Tribunal Criminal Tribunal for the Former Yugoslavia

Page 32135

1 Monday, 5 July 2004

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 11.12 a.m.

5 JUDGE ROBINSON: Today was the day set by the Chamber for the

6 accused to commence the presentation of his defence. But last week the

7 Chamber received two medical reports concerning the health of the accused,

8 and the Chamber thought it right to convene this hearing so that

9 consideration could be given to these reports in the light of any

10 implications they might have for the continuation of the trial.

11 I'm going to read the reports and then ask the parties for their

12 comments. The first report was received on Thursday, the 1st of July,

13 from the medical officer, and it says: "Due to the discovery of extremely

14 high blood pressure, it is absolutely essential that Mr. Milosevic rest.

15 Confirmation of this necessity will follow shortly --"

16 Yes, Mr. Milosevic?

17 THE ACCUSED: [Interpretation] Mr. Robinson, you can't read out my

18 medical report just like that. It is my private affair, although they

19 have been sent in to you. You know full well what is contained in those

20 reports and so do I.

21 JUDGE ROBINSON: Mr. Milosevic, the jurisprudence of this Tribunal

22 is that medical reports are confidential except when they are needed for

23 the purposes of trial, and we have considered this matter and have

24 concluded that it is right that the public should be informed.

25 I continue. The report continues that: "Confirmation of this

Page 32136

1 necessity will follow shortly in a letter from the treating cardiologist,

2 Dr. van Dijkman.

3 "Mr. Milosevic needs to rest until at least the 9th of July,

4 2004. His condition will continue to be monitored until that point, when

5 a new assessment will be submitted."

6 The Chamber considered that report and made an order on Friday,

7 the 2nd, requiring the Registrar to obtain a report from the treating

8 cardiologist, Dr. Dijkman, by the end of that day, indicating, one,

9 whether the accused is unfit to participate in court proceedings on the

10 5th of July (a) to deal with administrative matters, including by

11 videolink from the United Nations Detention Unit; or (b) to present his

12 case; and two, if the accused is unfit, to explain what are the features

13 of his high blood pressure or any other aspects of his health that render

14 him so unfit.

15 On the same day but after 5.00 p.m., the Chamber received Dr.

16 Dijkman's report, and I'll read the pertinent parts of this report. It

17 says that: "Last week we again faced a serious rise in Mr. Milosevic's

18 blood pressure during his present trial. Values of around 200/130 were

19 measured. Meanwhile, he has had some rest, which, as in previous

20 instances, has proven to be necessary.

21 "For the sake of clarity, I will once more state the following:

22 The patient is known to have essential hypertension with organ damage in

23 the form of hypertrophy of the left ventricle. He is undergoing extensive

24 medical treatment and during periods of rest his blood pressure could be

25 deemed acceptable, around 140/80. If the patient is experiencing stress,

Page 32137

1 the blood pressure rises sharply; systolic above 200 and diastolic around

2 120-130, and the blood pressure must be adjusted again. After a period of

3 rest, the situation returns to normal, and he even becomes dizzy at the at

4 that moment relatively low blood pressure." I think there is a problem in

5 the translation there but the sense is that he becomes dizzy even at that

6 relatively low blood pressure.

7 I continue: "It is therefore necessary to navigate constantly

8 between sufficient rest, optimum medication and the stress of the trial.

9 My proposal is now again to take a period of rest while strictly

10 controlling the blood pressure. I do not consider it sensible to

11 introduce stressful moments again during the trial next week, but I do not

12 think there are any objections to discussing the administrative sides of

13 the case. As soon as the blood pressure has reached values which are

14 normal for him, the trial could start again, but I expect the blood

15 pressure to rise again after a short period of time. At that moment

16 agreement on sufficient rest will have to be reached again."

17 It is in the light of that report that we are here today, and I'd

18 like to hear from the -- from the parties their views in relation to -- to

19 the report and any implications that the reports might have for the

20 continuation of the trial.

