Tribunal Criminal Tribunal for the Former Yugoslavia

Page 35811

1 Tuesday, 1 February 2005

2 [Open session]

3 --- Upon commencing at 9.13 a.m.

4 JUDGE ROBINSON: As you can see, Mr. Nice and Mr. Kay, we are

5 without the accused. The court registrar just informed us that she has

6 received a report from the Detention Unit that the accused is ill with the

7 flu. The doctor will submit a report by fax later today giving us further

8 details about his condition and the number of days for which he will have

9 to be absent from court. When that happens, the Chamber will issue an

10 order as to the resumption of the trial. We'll do at that later today.

11 MR. NICE: We are much obliged. The only administrative issue

12 that follows from that and is one I was going to raise in any event and

13 have mentioned to Ms. Anoya, is that I dare say with the rescheduling of

14 court sitting days there may be some interruption or disturbance of the

15 present arrangements for the conclusion of the evidence of Balevic and for

16 the next witness.

17 We've also been having some difficulties because it hasn't been

18 possible thus far for the Defence to meet the spirit of the order that

19 suggested we should have roughly the next 50 witnesses in rough order in

20 which they were called because they haven't been put in such an order, and

21 we would request through the Chamber to be kept informed not only of any

22 particular changes in witness order consequent on the ill health of the

23 accused but generally for compliance with that order which said a rough

24 order of 50 forthcoming witnesses.

25 JUDGE ROBINSON: We will ensure that the accused complies with

Page 35812

1 that.

2 MR. KAY: Yes. Doing a list of 50 as to a likely running order is

3 very difficult, of course, because we're not on the territory of the place

4 where most witnesses come from, and I hope the Court understands that, as

5 I'm sure it will from its own experience, and things change and people

6 drop out, and then the passages of time that witnesses can be fitted into

7 a schedule have a material effect on that list.

8 So I make that point so that there is an understanding of some of

9 the difficulties faced in dealing with a running order of 50 witnesses.

10 JUDGE ROBINSON: The Court has a good understanding of the

11 difficulties faced not only by the accused but which are also faced by the

12 Prosecution in getting witnesses, and we will take due account of those

13 difficulties.

14 MR. KAY: Thank you.

15 JUDGE ROBINSON: We are adjourned.

16 --- Whereupon the hearing adjourned sine die

17 at 9.17 a.m.