Tribunal Criminal Tribunal for the Former Yugoslavia

Page 4165

 1                           Wednesday, 11 March 2009

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 9.00 a.m.

 5             JUDGE MOLOTO:  Good morning to everybody in and around the

 6     courtroom.

 7             Mr. Registrar, could you please call the case.

 8             THE REGISTRAR:  Good morning, Your Honours.  Good morning to

 9     everyone in the courtroom.  This is case number IT-04-81-T, The

10     Prosecutor versus Momcilo Perisic.

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

12             Could we have the appearances for today, starting with the

13     Prosecution, please.

14             MR. HARMON:  Yes, Your Honour.  Good morning, Your Honours.  Good

15     morning, counsel.  Mark Harmon, Salvatore Cannata, Barney Thomas, and

16     Carmela Javier for the Prosecution.

17             JUDGE MOLOTO:  Thank you so much, Mr. Harmon.

18             And for the Defence.

19             MR. LUKIC: [Interpretation] Good morning, Your Honours.  Good

20     morning to everyone in the courtroom.  Mr. Perisic is today represented

21     by Tina Drolec; Milos Androvic, Chad Mair, our legal assistants; as well

22     as Colleen Rohan, our consultant; and Daniela Tasic, our case manager; as

23     well as Gregor Guy-Smith; and Novak Lukic as counsel.

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

25             Mr. Harmon, I guess the Prosecution wanted to raise something

Page 4166

 1     with the Court.

 2             MR. HARMON:  Yes, Your Honour.  Two items.  Mr. Thomas is here so

 3     he can make some submissions to the Trial Chamber before we begin with

 4     the witness.  So in order I'd like to have Mr. Thomas proceed first.

 5             Second of all, Your Honour in reflecting on what happened on

 6     Monday in efforts to streamline the procedures that we have here.  First

 7     of all, I can report that we have -- counsel, my colleagues from the

 8     Defence and have I met.  We have reached a number of agreements.  Those

 9     discussions are ongoing.  We have submitted a large number of schedules

10     from the master, the Randall master list to the Defence to see if we can

11     reach agreement, and we intend to have additional discussions today on

12     those -- on those lists that we have submitted.

13             One thing that was particularly difficult in terms of the

14     procedures was what I have attempted to do is to identify some exemplars

15     of documents and then thematically there are a number of documents that

16     fit the same theme in court.  Monday I was reading out those numbers with

17     some degree of success and some degree of a lack of success, but I was

18     reading them out.  And in order to be more efficient what I propose to

19     Your Honours is the following:

20             When we come to the long schedules of documents that are in

21     similar theme, we have prepared lists of those documents.  I've shown

22     those lists -- or counsel is aware of those lists.  We have itemised by

23     65 ter number.  The item that would be on the list with -- essentially a

24     short description similar to what is in the master list, the ERNs and the

25     source.  And rather than me reading them out what I propose, if the Court

Page 4167

 1     is agreeable, is that I would submit the list to the Court and counsel.

 2             It would be given a number, an exhibit number.  I would then show

 3     it to the witness, ask the witness to review it, ask the witness to

 4     affirm the contents of it, and then I would ask that the documents

 5     identified on the list be marked as exhibits.  It has the benefit of

 6     being -- I think faster and more efficient, at least, as a benefit of

 7     identifying for the Registrar specifically the items and -- that's one

 8     proposal.

 9             The alternative proposal, Your Honours, is for me to continue in

10     the way in which I did on Monday, which is read the numbers one by one

11     into the record.

12             JUDGE MOLOTO:  Which is what we are trying to avoid.

13             MR. HARMON:  That is what I am trying to avoid, Your Honour.

14     That is the proposal that I have, and I leave it to Your Honours.  I

15     could submit Your Honours now and a copy to counsel, a copy of the

16     schedule, a sample schedule.  The Court could review it, and -- if the

17     Court wishes at this point.

18             JUDGE MOLOTO:  We're happy to do that, Mr. Harmon.  Do you want

19     to do that right away?

20             MR. HARMON:  Well, I leave to Your Honours.  I'm in your hands,

21     Your Honour.  I have prepared a number of these if Your Honours want to

22     see them --

23             JUDGE MOLOTO:  Sure, we can have a look at them right away and

24     tell you whether -- the proposal is not very clear in my mind so my --

25     our comments might not be as intelligent as you have conceived them.

Page 4168

 1             MR. HARMON:  Well, I apologise, Your Honour.  If this could be

 2     distributed to Your Honours and to counsel.

 3             What Your Honours have before you is a document that relates to a

 4     theme.  In this case it is maintenance by the VJ.

 5             What I intend to do is call forth on the screen, in this case,

 6     two exemplars.  I don't want to call up the items on this schedule

 7     because otherwise we will be here forever.

 8             These items have, in fact, been agreed to by the Defence.  This

 9     was part of our discussions yesterday.  So what I propose to do is show

10     Your Honours and counsel the two exemplars on this theme, and then I

11     would ask that this be marked as an exhibit, and then I would show this

12     to the witness, ask the witness to look at it and affirm that it's

13     accurate, in terms of the sources.  And then this would be an exhibit.

14     The Court would have -- and counsel would know which of the items now

15     have been either accepted or if there are objections which ones for which

16     there are objections.  That is my proposal Your Honour.

17             JUDGE MOLOTO:  Once the witness has seen that, it would mean that

18     this whole list is then admitted.

19             MR. HARMON:  That's correct.  And in some cases, Your Honour,

20     because we have, as you know from looking at the master list, we have

21     shaded areas.  They're protected.  In some situations the list may

22     contain shaded areas in which case we would request that the list itself

23     be under seal.

24             JUDGE MOLOTO:  Okay.  That would be no problem.

25             Let's just get confirmation -- or are you still on your feet.  I

Page 4169

 1     see Mr. Guy-Smith is on his feet.

 2             MR. HARMON:  I'll defer to Mr. Guy-Smith.  I have some more to

 3     discuss, but I will defer on there topic and then I'll go into something

 4     else, Your Honour.