21 I'm going to start first with Mr. Milosevic, then the amicus, then

22 the Prosecutor, and then Mr. Milosevic to reply.

23 Mr. Milosevic.

24 THE ACCUSED: [Interpretation] Mr. Robinson, you have forgotten to

25 mention that this morning -- you were quoting in fact a report from last

Page 32138

1 week which states that I should be given periods of rest, and you forgot

2 to say that this morning, in fact, you received a report based on an

3 examination that I underwent this morning, and without further ado, let me

4 just say that the physician --

5 JUDGE ROBINSON: Mr. Milosevic, let me stop you. We have not

6 received any report this morning. I make a -- just a minute. Just a

7 minute. I make an inquiry of the legal officer and the registrar whether

8 we are in possession of any report from the medical officer of today's

9 date.

10 [Trial Chamber and legal officer confer]

11 JUDGE ROBINSON: I understand an oral report was received. We

12 haven't received any written report. Continue.

13 THE ACCUSED: [Interpretation] I was told that the physician

14 categorically stated -- he said categorically and angrily protested, in

15 fact - categorically and angrily protested, those were his words - against

16 any kind of idea of bringing me in to court here today and that he told

17 the deputy head of the detention centre or, rather, Mr. Tolbert let the

18 deputy head of the detention centre know, the Deputy Registrar, and he

19 said you were aware of the situation, had been informed of it, and that

20 despite that, regardless of my state of health, your order was that I be

21 brought into court here today.

22 JUDGE ROBINSON: Let me stop you again, Mr. Milosevic, to explain

23 the basis on which you are here. The report from the cardiologist, which

24 I read out, clearly stated that it would be proper for you and not

25 inimical to your health for you to be brought here for a hearing to

Page 32139

1 discuss administrative matters. Continue.

2 THE ACCUSED: [Interpretation] I understand fully what you're

3 saying, but what I don't understand, Mr. Robinson, is that you do not

4 understand what I'm telling you here and now, and that is that the medical

5 examination of this morning strictly prohibited my appearance, and this

6 morning's medical examination is the latest one, and the latest

7 information rather than the report of last week. And the report I

8 received from the deputy head of the detention centre was that you had

9 been informed of the medical report and by the by, as you have read

10 everything about this, let me say that my diastolic blood pressure is 125

11 as of this morning and that the doctor was categorically opposed to me

12 being brought into court here today. He was told you have been told and

13 nonetheless you ordered me to be brought into court here today. I'm

14 wondering now who it is who afraid of my good health when it comes to the

15 start of my defence case, my half time, and whether it is clear to you

16 that through your measures, the measures and steps you have taken, that

17 you have directly and systematically made my situation worse. You have

18 not taken into account either the decision of my physician to limit my

19 work in court to three days a week, nor did you take into account the

20 report by your own services with respect to the 50-day time period of

21 leave, and it seems that I am responsible for adhering to the reports

22 written out by the physicians.

23 You have thus decided to bring your own ruling on biology, on

24 medicine, and all other matters, let alone the reshaping of history which

25 you have been doing for a long time. But you have decided to give your

Page 32140












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Page 32141

1 own rulings in science this time. And let me tell you, Mr. Robinson, in

2 the history of mankind, this kind of ruling and decision making and

3 passing sentence is only something we know from the times of the

4 Inquisition in the Middle Ages, never before and never after.

5 Therefore, I really don't understand that despite this categorical

6 protest from the physician you nonetheless gave orders that I should be

7 brought into court at all cost, and that on the basis of a finding which

8 was made known to you which was negative, highly negative, and which

9 therefore must have been grounds and reason for you not to demand that I

10 come in to court here today.

11 Therefore, Mr. Robinson, the fact that you have brought me into

12 court is not based on legal reasons. And I've already said here once that

13 what is happening here has nothing to do with the law at all. It is not

14 in the realm of the law but in the realm of politics and the media. You

15 cannot quote a single legal ground for ignoring the medical examination

16 conducted this morning. You could have said that there should be no

17 further medical examinations, quite simply, if you wanted to do what you

18 have done.

