080709ED

Page 9145

1 Wednesday, 9 July 2008

2 [Open session]

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

4 [The accused entered court]

5 JUDGE ANTONETTI: [Interpretation] Registrar, kindly call the

6 case, please.

7 THE REGISTRAR: Good afternoon, Your Honours. This is case

8 number IT-03-67-T, the Prosecutor versus Vojislav Seselj.

9 JUDGE ANTONETTI: [Interpretation] [No interpretation].

10 MR. MARCUSSEN: Your Honour, there's no translation.

11 JUDGE ANTONETTI: [Interpretation] Let me repeat.

12 I was saying that I would like to greet all the representatives

13 of the Prosecution, Mr. Seselj, as well as all the people assisting us in

14 the courtroom.

15 I also added that before bringing the witness in, in closed

16 session, there are two oral decisions I would like to hand down, and then

17 address another topic, but this topic will be addressed in closed

18 session.

19 First, oral decision relating to the lifting of the

20 confidentiality of the transcript of the 3rd of July, 2008. Given the

21 motion provided by the accused to lift the confidentiality of the

22 transcript, parts of the transcript of the 3rd of July, 2008, given that

23 the Prosecution has not objected to this motion, and at the hearing on

24 the 3rd of July, 2008, the Trial Chamber had indicated that it would

25 state at a latter stage which portions needed to be addressed; given that

Page 9146

1 the Trial Chamber feels that the confidentiality of the following

2 portions can be lifted, I shall give you the pages numbers and the lines,

3 page 8989, lines 18, to page 8990, line 25; page 8991, lines 2 to 14;

4 and, lastly, still on the same page, page 8991, line 16, to page 8992,

5 line 17.

6 The Trial Chamber stipulates that the page numbers -- that the

7 above-mentioned page numbers refer to the transcript in English.

8 Second oral decision relating to the motion filed by the accused

9 pertaining to a reconsideration of the decision taken by the Trial

10 Chamber as regards a status of Witnesses VS-1022 and VS-1024. This might

11 be a little bit longer than the previous one.

12 Noting the motion filed orally by the accused at the hearing of

13 the 3rd of July, 2008, with a view to asking for the Trial Chamber to

14 reconsider its decision to hear Witnesses VS-1022 and VS-1024, pursuant

15 to Rule 92 ter of the Rules of Procedure and Evidence; noting the

16 response provided by the Prosecution that objects to this motion,

17 reminding that the accused has chosen not to avail himself of his right

18 to cross-examine regarding those witnesses that are 92 ter witnesses;

19 considering that the Trial Chamber would like to remind the accused,

20 first of all, that as far as Witness VS-1022 is concerned, the Trial

21 Chamber had not decided that this witness should be heard pursuant to

22 Rule 92 ter, but had entitled the Prosecution, through its decision of

23 the 7th of January, 2008, to file a new consolidated motion in the

24 present case, which is what the Prosecution did when it filed its motion

25 on the 27th of June, 2008; considering that for this particular Witness

Page 9147

1 VS-1022, a review of the consolidated statement of the 26th of June,

2 2008, in light of the criteria applied to this present case and repeated

3 on several occasions, does not entitle this witness to be heard pursuant

4 to Rule 92 ter.

5 Considering, however, that as far as Witness VS-1024 is

6 concerned, the Trial Chamber had decided, in its decision of the 27th of

7 February, 2008, to hear this witness pursuant to Rule 92 ter, on the

8 basis of his statement of the 8th of October, 1998. And in light of the

9 fact that the accused has not demonstrated, and let me quote, that "the

10 challenged decision contains a clear error or particular circumstances in

11 the form of facts or new arguments, warrant its reconsideration to avoid

12 an injustice."

13 For the foregoing reasons, the Trial Chamber orders that:

14 A. Witness VS-1022 shall be heard viva voce, and the parties

15 will each have two hours for examination-in-chief and cross-examination.

16 B. Witness VS-1024 shall be heard pursuant to Rule 92 ter on the

17 basis of his statement dated the 8th of October, 1998. The Prosecution

18 will have 30 minutes for its examination-in-chief and the accused one

19 hour for his cross-examination, if he so wishes.

20 In sum, Witness 1022 will be heard viva voce. The Prosecution

21 will have two hours. Mr. Seselj will have two hours. Witness 1024 will

22 be a 92 ter witness. The Prosecution will have 30 minutes, and

23 Mr. Seselj will have one hour if he wishes to cross-examine this witness.

24 I shall now move on to another issue. But prior to that, I would like to

25 ask the Registrar to move into private session, please.

Page 9148

1 [Closed session]

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 (redacted)

16 (redacted)

17 (redacted)

18 (redacted)

19 (redacted)

20 (redacted)

21 (redacted)

22 (redacted)

23 (redacted)

24 (redacted)

25 (redacted)

Page 9149

11 Pages 9149-9244 redacted. Closed session.