 5             MR. GUY-SMITH:  As we view it, and we do confirm what Mr. Harmon

 6     has said thus far, it seems to us that what we are in effect doing is

 7     what I would call a modified J of the guidelines that we have in this

 8     case.  That would be a modified tendering of evidence from the bar table,

 9     and it would be J subparagraph 23.

10             We're really dealing with the same kind of thing.  We have a

11     list.  Each exhibit has a description.  It is clear from the exhibits

12     that are on here -- the example he has given what the relevance may be.

13     Obviously, if there is an relevance issue that will be described and we

14     are in a position where there's a joint agreement with regard to having

15     these exhibits coming in this fashion and any objections that we might

16     have -- our objections by virtue of the way doing it right now would be

17     noted for the moment orally although we will at some point file --

18     probably in the hopes of this week if not early next week a global

19     objection to any concern we have, which deals not with the specific

20     issues that have presented themselves thus far.

21             I think we're working along the same lines.  Absolutely.  And I

22     hope that what I said did not seem to change that.

23             JUDGE MOLOTO:  Now, I hear you Mr. Guy-Smith.  The only

24     difference is that from what I was thinking of between me and what you

25     are both suggesting is I thought you were going to be working through

Page 4170

 1     documents that you think can go in and say, Look, we have no objection to

 2     this.  They can go in, throw them in en masse, but these we object to and

 3     can we go through them in court.

 4             MR. GUY-SMITH:  We're very close to being able to do that too.  I

 5     think this first round, there are still some legal issues that may

 6     revolve some of the documents, but those legal issues are legal issues

 7     that are distinct from the normal kinds of admissibility, battles that we

 8     might have here with regard to foundation issues or authentication

 9     issues.

10             JUDGE MOLOTO:  We'll see how you go about it as we go along.

11     Thank you so much.

12             MR. GUY-SMITH:  We think we have a positive -- we really do think

13     we have a positive approach to this.

14             JUDGE MOLOTO:  Thank you very much.

15             Yes, Mr. Harmon.

16             MR. HARMON:  The second thing I observed on Monday and taking

17     Your Honours' comments into consideration, one thing Your Honour said,

18     you said, Your Honour, was that you were concerned we were going too

19     fast, and you didn't know what was being admitted.  Now, when -- there

20     are two solutions to that.

21             The first solution is I can slow down on the screen.  We can ask

22     that the images on the screen stay there a bit longer, and that's one

23     solution.

24             Another solution would be to submit paper copies to Your Honours

25     and would you have them before you, and you could --

Page 4171

 1             JUDGE MOLOTO:  Let me intervene right there.  If you are going to

 2     come up with an expedited manner of tendering documents like we have

 3     either suggested or like I was saying.  There is no need for that.

 4     Because then we will -- as I said -- we'll spend the time reading the

 5     exhibits once they're in the office.  My comment related to the point

 6     where you were putting them one by one, but we just didn't see the

 7     content of what was being admitted, and I said what is the point of

 8     seeing them if we can't see the content.

 9             But if you throw them in en masse and we can sit in the office

10     and read them, that's a different story.

11             MR. HARMON:  Fine, Your Honour.

12             JUDGE MOLOTO:  So that I don't have to see them on the screen.

13             MR. HARMON:  All right.  Thank you very much.

14             Finally, if we follow the procedures that he did on Monday, I

15     have some additional binders that I would like to present to the witness

16     before commencing his evidence.

17             JUDGE MOLOTO:  Before we call the witness, the Chamber has a

18     minor administrative issue to raise with the parties.

19             The parties have filed a joint request for waiver of

20     confidentiality for a witness who is supposed to come fairly early in the

21     new week.  Obviously -- the decision has been granted, signed this

22     morning.  That request has been granted. (redacted)

23   (redacted)

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Page 4173

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Page 4192

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10                           [Open session]

11             THE REGISTRAR:  Your Honours, we're back in open session.

12             JUDGE MOLOTO:  Thank you, Mr. Registrar.

13             You may call the witness, Mr. Harmon.

14             MR. HARMON:  Your Honour, one brief matter before I call the

15     witness, and that is a housekeeping matter.  When we broke the last time,

16     there was a disagreement in respect of Exhibit 65 ter number 8787.13.

17     That has been resolved.  The parties agree that that can be given an

18     exhibit number.

19             JUDGE MOLOTO:  Does the Defence confirm?

20             MR. LUKIC: [Interpretation] Yes, Your Honour.

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

22             Mr. Registrar can you please give an exhibit number to that

23     exhibit.  It will be Exhibit 65 ter 8787.13.

24                           [The witness takes the stand]

25                           [Trial Chamber and registrar confer]

Page 4193

 1             JUDGE MOLOTO:  Mr. Harmon, am I right to ask the Registrar to

 2     assign an exhibit number to that --

 3             MR. HARMON:  Yes, Your Honours.

 4             JUDGE MOLOTO:  -- document?  Thank you.

 5                           [Trial Chamber and registrar confer]

 6             THE REGISTRAR:  Your Honours, that will become Exhibit P844.

 7             JUDGE MOLOTO:  Yes, Mr. Harmon.

 8             MR. HARMON:  I give Mr. Randall --

 9             JUDGE MOLOTO:  May I just greet Mr. Randall before you give him

10     that.

11             Good Morning, Mr. Randall.

12             THE WITNESS:  Good morning, Your Honour.

13             JUDGE MOLOTO:  How are you?

14             THE WITNESS:  I'm fine.  Thank you.

15             JUDGE MOLOTO:  Good.  Just to remind you, Mr. Randall, that you

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

17     testimony on Monday to tell the truth, the whole truth, and nothing else

18     but the truth.

19                           WITNESS:  BRETTON RANDALL [Resumed]

20             THE WITNESS:  Yes, I understand.

21             JUDGE MOLOTO:  Thank you very much.

22             You may proceed, Mr. Harmon.  And just to say sorry to call you a

23     couple of minutes before we asked to go for break, but that's the way

24     things go.

25             THE WITNESS:  You don't have to apologise.  I understand.

Page 4194

 1             JUDGE MOLOTO:  Thank you.

 2             MR. HARMON:  I have a series of binders, Your Honour.  We'll be

 3     covering these topics, and I ask that they be presented to Mr. Randall.