19 Therefore, I should like to conclude by saying the following: My

20 health situation has deteriorated and it is the direct result of your

21 refusal to enable me to get my health back. And this can also be

22 concluded from Dr. van Dijkman's letter, who says that my condition -- my

23 poor condition can repeat itself because I'm not given adequate time to

24 rest. Adequate time for my recuperation is certainly not these 10-odd

25 days. It is quite certainly a longer period of time, especially if we

Page 32142

1 bear in mind the fact that you have set deadlines which demand that I work

2 very intensively to adhere to them. I, for my part, will of course do my

3 best for the truth to be heard here regardless of all the steps that you

4 have taken, and your actions here today is a classical example of

5 maltreatment of prisoners, the physical maltreatment, in fact, of a

6 prisoner.

7 JUDGE ROBINSON: Thank you, Mr. Milosevic. Before Mr. Kay makes

8 his comments, I just want to say two things: To stress once again that

9 you're here on the basis of Dr. van Dijkman's report on Friday, the 2nd,

10 which clearly stated that there are no objections to your discussing the

11 administrative sides of the case. We are not in possession of any other

12 report which says to the contrary.

13 The second matter is I think you made a reference to the time that

14 you lost during the three-month period that was given to you. We are in

15 possession of the Registrar's report which we had asked him to produce on

16 this matter. We thank the Registrar for his report. It does indicate

17 that you lost some time, that you did not have the full benefit of the

18 three-month period due to ill health. The Chamber takes this into

19 consideration and will find an appropriate time to compensate you for the

20 loss.

21 Mr. Kay.

22 MR. KAY: Dealing with -- with one matter. It was brought to my

23 attention a few moments ago that there was a problem with him entering

24 court this morning, and a doctor was attending him, and I don't know the

25 full details but it's just a report given to me was concerned,

Page 32143

1 notwithstanding the letter dated the 2nd of July, about his attendance

2 this morning. The letter dated the 2nd of July stated Mr. Milosevic was

3 fit enough to deal with administrative matters - and we all understand

4 what that means in the context of the case - rather than more stressful

5 events. That was the situation on the 2nd of July, the Friday. But it

6 seems that his condition may have become worse since that report was

7 initially written, and I understand they conducted a test this morning and

8 a doctor saw him to consider his position.

9 Two issues are arising at this stage. One is the fitness of the

10 accused to present his defence case at this time; and secondly, his

11 fitness to stand trial at all, and that matter as yet has not been

12 considered as I read the medical reports which have been concerned with

13 more immediate issues of health.

14 All of us involved in this trial since it began in February 2002

15 will have been aware of the condition of his health since the trial

16 started and the medical reports which were at first not detailed as to his

17 background, that were subsequently ordered, that advised the Court of his

18 underlying state of health and condition and fitness for work. It's

19 clear, in our submission, that that condition has deteriorated over the

20 last 18 months and one needs to consider a year ago what the condition was

21 then and the interruption to the trial that the Court experienced and in

22 this year the continuing decline in health which has been more pronounced.

23 In many respects, the time we've had since January, where we've only had a

24 few court appearances, has not been so stressful for him as in the

25 previous year when we had a large number of court attendances, yet it's

Page 32144

1 quite clear over the last five months that his health has been gradually

2 declining. And it may well be that the Court is at the stage now of

3 having to consider that as a distinct issue on this trial as to his very

4 fitness to stand trial at all.

5 Those are the observations of the amicus on that point. On a

6 separate matter regarding the commencement of the Defence case, we put it

7 simply this: That he is plainly not fit enough this week, and to commence

8 his case he would need, obviously, a period of time to make up for the

9 lost two weeks or so when he's been unfit to deal with case preparation.

10 That obviously has an impact on the trial schedule. It can be calculated

11 and worked out, but it seems to us that it should be subject to review by

12 the medical experts, in particular the consultant cardiologist who is

13 treating him at the moment.

