1 Monday, 1st November, 1999
2 [Initial Appearance]
3 [Open session]
4 --- Upon commencing at 4 p.m.
5 JUDGE MAY: Yes. Let the Registrar call the
7 THE REGISTRAR: Case number IT-95-8-I, the
8 Prosecutor versus Damir Dosen.
9 JUDGE MAY: The appearances, please.
10 MR. NIEMANN: If Your Honours please, my name
11 is Niemann, and I appear with my colleagues Mr. Keegan
12 and Mr. Waidyaratne. Ms. Reynders is the case manager
13 on this case.
14 MR. GREAVES: If it please Your Honour, I
15 appear on behalf of the defendant. My name is Michael
17 JUDGE MAY: This matter has been listed --
18 THE INTERPRETER: Microphone, Your Honour,
20 JUDGE MAY: This matter has been listed for
21 the initial appearance of this accused.
22 Mr. Greaves, we understand that he does not
23 attend due to injury.
24 MR. GREAVES: Your Honour, yes. I went to
25 the prison this morning in order to see him, and when I
1 got there, I spoke with Mr. McFadden. He informed me
2 that during the course of the weekend, the defendant,
3 Mr. Dosen, had injured himself whilst engaged in
4 physical activity and was at that stage in bed, on his
5 back, and in receipt of treatment from a doctor, who
6 was satisfied that he had got something wrong with his
7 back and indicated that he was not fit to attend court
9 JUDGE MAY: I'm told it was due to playing
11 MR. GREAVES: Yes, so I understand.
12 JUDGE MAY: Well, the position is he's not
13 here and obviously can't attend due to his medical
14 condition. I'm told, too, that he could be here next
16 MR. GREAVES: Yes. I had a brief discussion
17 with Mr. McFadden. Obviously, he's not the doctor, but
18 he relayed to me what the view was. As a result of
19 that, I was going to suggest, and I hope this is a
20 helpful suggestion, to perhaps aim at 9 o’clock next Monday
21 morning in the hope that we shall be able to do
22 something on that occasion.
23 JUDGE MAY: In fact, the time that we had
24 identified was 2.30, unless that makes any difference
25 to anybody.
1 MR. GREAVES: It would cause me difficulty
2 because I have another commitment in the afternoon.
3 JUDGE MAY: Yes. Well, all right. I
4 recollect that I'm sitting at half past nine. Is it a
5 case which is going to take very long?
6 MR. GREAVES: No. I was going to make what I
7 hoped was a practical suggestion today, which would be
8 that although he hasn't made his initial appearance, if
9 the material which has to be disclosed could be made
10 available to me fairly promptly, that will enable me
11 to, I hope, shorten matters on Monday very, very
12 quickly, and I would certainly give advice to my client
13 that we needn't go through the business of reading the
14 entire indictment.
15 JUDGE MAY: Yes. The only problem which
16 occurs is the difficulty of finding a court next Monday
17 at 9 o’clock.
18 Mr. Niemann, as far as the Prosecution are
19 concerned, is there any difficulty for next Monday?
20 MR. NIEMANN: No, Your Honour, there's no
22 [Trial Chamber confers]
23 JUDGE MAY: Very well. We'll adjourn the
24 matter until Monday, the 8th of November, at 9.00.
25 Mr. Niemann, is there any difficulty in
1 following the suggested course?
2 MR. NIEMANN: No, Your Honour. We could make
3 this material available tomorrow.
4 MR. GREAVES: Thank you. I thank my learned
5 friend for that. That would be extremely helpful, and
6 then I will undertake, as far as I can, to see that the
7 matter can last only about half an hour, if at all
9 JUDGE MAY: Yes. Now, are there any other
10 matters to which we could deal with today?
11 MR. NIEMANN: No, Your Honour.
12 JUDGE MAY: Mr. Greaves?
13 MR. GREAVES: It's a small practical
14 suggestion. The indictment which I have has no
15 enumeration to the counts on the indictment. They are,
16 as it were, by paragraph, but that's slightly confusing
17 because we start with paragraphs 1 to 10 or 1 to 11,
18 which relate to other matters, and then the counts are
19 contained within individual paragraphs. But the
20 individual counts are not enumerated. I could see that
21 leading to a degree of confusion in due course. I
22 wonder whether my learned friend might care to, and I
23 would be happy to agree in advance, to an amendment to
24 add some numbers.
25 MR. NIEMANN: There may be, if Your Honour
1 pleases, a number of versions of this indictment.
2 MR. GREAVES: That comes as no surprise.
3 MR. NIEMANN: The version I have has numbered
4 counts, and this is the one that has the blue cover.
5 My friend has that one, but --
6 MR. GREAVES: I've got a pretty blue cover as
8 MR. NIEMANN: But mine provides counts 1, 2,
9 3, through to --
10 MR. GREAVES: It may be I need to get back to
11 the file of documents and try again. Thank you very
12 much. I'm grateful to my friend.
13 JUDGE MAY: Very well. This matter is
14 adjourned to next Monday at 9 o’clock.
15 --- Whereupon the Status Conference
16 adjourned at 4.05 p.m., to be reconvened
17 on Monday, the 8th day of November,
18 1999, at 9 a.m.