 4                           Examination by Mr. Harmon: [Continued]

 5        Q.   Mr. Randall, if you can avail, Your Honour, to the first binder,

 6     which is the thin binder, unused annual leave.  It says on the spine of

 7     the binder.

 8        A.   Yeah, I've got that.

 9             MR. HARMON:  If can he can go into private session, Your Honour.

10             JUDGE MOLOTO:  May the Chamber please move into private session.

11  [Private session]  [Confidentiality lifted by later order of the Chamber]

12             THE REGISTRAR:  Your Honours, we're in private session.

13             JUDGE MOLOTO:  Thank you so much.

14             MR. HARMON:  If we could have 65 ter 8088 on the monitor, please.

15     And that's found, Your Honours, on the master list at page 177 of the

16     master list.  If the English version could be centred that would be fine.

17     Thank you.

18        Q.   Mr. Randall, can you identify this item that's before you?

19        A.   It's a decision issued by Colonel Milan Biga of the 30th

20     Personnel Centre, in respect of person by the name of Bozo Novak.  In

21     request of compensation for unused annual leave.  It was received from

22     the government of the Republic of Serbia in response to Request for

23     Assistance 1560.

24        Q.   And who is Mr. Biga?

25        A.   As far as I know, he was at one stage the officer in charge of

Page 4195

1     the Yugoslav army, 30th Personnel Centre.

 2             MR. HARMON:  Your Honour, I ask that that be given an exhibit

 3     number.

 4             JUDGE MOLOTO:  Yes, Mr. Lukic.

 5             MR. LUKIC: [Interpretation] I just wanted to be clear, we have a

 6     document in front of us that the Defence and the Prosecution did not

 7     discuss.  We have an objection to this document.  Can we please look at

 8     page 2, Your Honours?

 9             There will be a general objection here from the Defence, because

10     Mr. Harmon, as far as I know, has a number of documents that he would

11     like to tender in this form.  This document was drafted significantly

12     after the indictment period.  It's some time from 2007, I think, and

13     discussions the retro active recognition of certain status rights.  There

14     are a number of these documents.  The Defence believes that this

15     document, which was adopted beyond the indictment period, generally is

16     not relevant for the facts that are the subject of the indictment; so we

17     are stating a general objection to the relevancy of documents of this

18     nature, not the authenticity of them.

19             I am being told by my assistants now that the document has no

20     date.  But I believe that Mr. Harmon and I agree that all of these

21     documents which were signed by Mr. Biga were drafted or adopted from

22     2000 -- actually from 1999, 2000, and 2001.  That is the period, and I

23     believe that Mr. Randall can confirm this.

24             JUDGE MOLOTO:  Mr. Lukic, the last dates that you are giving now

25     at page 30, lines 14, you say 1999, 2000, and 2001; however, at page 30,

Page 4196

 1     line 4, you said this document is as recent as 2007.  Which is which?

 2             MR. LUKIC: [Interpretation] This is a mistake in the transcript,

 3     I assume it is due to my speed.  On page 30 line 4 I said from 2007 [as

 4     interpreted], actually, so that's where the --

 5             THE INTERPRETER:  Interpreter's correction, 2000 and that's where

 6     the error lies.

 7             JUDGE MOLOTO:  Thank you so much, Mr. Lukic.

 8             Yes, Mr. Harmon.

 9             MR. HARMON:  Your Honour, would you like me to address the

10     relevancy objection?  There may be additional relevance objections, but I

11     will be glad to address there one now.

12             JUDGE MOLOTO:  [Microphone not activated] ... the objection as

13     raised.

14             MR. HARMON:  Yes, please.  Your Honour, this, first of all, I

15     think the date is irrelevant when this decision was reached.  This

16     decision and the subsequent decisions that you will see resolved

17     significant issues identifying the status of the people who are the

18     subject of this litigation.  Ultimately concluding and, in fact, it being

19     not disputed that the people who were the litigants in this case were

20     members of the VJ who were sent out of Serbia and the FRY on orders of a

21     superior officer.  That's one of the contests issues in this case,

22     Your Honour.  What is the status of the persons in the 30th Personnel

23     Centre.

24             What we will be presenting this morning are decisions in which a

25     domestic Court based on complaints made by VJ soldiers who served in the

Page 4197

 1     30th Personnel Centre resolved their complaints, resolved their claims

 2     and found that they were members of the VJ who had been sent out of

 3     Serbia, members of the 30th Personnel Centre and members of the 40th

 4     Personnel Centre had been sent out of the FRY on orders of a superior

 5     officer; and that is one of the central issues in this case, and will you

 6     see, as we will be presenting a series of judgements in which that issue

 7     was addressed in the FRY.

 8             So that's our response.  That's my response, Your Honour.

 9                           [Trial Chamber confers]

10             JUDGE MOLOTO:  Objection overruled.

11             MR. HARMON:  Could that be given an exhibit number, Your Honour.

12             THE REGISTRAR:  Your Honours, this becomes Exhibit P845.

13             MR. HARMON:  Could I have 65 ter 8087 on the screen.  That is

14     found also at page 177 of the master list, Your Honours.

15        Q.   Mr. Randall, can you identify this document, please.

16        A.   This is a Yugoslav army supreme military court judgement deciding

17     in the complaint filed by Bozo Novak.  It's dated 22 February 2001.  It

18     was received from the government of the Republic of Serbia in response to

19     Request for Assistance 1560.

20             MR. HARMON:  Could we -- could that be given an exhibit number,

21     Your Honour.

22             JUDGE MOLOTO:  Document is admitted -- yes.

23             MR. GUY-SMITH:  Yes, Your Honour, because the objection was

24     overruled in the last instances to the extended documents that are being

25     admitted fall the same category right, which are judgements that are

Page 4198

 1     outside of the indictment period and deal with this particular time-frame

 2     issue.  Could we have a continuing objection rather than jumping up each

 3     and every time and breaking the flow of this, and Mr. Harmon would be so

 4     kind as to tell us when he is shifting to another kind of document, in

 5     case we have other objections, we appreciate it.

 6             JUDGE MOLOTO:  The Chamber will note that are you a global

 7     objection, which is globally overruled.