14 That's all I have to say on those two distinct areas if -- yes,

15 Your Honour.

16 JUDGE BONOMY: Mr. Kay, one possibility that occurred to me in

17 relation to the purpose of today's proceedings, which was initially to

18 have the opening statement, was that that might be presented in written

19 form to avoid any further stress being imposed on Mr. Milosevic by

20 requiring him to present orally an argument. Is there any particular

21 reason why that course could not be adopted and perhaps make -- some

22 progress could be made? The Tribunal -- the Chamber could read the

23 opening, and indeed it could be made public.

24 MR. KAY: Yes. Unless it had any confidential areas, such a

25 document would normally be in the public domain as the filings in the case

Page 32145

1 are.

2 In terms of content, it's always far easier and quicker to speak

3 than it is often to write these things, and having just spent a great

4 period of time over the previous six months dealing with the Rule 98

5 motion, which hundred pages took us a great deal of time and effort. It

6 may be that such a document takes far longer to prepare than the day it

7 takes to deliver.

8 JUDGE BONOMY: I made the suggestion only on the assumption that

9 it might already be available.

10 MR. KAY: Yes.

11 JUDGE BONOMY: Bearing in mind how the earlier statement made by

12 Mr. Milosevic was presented --

13 MR. KAY: Yes.

14 JUDGE BONOMY: -- it clearly was written out in substantial detail.

15 MR. KAY: Yes. I don't know whether it is available. I haven't

16 seen such a document. All I can do on the general issue is mention the

17 time taken to deliver it. It may be that that prevents other work being

18 done.

19 JUDGE BONOMY: Thank you.

20 MR. KAY: Your Honour.

21 JUDGE ROBINSON: Thank you, Mr. Kay.

22 Mr. Nice, and in light of the report which was apparently made

23 this morning but which the Chamber has not received, I would try to make

24 this hearing as brief as possible.

25 MR. NICE: Your Honour, we of course had no knowledge of any

Page 32146












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Page 32147

1 report this morning. The latest report we had was the report of the 2nd

2 of July from Dr. van Dijkman.

3 Observations on what's been said this morning: Any deterioration

4 in the accused's health may now quite clearly be traced in whole or part

5 to his conducting the case himself. That is really reflected in the

6 penultimate sentence of the report of the 2nd of July where the doctor

7 forecasts a rise in blood pressure after a short period of time once he

8 resumes participation in the trial.

9 JUDGE ROBINSON: You're referring to the last two sentences.

10 MR. NICE: Yes. The last couple sentences but in particular the

11 penultimate one, which says: "But I expect the blood pressure to rise

12 again after a short period of time."

13 JUDGE ROBINSON: Yes. I think clearly that is the most

14 significant part of the report.

15 MR. NICE: Your Honour, the Court -- may I say I respectfully

16 adopt His Honour Judge Bonomy's observations about the use of a written

17 opening statement should one exist or be capable of being produced in

18 short order.

19 The Prosecution has on several previous occasions generally drawn

20 to the Court's attention the possibility of imposing counsel. It's a

21 matter which the Prosecutor herself, with her much wider experience of the

22 imposition of counsel in the civil system that she has than some of us

23 from the common law system have, has been particularly concerned that this

24 should be pressed, aware from the earliest moment of the risks of it not

25 being done. In our submission, the time has now come when it is

Page 32148

1 essential, if this case is to be properly concluded and within a

2 reasonable period of time, that counsel is imposed to assist this accused

3 in part in presentation of his case.

