Honour, I have an e-mail message here,
4 Your Honour, I'm trying to read on that addressing that very same point
5 so I want to provide you with input from the Prosecution on it.
6 JUDGE MOLOTO: Please do.
7 MR. HARMON: But the screen has just gone out, so if you bear
8 with me for one minute.
9 JUDGE MOLOTO: We'll bear with you.
10 MR. HARMON: The essence of the message that I caught a glimpse
11 of I'm not sure the Prosecution will be prepared in the morning, and I'm
12 in the process of Ms. Javier is sending an e-mail back to Mr. Thomas who
13 is going to be handling the witness tomorrow to determine what the status
14 of that is. I just don't have the information now, Your Honour; and I'm
15 not in a position to provide it to you. But from the e-mail message, the
16 message say that we would not quite be ready to start tomorrow in the
17 morning, and I'm not quite sure what "quite" means, so if I could advise
18 Mr. Blumenstock what our position is later this evening then I can give
19 you some guidance. Right now I'm not able to do so.
20 JUDGE MOLOTO: My only problem is that I got to be able to
21 adjourn to a specific time and everybody must know when to come, so it
22 looks like if you don't have any certainty, then I must apologise for
23 having raised people's hope that is we could sit in the morning and maybe
24 revert to afternoon session.
25 MR. HARMON: Your Honour, I'm sorry I can't be more
Page 3492
1 accommodating.
2 JUDGE MOLOTO: Okay. In that event then, I'm sorry if I've
3 raised anybody's hopes. We'll then have to adjourn to tomorrow in the
4 afternoon to quarter past 2.00, courtroom II. Court adjourned.
5 --- Whereupon the hearing adjourned at 6.17 p.m.
6 to be reconvened on Tuesday, the 17th day of
7 February, 2009, at 2.15 p.m.
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