International Criminal Tribunal for the Former Yugoslavia

Page 8368

1 Thursday, 19 September 2002

2 [Status Conference]

3 [Open session]

4 --- Upon commencing at 5.20 p.m.

5 JUDGE SCHOMBURG: Let us very briefly take the opportunity in the

6 framework of Status Conference of about five minutes to address the

7 remaining issues.

8 We started, and now in this framework, it can be done. The Office

9 of the Prosecutor withdraw the 94 bis motion. It was accepted by the

10 Defence, and it's accepted by the Chamber. Therefore, this is declared

11 moot.

12 Then there was the request for hearing an additional witness. And

13 we wanted to hear the observations by the Defence on this issue.

14 MR. OSTOJIC: Thank you, Your Honour.

15 I raise the objection for two reasons, and I can share with the

16 Court that there may be additional reasons, although it would be

17 premature, since we did not receive from the OTP the motion that they are

18 either filing today or had filed today. But what we did receive was a

19 copy of a statement taken from a witness which they would like to call.

20 We think it's late in the procedure. We think it causes undue prejudice

21 to the Defence and Dr. Stakic specifically.

22 This witness has never been mentioned in any other proceedings

23 before, to our knowledge, and the statement itself contains a list of

24 videos that I have asked the OTP to present, which would make a complete

25 list. We do not have that list attached to the statement. I'm confident

Page 8369

1 we will get it, though. And for those reasons, and for not having the

2 motion itself, but just hearing from the OTP that it would take an hour to

3 an hour and a half, we would object and state that it's too late for them

4 now to be calling witnesses in this matter and interviewing witnesses as

5 their witness statement reflects as late as September 17th of 2002.

6 JUDGE SCHOMBURG: We have to decide on this issue when we have

7 received --

8 THE INTERPRETER: Microphone, Your Honour, please.

9 JUDGE SCHOMBURG: We will decide on this motion when we have

10 received it in writing.

11 Another point of concern, and may we therefore go for a moment in

12 private session, please.

13 [Private session]

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5 Thank you. The trial will resume as such on Monday, 9.30.

6 --- Whereupon the hearing adjourned

7 at 5.58 p.m.

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