4 Our first suggestions would be as follows: That of course he

5 would be involved in the preparation of witnesses but that the taking of

6 witnesses in court, in order to save him from the stress that that will

7 impose on him, could and should be done by counsel imposed. We would

8 invite the Chamber to consider making an order or announcing a decision if

9 it's with us on this, that counsel will be imposed, giving the accused the

10 first option of nominating who it should be, and it could be one of his

11 associates. Were he to decline, it would be possible for the Chamber to

12 consider imposing counsel from one of those who has thus far been engaged

13 as an amicus in the case because of their knowledge of the case. And

14 again, were the Chamber to take that view, it could leave for the accused

15 the choice of which of, I think it would be the three, if one includes

16 Mr. Tapuskovic, who represented him for the majority of the case. But

17 without the imposition of Defence counsel --

18 JUDGE ROBINSON: He was an amicus. He didn't represent him.

19 MR. NICE: Sorry, yes, as an amicus. Without the imposition of

20 Defence counsel, according to these last few sentences of Dr. Dijkman's

21 report, we are going to be in the extremely unsatisfactory position of

22 facing the accused having recurring ill health and a regularly fractured

23 timetable with no certainty of a sensible and reasonable conclusion date.

24 May I add to the proposals I've just made this possibility arising

25 from the Chamber's own order: It may well be possible for there to be a

Page 32149

1 live television link established between this court and the Detention

2 Unit. If it is possible for that to be put into place, why then the

3 accused, either generally or from time to time, could, having prepared

4 witnesses or been involved in the preparation of witnesses himself in the

5 Detention Unit, remain there while the trial is conducted, witnesses being

6 called by counsel imposed and cross-examined in his effective presence

7 because the videolink or the live television link would enable him to see

8 exactly what is going on.

9 But, Your Honour, this is, I know, a proposal to which we return

10 and I know it's been rejected, but circumstances are now different. It is

11 -- we are nowhere near the position that Mr. Kay suggests, and indeed he

12 isn't suggesting that full argument can or should be addressed on that

13 today. This is a case that must be tried. The accused wishes it to be

14 tried. The way it can most conveniently and satisfactorily be tried

15 within a reasonable time limit is for there to be imposition of counsel,

16 in part at least, for the conduct of the Defence case.

17 Your Honour, I don't think I have anything else to say on that

18 topic. I have one or two other observations arising from what's happened

19 since we last met. Perhaps I can deal with those at the very end.

20 JUDGE ROBINSON: Yes. Mr. Milosevic, anything in reply?

21 Mr. Milosevic --

22 THE ACCUSED: [Interpretation] It's all right now.

23 Mr. Nice, at an earlier stage when he advocated that the shortest

24 possible time be given me for the preparation, a much shorter period of

25 time than he and his whole machinery had, presented arguments to the

Page 32150

1 effect that, as can be seen, I am functioning very effectively, therefore

2 there's no need for me to get any extension of time.

3 Well, you see, gentlemen, in the Serbian people there is a saying

4 "You can't have it both ways." I can't be working effectively and now be

5 told by Mr. Nice that I need to be imposed a Defence counsel. And this is

6 out of the question, as you know, nor will I ever agree to it.

7 As for quoting this last sentence from the report, I'm very

8 grateful for Mr. Nice for quoting it, because when Dr. van Dijkman says

9 that after a certain period of time my condition might deteriorate, only

10 confirms what I have been saying, that such a deterioration is the result

11 of your decisions not to give me enough time for my preparation, and that

12 is quite clear. Therefore, it is my opinion that you are duty-bound to

13 give me adequate time.

14 As for my opening statement, I will certainly submit it orally,

15 because, after all, I will present that opening statement on the basis of

16 my notes, not on the basis of any written document. Written documents are

17 prepared by experts, which they file. I'm entitled to make my opening

18 statement on the day that you will set, and I hope that you will take into

19 consideration at least some elementary biological and medical elements.

20 It is on that day that I will present my opening statement.

21 As for videolinks and these other suggestions, they were made

22 earlier on. They're out of the question. I am going to examine my

23 witnesses, and I will be present here in this room to attend their

24 cross-examination. I have no intention of acting in any other way, and I

25 believe that any other procedure would put me in an even more unequal

Page 32151

1 position than I am in now.