 8             MR. HARMON:  Your Honour, both this item and the previous item

 9     should be under seal because they're protected.

10             JUDGE MOLOTO:  Thank you very much.

11             Mr. Registrar, and an exhibit number under seal, and please place

12     P845 under seal as well.

13             THE REGISTRAR:  Your Honours, this becomes Exhibit P846, under

14     seal.

15             MR. HARMON:  We can go back into public session, Your Honour.

16             JUDGE MOLOTO:  May the Chamber please move into open session.  On

17     that note -- sorry, go ahead Mr. Registrar.

18                           [Open session]

19             THE REGISTRAR:  Sorry for the interruption, Your Honours, we're

20     back in open session.

21             JUDGE MOLOTO:  Thank you very much.

22             Would that be a convenient time.

23             MR. HARMON:  Yes, it would be, Your Honour.  Thank you.

24             JUDGE MOLOTO:  We'll take a break and come back at quarter to

25     11.00.

Page 4199

 1             Court adjourned.

 2                           --- Recess taken at 10.15 a.m.

 3                           --- On resuming at 10.47 a.m.

 4             JUDGE MOLOTO:  Yes, Mr. Harmon.

 5             MR. HARMON:  The next document, Your Honours is found on page 197

 6     of the master list, and if I could have 8743 put on the monitor, please.

 7        Q.   Mr. Randall, can you identify this particular document?

 8        A.   Yes.  This is a judgement issued by the Yugoslav army supreme

 9     military court dated 29 January 2001, in respect of a complaint filed by

10     Colonel Zarko Ljubovojevic in respect of compensation for unused annual

11     leave.

12        Q.   And is there a number on this judgement?

13        A.   Supreme military court 1694/200.

14        Q.   And what is the source of this document, Mr. Randall?

15        A.   That was provided by the government of the Republic of Serbia in

16     response to Request for Assistance 1537.

17             MR. HARMON:  Could that be given an exhibit number, Your Honour.

18             JUDGE MOLOTO:  It may be.  Under seal, I guess.

19             MR. HARMON:  No, Your Honour, this is a public document.

20             JUDGE MOLOTO:  Okay thank you.

21             THE REGISTRAR:  Your Honours, that will become Exhibit P847.

22             JUDGE MOLOTO:  Thank you.

23             MR. GUY-SMITH:  I'm not sure whether or not we've moved to a

24     different kind of document or not, and it's for that reason that I rise.

25     If we have -- we if re in the same class of document, then obviously the

Page 4200

 1     continuing objections stands; and I also would comment on the fact that,

 2     as I'm reading the document, this document is apparently an

 3     administrative decision so with regard to the basis for this judgement

 4     and the evidentiary standards that you were used, there is no knowledge

 5     whatsoever, which may well go to an issue of the weight, if any, that is

 6     given to the relevance of this document as opposed to its admissibility.

 7             JUDGE MOLOTO:  I'm not sure I understand what you are saying,

 8     Mr. Guy-Smith.

 9             MR. GUY-SMITH:  Surely.

10             JUDGE MOLOTO:  And what are you asking.

11             MR. GUY-SMITH:  I'm sorry.  I'm reiterating the relevancy --

12             JUDGE MOLOTO:  I thought we were agreed that have you had made a

13     global objection which was globally overruled.

14             MR. GUY-SMITH:  That's correct.  But as I was looking at this

15     document I saw something that struck something else in my mind.  So I was

16     commenting on that as well.

17             JUDGE MOLOTO:  Are you saying this is an exception to the global

18     ones?

19             MR. GUY-SMITH:  No -- I'm not sure because I don't know from

20     Mr. Harmon whether or not we are in a new set of documents or not.

21             JUDGE MOLOTO:  I don't know what you're asking for and what I can

22     do to rule.

23             MR. GUY-SMITH:  I'm making the same ruling -- I don't make ruling

24     obviously.  I'm making the same objection that I made before.

25             JUDGE MOLOTO:  I though we had agreed that you are not going to

Page 4201

 1     be standing up because we've dealt with that objection.

 2             MR. GUY-SMITH:  That's correct, but I'm not sure whether this is

 3     a different class or the same.

 4             JUDGE MOLOTO:  Then you can't be making the same objection that

 5     you made before.  It must be a new objection and you got to tell me what

 6     the ground is.

 7             MR. GUY-SMITH:  If I might ask, Mr. Harmon, if this is the same

 8     type of document as we're dealing with before, I will know whether or not

 9     I should stand or not.

10             JUDGE MOLOTO:  Fine.

11             MR. HARMON:  I can respond, Your Honour.

12             JUDGE MOLOTO:  You may.

13             MR. HARMON:  Your Honour, this is similar to the previous

14     exhibit --

15             MR. GUY-SMITH:  Then is there no reason for me to be standing.

16             JUDGE MOLOTO:  Thank you so much.

17             MR. HARMON:  The next exhibit is found on page 217 of the master

18     list.  If 9191 could be put on the monitor, please.

19        Q.   Mr. Randall, can you identify the exhibit that is before you?

20        A.   This is a judgement issued by the federal court in Belgrade, in

21     relation to an appeal of Zdravko Dokmanovic.  The number is 156/98.

22        Q.   What is the provenance of this document?

23        A.   It was provided by the government of the Republic of Serbia, in

24     response to Request for Assistance 1664.

25             MR. HARMON:  Could that be given an exhibit number, Your Honour.

Page 4202

 1             JUDGE MOLOTO:  The document is admitted.  May it please be given

 2     an exhibit number.

 3             THE REGISTRAR:  Exhibit P848, Your Honours.

 4             JUDGE MOLOTO:  Thank you very much.

 5             MR. HARMON:  The next document, Your Honours, is found at

 6     page 155 of the master list.  Could I have Exhibit 7925 on the monitor.

 7        Q.   Mr. Randall, can you identify the exhibit that is before you?

 8        A.   This is a decision issued by the military post 3001, dated 17

 9     May 2001, in respect of Colonel General Ratko Mladic, in respect of

10     compensation for unused annual leave for the years 1991 to 1995,

11     inclusive, under the name issued by Colonel Milan Biga.  And than was

12     received from the government of Serbia and Montenegro in response to

13     Request for Assistance 1127-B.

14             MR. CANNATA:  Could that be given an exhibit number, Your Honour.

15             JUDGE MOLOTO:  Yes, it may.  May it please be given an exhibit

16     number.

