1 Tuesday, 7 April 2009
2 [Open session]
3 [The witness takes the stand]
4 [The accused entered court]
5 --- Upon commencing at 9.00 a.m.
6 JUDGE MOLOTO: Good morning to everybody in and around the
8 Madam Registrar, would you please call the case.
9 THE REGISTRAR: Good morning, Your Honours. Good morning to
10 everyone in and around the courtroom. This is case number IT-04-81-T,
11 The Prosecutor versus Momcilo Perisic.
12 JUDGE MOLOTO: Thank you so much.
13 May we have the appearances for today, starting with the
14 Prosecution, please.
15 MR. THOMAS: Good morning, Your Honours. Good morning to
16 everyone in and around the courtroom. Barney Thomas, Salvatore Cannata,
17 and Carmela Javier for the Prosecution.
18 JUDGE MOLOTO: Thank you very much.
19 And for the Defence.
20 MR. LUKIC: [Interpretation] Good morning, Your Honours. Good
21 morning to everyone in the courtroom. Mr. Perisic's Defence today is
22 represented by Milos Androvic, Daniela Tasic, Gregor Guy-Smith, and Novak
24 JUDGE MOLOTO: Thank you so much, Mr. Lukic.
25 Good morning, sir.
1 THE WITNESS: [Interpretation] Good morning, Your Honours. Good
2 morning to everyone.
3 JUDGE MOLOTO: Just to remind you that you are still bound by the
4 declaration you made at the beginning of your testimony to tell the
5 truth, the whole truth, and nothing else but the truth, okay?
6 Mr. Lukic.
7 Before you start, should we or should we not go into private
9 MR. LUKIC: [Interpretation] Yes, yes. This is what I was going
10 ask for, Your Honour. We need to return to private session, please.
11 JUDGE MOLOTO: Thank you so much.
12 May the Chamber please move into private session.
13 [Private session]
11 Pages 5317-5329 redacted. Private session.
25 [Closed session]
6 [Open session]
7 THE REGISTRAR: Your Honours, we're back in open session.
8 JUDGE MOLOTO: Thank you, Madam Registrar.
9 Yes, Mr. Cannata.
10 MR. CANNATA: Yes, Your Honour. Just one housekeeping matter I
11 wish to raise. It concerns some of the exhibits tendered through Witness
12 Dr. Nakas. As Your Honours might recall, there was some exhibits
13 admitted as MFI
14 translation issues that we have with the documents.
15 Now those issues have been resolved, and with the agreement with
16 the Defence, I'm going ask you to move these exhibits from MFI to proper
17 exhibits. And with your leave, I'm going to give you the following
18 exhibit numbers.
19 Those exhibits would be P221, P222, P224, P22 -- sorry, let me
20 strike these and start again. I apologise. Now the exhibits will be
21 P2221, P2222, P2224, P2226, P2227, P2228, and P2229. And the Prosecution
22 asks for those documents to be exhibited properly and with no reference
23 to MFI
24 JUDGE MOLOTO: Thank you, Mr. Cannata.
25 Mr. Cannata, the Chamber was going to render an oral decision
1 just now in relation to some other exhibits about which the parties also
2 have agreed that the MFI
3 ones that you are referring are not part of the motion that was filed on
4 the 6th of April, which is yesterday?
5 MR. GUY-SMITH: The answer to that would be, yes, Your Honour.
6 JUDGE MOLOTO: Yes, they are not part of that?
7 MR. GUY-SMITH: Yes, they are not part of that. Yes.
8 JUDGE MOLOTO: Thank you so much.
9 What is the Defence's response to these ones that Mr. Cannata is
10 referring to?
11 MR. GUY-SMITH: Mr. Cannata has accurately indicated what the
12 agreement is between the parties with regard to these exhibits now that
13 they have been corrected.
14 JUDGE MOLOTO: Thank you very much.
15 Madam Registrar, those exhibits which were marked for
16 identification, there about one, two, three, four, five, six, seven of
17 them, starting with P2221 to 2229. May the MFI please be removed from
19 THE REGISTRAR: Your Honours, the status of those will be changed
20 to exhibit.
21 JUDGE MOLOTO: Thank you so much.
22 Was that all the housekeeping you had, sir?
23 MR. CANNATA: Yes, Your Honour.
24 JUDGE MOLOTO: Thank you so much. Before I call you again, may I
25 deal with the housekeeping from the Chamber.
1 On the 6th of April, 2009 the Defence filed its partly
2 confidential notification on the MFI
3 Bretton Randall, whereby it withdrew its previous objections and agreed
4 to admission into evidence of 183 documents previously MFI'd by the
5 Trial Chamber during the testimony of Bretton Randall.
6 The Trial Chamber therefore admits into evidence as exhibits the
7 documents listed in the confidential Annex A to the Defence notification.
8 And that the -- the status be removed from marked for
9 identification to full exhibits.
10 Mr. Thomas.
11 MR. THOMAS: Yes, sir. I can address you, Your Honours, that
12 concludes not just the housekeeping matters but also the evidence for
13 today and for the week.
14 JUDGE MOLOTO: Oh, does it then -- that means we postpone to the
16 MR. THOMAS: I understand that is now to the 21st, Tuesday the
17 21st of April.
18 JUDGE MOLOTO: But I saw some surprise on the Defence faces. Was
19 that not what you expected, gentlemen?
20 MR. LUKIC: [Interpretation] Your Honour, we're not surprised, but
21 I was more actually confused by your -- what you said, that it is on the
22 20th, because my understanding was that we are resuming on the 21st,
23 because that's what I heard yesterday, that we are resuming on Tuesday,
24 the 23rd.
25 JUDGE MOLOTO: I have heard that rumour. But I have looked at
1 the schedule from the people who control the court schedule, and I have
2 seen us scheduled for the 20th. And being an obedient child, I thought,
3 I'm going to stick to the schedule. What is the reason we're not sitting
4 on the 20th?
5 MR. LUKIC: [Interpretation] If I may just say, on behalf of the
6 Defence, that we are ready, and, as far as the Defence team, we're all
7 going to be here whenever you say we should be here to resume.
8 JUDGE MOLOTO: That is not my question, Mr. Lukic. My question
9 is do you know what the reason for us not sitting on the 20th?
10 MR. LUKIC: [Interpretation] The Defence does not have any
11 information to that effect.
12 [Trial Chamber confers]
13 JUDGE MOLOTO: I have been appropriately apprised. Thank you so
15 Then we stand adjourned to the 21st of April, Courtroom I, 9.00
16 in the morning.
17 Court adjourned.
18 --- Whereupon the hearing adjourned at 9.44 a.m.
19 to be reconvened on Tuesday, the 21st day of April,
20 2009, at 9.00 a.m.