2 Therefore, you know that for months we worked normally, without

3 any interruptions, under conditions which are -- meet certain elementary

4 physical and physiological constraints. Gentlemen, you will always have

5 to decide, if you accept the doctor's recommendation that I work for three

6 days a week, that those three days should apply both for my work here in

7 the courtroom and to my interviews with witnesses. You know that on

8 innumerable times when I asked when you will give me time to read those

9 6.000 pages -- 600.000 pages, you never gave me that time, and not on the

10 basis of the way the side opposite has done for two weeks, three weeks and

11 so on. I will be far more modest, but such physical contact and direct

12 interview and talk is absolutely essential. So this, too, is part of the

13 work which has to be included in the schedule which you will determine

14 according to your own decision.

15 JUDGE ROBINSON: The Chamber will consult.

16 [Trial Chamber confers]

17 JUDGE ROBINSON: Mr. Nice, just for you briefly to mention the

18 other matters.

19 MR. NICE: Your Honour, yes. The other matters are these --

20 THE INTERPRETER: Microphone, please, Mr. Nice.

21 MR. NICE: By motion dated the 29th of June, we sought relief

22 following the accused's non-compliance with certain orders. In

23 particular, we sought production of the names of unidentified witnesses

24 within a short period of time, and we sought production of exhibits, in

25 each case inviting the Chamber to impose sanction should the accused

Page 32152

1 continue in his non-compliance with the Court order, and we would press

2 the Chamber for relief in those terms.

3 The second point simply relates to the sitting days for next week,

4 and I don't know if the Chamber has given any thought to that, but for

5 other reasons with which the Chamber is familiar, it's desirable to know

6 which, if any, days are marked for sitting next week.

7 The last point is this: The accused has provided, through the

8 legal liaison officer, a list by letter from the liaison officer of the

9 1st of July, helpfully identifying in order the first 26 witnesses.

10 Beside each witness is an estimated total period of time. We have sought

11 clarification from the liaison officer as to whether those times are for

12 examination-in-chief or whether it is intended or expected that they are

13 times for evidence overall, including cross-examination. The times are,

14 if I may say so, commendably short, and that's why we would seek

15 confirmation as to whether it is total or time only for

16 examination-in-chief. The liaison officer has been unable to help us.

17 JUDGE ROBINSON: Mr. Milosevic, can you give a clarification on

18 the last matter, whether the time that you set out, was that a time for

19 your examination-in-chief alone or a time for examination-in-chief plus

20 cross-examination and re-examination?

21 THE ACCUSED: [Interpretation] For my examination-in-chief alone.

22 But as I was unable to work, maybe I wasn't precise enough in indicating

23 the times, and I will subsequently provide certain corrections, because I

24 think that there may be some typing errors. But I will make those

25 corrections with respect to the time envisaged.

Page 32153

1 As for my efforts to be as brief as possible with witnesses, it is

2 because I would like as many witnesses as possible to be given a chance to

3 tell the truth in public and so that the public can follow what you call a

4 trial here properly.

5 And something else, Mr. Robinson. Since Mr. Kay raised the

6 question of time, in view of the time lost and in view of the doctor's

7 orders, who says that I have to have a break at least until the end of

8 this week at a minimum to avoid any unforeseen consequences, I believe

9 that the date for my opening statement should be fixed not earlier than a

10 month from now. I bear in mind that you have rejected all my arguments,

11 but in view of the current situation and in view of all the elements of

12 that situation, I feel that you should grant me this one month, including

13 the period that I will be forced to rest, and I expect that I will have to

14 continue that rest period even after this week. I don't believe I will be

15 capable of beginning with the hearing of witnesses as soon as that.

16 JUDGE ROBINSON: I did say, Mr. Milosevic, that we have taken

17 account of the Registrar's report which shows that you did not have the

18 full benefit of the time given for the preparation of your defence, and at

19 an appropriate time we will compensate you.

20 We'll take under consideration the submission that you -- that you

21 just made.

22 Mr. Nice, I am to say that the Chamber will give a ruling shortly

23 on your motions.

24 More generally, I'd like to say that the Chamber is clearly of the

25 view that the time has come for a radical review of the trial process and

Page 32154

1 the continuation of the trial in the light of the health problems of the

2 accused. We are grateful for the submissions that have been made this

3 morning from all parties.