17             THE REGISTRAR:  Exhibit P849, Your Honours.

18             JUDGE MOLOTO:  Thank you.

19             MR. HARMON:  Could I have Exhibit 8394 on the monitor, please,

20     and that is found at page 190 of the master list.

21        Q.   Mr. Randall, can you identify 8394, the document in front of you?

22        A.   It's a decision issued by the Yugoslav army military post 1790,

23     Belgrade, dated 10 October 2002.  It's a decision concerning retired

24     Major-General Milan Celeketic, regarding entitlements to salary and

25     special payments for unused annual leave, for the years 1992, 1993, 1994,

Page 4203

 1     bearing the signature -- bearing the name of Colonel Slobodan Tadic and

 2     that was received from the government of the Republic of Serbia, in

 3     response to Request for Assistance 1560.

 4             MR. HARMON:  Could that be admitted, Your Honour.

 5             JUDGE MOLOTO:  Admitted.  May it please be given an exhibit

 6     number.

 7             THE REGISTRAR:  Exhibit P850, Your Honours.

 8             JUDGE MOLOTO:  Thank you.

 9             MR. HARMON:  I have concluded with that series of document,

10     Your Honour.  If we could now go to a document that is found on page 147

11     of the master list, and could I have 65 ter 7886 on the monitor.

12        Q.   Mr. Randall you'll have to operate ofthe monitor on this

13     document.  I don't think it's on the binder.

14        A.   Okay.  65 ter number?

15        Q.   7886.

16        A.   Okay.

17        Q.   Could you scroll up on the English version, please.  Scroll down

18     on the English version.  Thank you.

19             Mr. Randall, can you identify this document, please?

20        A.   Sorry, can you scroll up on the English, please.

21             It's a telegram coded very urgent for the Federal Republic of

22     Yugoslavia, Yugoslav army General Staff, office of the chief, to the

23     commander of the Army of Republika Srpska Main Staff, dated 22

24     February 1995, and --

25        Q.   It is from whom?

Page 4204

 1        A.   It was provided by the government of the Republic of Serbia in

 2     response to Request for Assistance 1504.

 3        Q.   And the letter -- the document before you is from whom?

 4        A.   Sorry, if can you scroll down on the English.  M. Perisic.

 5             MR. HARMON:  Could this be given an exhibit number, Your Honour.

 6             JUDGE MOLOTO:  It is admitted.  May it please be given an exhibit

 7     number.

 8             THE REGISTRAR:  Exhibit P851, Your Honours.

 9             JUDGE MOLOTO:  Thank you very much.

10             MR. HARMON:  Can we go into private session, Your Honour.

11             JUDGE MOLOTO:  May the Chamber please move into private session.

12                           [Private session]

13   [Part of Private Session made public by order of Trial Chamber]

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)

Page 4205

 1

 2

 3

 4

 5

 6

 7

 8

 9

10

11 Pages 4205-4210 redacted. Private session.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

Page 4211

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15             MR. HARMON:  Could we have 65 ter 8984.08 on the monitor.  That's

16     found at page 212 of the master list.

17        Q.   Mr. Randall, can you identify this document, please.

18        A.   This is a General Staff of the Army of Yugoslav, operations staff

19     affairs sector 1st administration duty team report dated 24 May 1994,

20     report on the situation and activities in the former BiH and the VRS

21     bearing the name duty team leader Colonel Bozidar Demjanovic [phoen].

22        Q.   Provenance of this document, Mr. Randall?

23        A.   Provided by the government of the Republic of Serbia in response

24     to Request for Assistance 1350.

25             MR. HARMON:  Could that be given a number, please.

Page 4212

 1             JUDGE MOLOTO:  May that document please be given an exhibit

 2     number.

 3             THE REGISTRAR:  Your Honours, that becomes Exhibit P860.

 4             JUDGE MOLOTO:  Thank you.

 5             MR. HARMON:  Could I have 65 ter 8984.09 on the monitor.

 6        Q.   Mr. Randall, can you identify this document, please.

 7        A.   Yes, it's another General Staff of the Army of Yugoslavia

 8     operations staff affair, sector, 1st administration duty team report on

 9     situation and the activities in the former BiH and Republika Srpska, in

10     the name of Colonel Ratko Djukanovic received in response to Request for

11     Assistance -- received from the government of the Republic of Serbia in

12     response to Request for Assistance 1350.

13             MR. HARMON:  Could that be given an exhibit number, Your Honour.

14     Under seal.

15             JUDGE MOLOTO:  May it please be given an exhibit number under

16     seal.

17             THE REGISTRAR:  Your Honours, that will become Exhibit P861,

18     under seal.

19             MR. HARMON:  Your Honour, Prosecution Exhibit 860 should also be

20     under seal.

21             JUDGE MOLOTO:  May P860 please be under seal.

22             MR. HARMON:  And if we could turn to 8984.10.

23        Q.   Mr. Randall, can you identify this document, please.

24        A.   General Staff of the Army of Yugoslavia operations staff affairs,

25     sector, 1st administration duty team report on situation in the

Page 4213

 1     activities in the former BiH and Republika Srpska, bearing the name duty

 2     team leadership Colonel Desimir Nedjelkovic [phoen] received from the

 3     government of the Republic of Serbia in response to Request for

 4     Assistance 1350.

 5             MR. HARMON:  Could that be given an exhibit number under seal,

 6     Your Honour.

 7             JUDGE MOLOTO:  The document is admitted.  May it please be given

 8     an exhibit number under seal.

 9             THE REGISTRAR:  Your Honours, that will become Exhibit P862,

10     under seal.

11             MR. HARMON:  We can go into public session.

12             JUDGE MOLOTO:  May the Chamber please move into open session.

13                           [Open session]

14             THE REGISTRAR:  Your Honours, we're back in open session.

15             JUDGE MOLOTO:  Thank you so much.

16             Yes, Mr. Harmon.

17             MR. HARMON:  Could we have Exhibit 855 on the monitor, please.

18     And this is found at page 45 of the master list.

19             JUDGE MOLOTO:  Mr. Harmon, you're referring to a three-digit

20     number and we do have an Exhibit 855.

