Page 17520
1 Wednesday, 25 April 2007
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.01 a.m.
5 JUDGE ANTONETTI: [Interpretation] Registrar, kindly call the case,
6 please.
7 THE REGISTRAR: Your Honours, this is case IT-04-74-T, Prosecutor
8 versus Prlic et al.
9 JUDGE ANTONETTI: [Interpretation] Thank you, registrar.
10 We are the 25th of April, 2007. I'd like to greet all the people
11 present in the courtroom, the OTP representatives, Defence counsel, and
12 the accused.
13 From what I understood, somebody wanted to take the floor this
14 morning, I believe. Mr. Stewart or Mr. Karnavas?
15 MR. STEWART: I was trying to signal. We do have a problem with
16 our computer. I'm sorry to interrupt. I was just trying to signal to the
17 officers in question that Ms. Alaburic has a problem. My apologies if it
18 was directed in that direction.
19 MR. KARNAVAS: Good morning, Mr. President. Good morning,
20 Your Honours. Good morning everyone. Just a couple of minor points.
21 One, we would like either the Trial Chamber, or I could do so, to
22 inquire from the witness before he testifies today whether overnight he
23 consulted his statement. I don't -- did not ask for a protective measure
24 last night, that is for him -- to prevent him from looking at his
25 statement and refreshing his memory overnight or memorising his statement,
Page 17521
1 given that it would appear that he has no recollection of many of the
2 events or at least the quotations that he wishes to -- to use from his --
3 his statement. So I would ask that he -- that an inquiry be made as to
4 whether he read his statement, because if that is the case, then again I
5 would renew my request that he be disallowed to testify any further,
6 because then again the testimony that we would hear today would be based
7 on a memory that has been prepped and perhaps even provoked, as I would
8 say, by -- by reading his -- his statement, and it would not be an
9 independent recollection. So that's the first.
10 Another matter which I would raise at this point for the Court to
11 consider - perhaps during the break you can convene - is in light of my
12 earlier request yesterday to do a voir dire and, given the time
13 limitations, I would respectfully request on behalf of everybody that we
14 be allotted 30 extra minutes for one of us to delve into those issues,
15 that is the issues of how the statement was prepared, to what extent he
16 relied on his notes, what notes he relied on, what documents he gave to
17 the Prosecution concretely. We would like to hear it from the witness
18 himself so we could have an adequate record upon which later on we could
19 renew our request that the testimony be disallowed since the Trial Chamber
20 indicated that it was premature to have made that decision yesterday.
21 That's it, Your Honours.
22 MR. STEWART: Your Honour, just to say we, Mr. Karnavas and I,
23 have discussed this. We fully support that. Your Honour, we don't have
24 in mind, of course, that we would duplicate our examination on that issue,
25 but we do strongly urge that 30 minutes is a sensible estimate of the
Page 17522
1 extra time needed for that discreet matter.
2 JUDGE ANTONETTI: [Interpretation] Mr. Scott.
3 MR. SCOTT: Your Honour, I think probably it would be better if
4 we'd been in private session. If we could go into private session now.
5 JUDGE ANTONETTI: [Interpretation] Let's move to private session,
6 please.
7 [Private session]
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15 --- Whereupon the hearing adjourned at 1.48 p.m.,
16 to be reconvened on Thursday, the 26th day
17 of April, 2007, at 2007 p.m.
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