4 [Trial Chamber confers]

5 THE ACCUSED: [Interpretation] Mr. Robinson --

6 JUDGE ROBINSON: I haven't finished, Mr. Milosevic. I was saying

7 that we will undertake a re-examination of the trial process and the

8 continuation of the trial, bearing in mind the health problems of the

9 accused, which are clearly chronic and recurrent based on the most recent

10 report from the doctor. We're going to consider these matters, and we

11 will give a ruling. We'll make an order either today or tomorrow.

12 Mr. Milosevic, Mr. Nice did raise one matter. I'll ask Judge Kwon

13 to raise it with you.

14 JUDGE KWON: Are you in the position to reply to Mr. Nice's point

15 that you haven't disclosed the full names of the witnesses? You disclosed

16 more names to the Tribunal but not to the Prosecution. Do you have any

17 say on this?

18 THE INTERPRETER: Microphone, please.

19 JUDGE KWON: Microphone, please.

20 THE ACCUSED: [Interpretation] I am acting in the identical manner

21 as the other party. The other party disclosed the names of witnesses

22 three days before they appeared sometimes. Mr. Nice has been given a

23 sufficient number of names, and you have received more than 1.400 names.

24 Therefore, what Mr. Nice has received, I believe, is sufficient for him

25 and his team. And in due course, through the liaison officer, I will tell

Page 32155

1 anyone who is interested the names of witnesses that I believe I should

2 disclose. There's no reason for me to act in any other way than they have

3 acted.


5 MR. KAY: Yes. Just to assist the Judges. In the Defence witness

6 schedule 2, the first 25 or 26 witnesses are all named, so that the Court

7 is aware of that.

8 JUDGE ROBINSON: Thank you, Mr. Kay.

9 JUDGE KWON: But the court order clearly indicated that

10 Mr. Milosevic should disclose all the names of the witnesses unless there

11 are some sensitive reasons not to disclose it.

12 MR. KAY: Yes, subject to protective measures.


14 MR. NICE: Your Honour, I would -- I adopt, of course, what His

15 Honour Judge Kwon has said. The sanction we invite the Court to impose on

16 the accused if he breaches in the flagrant way he's indicated he is

17 breaching the Court's order is to disallow him from calling witnesses he

18 does not name to the Prosecution within a further short period of time.

19 [Trial Chamber confers]

20 JUDGE ROBINSON: We'll take all these matters into consideration,

21 and we'll give the ruling which we indicated either today or tomorrow. We

22 are adjourned.

23 THE ACCUSED: [Interpretation] Mr. Robinson.

24 JUDGE ROBINSON: Mr. Milosevic, yes.

25 THE ACCUSED: [Interpretation] Just a minor point; namely, I

Page 32156

1 request that you look into why the deputy Detention Unit commander told me

2 that you had been informed this morning about the doctor's report, about

3 all the points made in that report, and that, despite that, your order was

4 that I should be brought here, though I see from what you have said that

5 you did not, in fact, receive any information about it. In fact, it would

6 appear -- and of course I believe that you're telling the truth. It would

7 appear that this report was concealed from you. So please look into the

8 matter, who concealed it and why, because in view of that report, there

9 would be absolutely no legal reasons for bringing me here today. So I

10 request that you investigate this. All this was happening within the

11 circle of your personnel, so you are in a position to establish who is

12 manipulating facts in this unacceptable manner.

13 JUDGE ROBINSON: Mr. Milosevic, there was no subterfuge, and I've

14 since been informed that the doctor who examined you this morning did so

15 on the understanding that you would be brought here for trial purposes.

16 He did not understand that you would be brought here for a hearing to deal

17 with administrative matters.

18 Nonetheless, to the extent that it is appropriate, we will await

19 any report from the doctor.

20 We are adjourned.

21 --- Whereupon the hearing adjourned at

22 12.02 p.m. sine die