21             MR. HARMON:  I'm sorry, 65 ter.

22             JUDGE MOLOTO:  Is that a 65 ter number?

23             MR. HARMON:  65 ter 855, Your Honour.  And I would like to

24     display on the English -- just one moment.

25                           [Prosecution counsel confer]

Page 4214

 1             MR. HARMON:  Can we go to the next page, please, in the English.

 2        Q.   There are two pages in this.  We'll look at this page first.  Can

 3     you identify this, Mr. Randall?

 4        A.   Yugoslav army, General Staff, logistics sector medical

 5     administration --

 6        Q.   You should have that in front of you, Mr. Randall.  It should be

 7     in that same binder.  It's 855.  There are tabs at the top.

 8        A.   Got it.

 9        Q.   Okay.

10        A.   Yes, Yugoslav army General Staff logistic sector medical

11     administration, confidential number 192-3, dated 23 May 2004 bearing the

12     name chief Major-General, medical doctor, senior lecturer,

13     Miroslav Miletic, provided by the authorities of Republika Srpska.

14             MR. HARMON:  [Microphone not activated] ... can we display the

15     next page in the English, please.

16             Could we go to the next translation in the e-court on this

17     document, please.

18        Q.   Can you identify this document, Mr. Randall?

19        A.   It's the same 65 ter?

20        Q.   Yes.  List of hospitals in Belgrade where wounded members of the

21     Army of Republika Srpska are treated.  That was also provided by the

22     authorities of Republika Srpska.

23             MR. HARMON:  Could this be given an exhibit number, Your Honour.

24             JUDGE MOLOTO:   Yes, Mr. Lukic.

25             MR. LUKIC: [Interpretation] Let us be precise.  Yesterday when

Page 4215

 1     discussing this document, we had the difficulty in the fact that the

 2     English version in e-court has three pages, whereas the B/C/S has 30.

 3     Mr. Harmon said that he would only be asking the three pages in the B/C/S

 4     and the corresponding pages in English to be admitted.

 5             MR. HARMON:  [Previous translation continues] ...

 6             JUDGE MOLOTO:  The three pages of this document are admitted into

 7     evidence.  In both B/C/S and English.  May they please be given an

 8     exhibit number.

 9             THE REGISTRAR:  Your Honours, that becomes Exhibit P863.

10             JUDGE MOLOTO:  Thank you very much.

11             MR. HARMON:  Your Honour, if could I distribute a schedule which

12     is associated with this theme then.

13             JUDGE MOLOTO:  Getting there now.

14             MR. HARMON:  We are.

15        Q.   Mr. Randall, I'm going to show you a document that will be shown

16     to you in a minute.  I'd like to you review it, and I'm going to ask you

17     to -- we need one for the witness.  We need one for the witness, please.

18             Mr. Randall, can you review that document, look at the -- on the

19     left-hand side there is an 65 ter number, and on the right-hand side

20     there is the source.  Can you just review that quickly and confirm that

21     the sources are accurate for each of those numbers.

22        A.   Yes, this schedule was produced based on the master list which

23     was compiled by myself and other members of the Office of the Prosecutor

24     after we interrogated the evidence database and also as a result of my

25     own personal knowledge.

Page 4216

 1             So it's true and correct.

 2             MR. HARMON:  Your Honour, I would then seek admission of each of

 3     the documents identified on this schedule, Your Honour.

 4             JUDGE MOLOTO:  The documents in that schedule are admitted.  May

 5     they please be given an exhibit number at your convenience,

 6     Mr. Registrar.

 7             MR. HARMON:

 8        Q.   Mr. Randall, we're going to turn to a different binder.  It's

 9     going to be.  Actually, Mr. Randall, it is the same binder that you

10     should be ...

11             MR. HARMON:  Could we have 65 ter Exhibit 774 on the monitor,

12     please.  This is found at page 42 of the master list.

13        Q.   Mr. Randall, the binder you need to consult is the one that -- at

14     the top says:  Meetings of Supreme Command staff.

15        A.   I've got that.  774 [Realtime transcript read in error, "744"],

16     is it?

17        Q.   That's correct.  Should be a red tag at the top, Mr. Randall,

18     that might be of assistance to you.

19        A.   Got it.

20        Q.   Okay.  Can you identify this document?

21        A.   Says 2nd Romanija Motorised Brigade command report on work

22     performed and damage inspection of the 2nd Romanija Motorised Brigade

23     vehicles of TAM make, dated 4 September 1995.  There's a number of

24     different people who have certified this it looks like.

25        Q.   Provenance of this document, sir?

Page 4217

 1        A.   Provided by the authorities of Republika Srpska.

 2             MR. HARMON:  Could this be given an exhibit number, Your Honour.

 3             JUDGE MOLOTO:  It is admitted.  May it please be given an exhibit

 4     number.

 5             THE REGISTRAR:  Your Honours, that will become Exhibit P864.

 6             MR. HARMON:  So the record is clear in the transcript, the

 7     document I called up was 774.  In the transcript Mr. Randall stated 744

 8     and I affirmed that that was correct.  The correct exhibit we're dealing

 9     with is 65 ter 774.

10             JUDGE MOLOTO:  Okay.  Thank you, Mr. Harmon.

11             MR. HARMON:  Thank you.  Could we turn to the next exhibit, which

12     is 7896.  That's page 150 of the master list, Your Honours.

13        Q.   Mr. Randall, can you identify this document, please.

14        A.   Federal Republic of Yugoslavia, Yugoslav army General Staff

15     cabinet of the chief of the General Staff, dated 6 May 1995.

16        Q.   Provenance of that document, Mr. Randall?

17        A.   Provided by the government of the Republic of Serbia in response

18     to Request for Assistance 1504.

19             MR. HARMON:  Could that be admitted, Your Honour.

20             JUDGE MOLOTO:  It is admitted.  May it please be given an exhibit

21     number.

22             THE REGISTRAR:  Exhibit P865, Your Honours.

23             JUDGE MOLOTO:  Thank you.

24             MR. HARMON:  Your Honours, I have another schedule.  I

25     distributed this as the exemplar earlier today, this morning.  If a copy

Page 4218

 1     could be given to the witness.

 2             JUDGE MOLOTO:  May ...

 3             MR. HARMON:

 4        Q.   Again, Mr. Randall, if you could you examine that and in respect

 5     of each of those 65 ter numbers that are identified in the left column

 6     can you confirm that the provenance of each of those documents is

 7     accurate.

 8             JUDGE MOLOTO:  Just to confirm this is the schedule VJ

 9     maintenance.

10             MR. HARMON:  That's correct, Your Honours.

11             JUDGE MOLOTO:  Thank you very much.

12             THE WITNESS:  Yes, agree that that schedule accurate.

13             MR. HARMON:  I would request that each of these items on this

14     particular schedule be given a number, and I would ask that -- that's

15     what I'd ask, Your Honour.

16             Does the Court wish have to have the schedules themselves marked

17     as an exhibit?

18             JUDGE MOLOTO:  I thought you were tendering the documents listed

19     in the schedule.

20             MR. HARMON:  I am.  But I was wondering if the -- there would be

21     a point -- I withdraw the comments.  I'm satisfied.

22             JUDGE MOLOTO:  I have asked the Registrar to admit the documents

23     themselves.

24             MR. HARMON:  That's fine, Your Honour, I'm satisfied.

25             JUDGE MOLOTO:  Thank you so much.  Okay.

Page 4219

 1             Did you ask that we give them a number.

 2             MR. HARMON:  Yes.

 3             JUDGE MOLOTO:  The documents listed in that schedule are

 4     admitted.  May they please be given an exhibit number at your

 5     convenience, Mr. Registrar.

 6             MR. HARMON:  Just a minute, Your Honour.

 7                           [Prosecution counsel confer]

 8             MR. HARMON:

 9        Q.   Mr. Randall, could you take the binder that says: VRS directives.

10                           [Prosecution counsel confer]

11             MR. HARMON:

12        Q.   Mr. Randall, could you consult that binder.

13             MR. HARMON:  Your Honours, we've going to refer, first of all, to

14     65 ter 6077.  That's found at page 112 of the master list.

15             MR. GUY-SMITH:  Excuse me, I rise solely for purposes of

16     clarification.  Is this a exemplar with regard to one of the schedules

17     that we had come to agreement about?

18             MR. HARMON:  Oh.  I'm going to expose one of these,

19     Mr. Guy-Smith, and then we're going to admit the rest.

20             MR. GUY-SMITH:  All right.  Thank you.

21             MR. HARMON:

22        Q.   Mr. Randall, can you identify this particular document.

23        A.   This is a Main Staff of the Army of Republika Srpska strictly

24     confidential document, dated 19 November 1992.  Very urgent, directive

25     for further operations of the Army of Republika Srpska to the commander

Page 4220

 1     (Chief of Staff) personally.  Directive operational number 4.  And --

 2        Q.   Source of document?

 3        A.   The authorities of Republika Srpska.

 4             MR. HARMON:  Could that be given an exhibit number, Your Honour.

 5             JUDGE MOLOTO:  Yes, Mr. Lukic.

 6             MR. LUKIC: [Interpretation] In relation to this document, I have

 7     an objection to make on two grounds.  One, that it's outside of the

 8     indictment period because it dates from 1992; and plus the document does

 9     not bear either a signature or a stamp.

10             If it is accepted that the document is relevant, I suggest that

11     it be MFI'd because we will be calling witnesses who will be able to

12     testify to the authenticity of the document, or lack thereof.

13             JUDGE MOLOTO:  Mr. Harmon.

14             MR. HARMON:  Your Honour, I have no objection to this being

15     MFI'd.  Theres are had been previous testimony in other proceedings on

16     this document.

17             JUDGE MOLOTO:  It will be MFI'd.  The document is admitted.  May

18     it please be given an exhibit number, and marked for identification.

19             THE REGISTRAR:  Your Honours, this will become Exhibit P866,

20     marked for identification.

21             MR. HARMON:  Your Honour, the remaining document, counsel has

22     agreed to, and I will identify them by number and ask that they be given

23     an exhibit number.

24             2007, 369, 2508.

25             JUDGE MOLOTO:  Sorry, 369.

Page 4221

 1             MR. HARMON:  Yes.  5767 and 8323.  I would ask that those be

 2     given an exhibit number.

 3             JUDGE MOLOTO:  All those, Mr. Registrar, are admitted.  May they

 4     please be given an exhibit numbers.

 5             MR. GUY-SMITH:  Excuse me, I'm going through our lists, and I

 6     have a bit of confusion, I do apologise.  If we could have those MFI'd

 7     for the moment just so we can double check something because I'm not

 8     coming up with those particular document numbers in the lists that we

 9     have here; and there may be just some transmission problem here, so if we

10     could just have those MFI'd, I would appreciate it.  I think we're

11     probably okay, but just to make sure.

12             JUDGE MOLOTO:  Mr. Harmon.

13             MR. HARMON:  That's fine, Your Honour, we can resolve it later.

14             JUDGE MOLOTO:  Mark them for identification, Mr. Registrar.

15             MR. HARMON:  If I have just a moment, Your Honour.  Thank you.

16                           [Prosecution counsel confer]

17             MR. HARMON:  Can we have --

18             MR. GUY-SMITH:  Just so we're clear with regard to that last

19     batch.  Let me double check, there is not transfer problems.  This is

20     something that we actually need to go through, so the Chamber is aware.

21             MR. HARMON:  Sorry, could you repeat that.  I didn't hear it.

22             MR. GUY-SMITH:  Just so we're clear with regard to the last

23     batch, this not a transfer problem on our part.  This is something we

24     actually need to go through.  We have not been through these documents

25     before.  We did not discuss these documents yesterday.  That's why I'm

Page 4222

 1     just saying, I just wanted to make sure that the Chamber is clear about

 2     the fact that there are some where we did and others we're still working,

 3     and I'm sure we'll come to resolutions this is not a group that this

 4     occurred.

 5             MR. HARMON:  It is it my understanding there had been agreement

 6     because Mr. Guy-Smith rose and said there had been agreement and,

 7     therefore, I deferred what would have been my presentation in going

 8     through each of these documents one at a time.  Having understood now

 9     there is no agreement on these particular documents although we have

10     reached many agreements on lots of documents, I'm prepared to go through

11     each of these documents quickly and ask Mr. Randall the source of each of

12     the document documents.

13             JUDGE MOLOTO:  Can't it be resolved by them going through them as

14     you are continuing to talk.

15             MR. GUY-SMITH:  I think that is probably a more efficient use of

16     time.  This is not a schedule that we went through before, unfortunately.

17             MR. HARMON:  All right, fine.

18             JUDGE MOLOTO:  Thank you very much, Mr. Harmon.

19             MR. HARMON:  Could I have 65 ter Exhibit 1140 on the monitor,

20     please.

21        Q.   Mr. Randall, you will have to use the monitor on these sets of

22     documents.

23        A.   Mm-hmm.

24        Q.   Can you identify that document, Mr. Randall?

25        A.   VRS Drina Corps command order dated 18 July 1994, bearing the

Page 4223

 1     name Major-General Milenko Zivanovic, that was provided by the

 2     authorities of Republika Srpska.

 3             MR. HARMON:  Could that be given an exhibit number, Your Honour.

 4             JUDGE MOLOTO:  May it please be given an exhibit number.  May we

 5     do that?

 6             THE REGISTRAR:  Your Honours, that becomes Exhibit P867.

 7             JUDGE MOLOTO:  Thank you.

 8             MR. HARMON:  Could I have Exhibit 65 ter 1229 on the monitor.

 9        Q.   Mr. Randall, can you identify that exhibit?

10        A.   Sarajevo-Romanija Corps command report, training for instructors

11     of reconnaissance and police unit, bearing the name

12     Major-General Dragomir Milosevic, dated 2 March 1995.  Sorry, 65 ter

13     number again?

14        Q.   1229.

15        A.   That was provided by the authorities of Republika Srpska.

16             MR. HARMON:  Could that be given an exhibit number, Your Honour.

17             JUDGE MOLOTO:  It may.  [Microphone not activated]

18             THE REGISTRAR:  Your Honours, that becomes Exhibit P868.

19             JUDGE MOLOTO:  Thank you.

20             MR. HARMON:  Could I have 65 ter 5464 on the monitor.

21        Q.   Mr. Randall, can you identify that document and tell us the

22     provenance of it.

23        A.   Drina Corps command, intelligence unit report, bearing the name

24     Vujadin Popovic, dated 13 February 1995, proposal for education of

25     subordinate officers in BOSC Pancevo, provenance provided by the

Page 4224

 1     authorities of Republika Srpska.

 2             MR. HARMON:  Could that be receive an exhibit number,

 3     Your Honour.

 4             JUDGE MOLOTO:  Yes, it may.  Can it be given an exhibit number,

 5     please.

 6             THE REGISTRAR:  Your Honours, that will become Exhibit P869.

 7             JUDGE MOLOTO:  Thank you.

 8             MR. HARMON:  The next exhibit, 65 ter 1152.  Could that be put on

 9     the monitor.

10        Q.   Mr. Randall, can you identify that document and provide

11     information about its provenance?

12        A.   Military post 7469, Zvornik, dated 9 May 1994, soldiers to attend

13     specialist training.

14             If we can just go down a little bit, scroll down.  Sorry.

15     Bearing the name Captain First Class Dragan Obrenovic that was provided

16     by the authorities of Republika Srpska.

17             MR. HARMON:  Could I distribute a schedule then relating to

18     documents --

19             JUDGE MOLOTO:  What do you want to do with this exhibit.

20             MR. HARMON:  Sorry, I want to admit it, Your Honour.

21             JUDGE MOLOTO:  It is so admitted.  May it be given an exhibit

22     number.

23             THE REGISTRAR:  Your Honours, that becomes Exhibit P870.

24             JUDGE MOLOTO:  Thank you.

25             MR. GUY-SMITH:  And for the Chamber's information, we're now

Page 4225

 1     going to be dealing with a schedule that we have gone through.

 2             JUDGE MOLOTO:  Thank you, Mr. Guy-Smith.

 3             MR. HARMON:  Can these be distributed, please.

 4        Q.   Mr. Randall, can you examine that schedule and confirm that the

 5     sources of each of the documents identified in the schedule is correct.

 6        A.   Yes, this schedule was compiled from the master list.  I affirm

 7     that it is true and correct, the information contained therein.

 8             MR. HARMON:  I would ask that each item on the schedule, Your

 9     Honour, be provided an exhibit number.

10             JUDGE MOLOTO:  Do that at your convenience, Mr. Registrar, and

11     give them numbers, each one of them.

12             MR. HARMON:  Your Honour, this would be a convenient time to

13     break.

14             JUDGE MOLOTO:  Would it?

15             MR. HARMON:  We, Your Honour, we have -- at this point concluded

16     our presentation for this segment.  I had mentioned at the beginning,

17     there are numerous schedules and further discussions with the parties.  I

18     think we be able to expedite.

19             JUDGE MOLOTO:  You want us to take the break for the day or for

20     the break -- for the break?

21             MR. HARMON:  For the day.

22             JUDGE MOLOTO:  For the day --

23             MR. HARMON:  Yes.

24             JUDGE MOLOTO:  -- and come back tomorrow.  Thank you, Mr. Harmon.

25             I'm sorry, Mr. Randall, I repeat yesterday's warning at the --

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 1     the other day's warning at the end of our session that you may not talk

 2     to anybody until you are done with the case, with the testimony.  The

 3     matter then stands adjourned until tomorrow, again same courtroom, I.

 4             THE WITNESS:  I understand, Your Honour.

 5             JUDGE MOLOTO:  Okay.

 6             Court adjourned until tomorrow morning, Courtroom I, 9.00 in the

 7     morning.

 8                            --- Whereupon the hearing adjourned at 11.52 a.m.,

 9                           to be reconvened on Thursday, the 12th day of March

10                           2009, at 9.00 a.m.

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