Tribunal Criminal Tribunal for the Former Yugoslavia

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1 Tuesday, 25 May 2004

2 [Motion Hearing]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 3.03 p.m.

6 JUDGE ROBINSON: Will the Registrar call the case, please.

7 THE REGISTRAR: Yes, Your Honour. Good afternoon, Your Honours.

8 This is the case number IT-03-69-PT, the Prosecutor versus

9 Jovica Stanisic.

10 JUDGE ROBINSON: And the appearances.

11 MR. GROOME: Good afternoon, Your Honour. For the Prosecution,

12 Dermot Groome, accompanied by David Re, Melissa Pack, Skye Winner and

13 Rachel Friedman.

14 JUDGE ROBINSON: Thank you.

15 MR. KNOOPS: Mr. President, for the Defence, Mr. Knoops, lead

16 counsel; Mr. Jordash, co-counsel; Stephan Karganovic, the case manager;

17 and in our midst is also Dr. Tarabar.

18 JUDGE ROBINSON: Thank you. Before the witness comes in --

19 [Trial Chamber confers]

20 JUDGE ROBINSON: I was saying that before the witness comes in, I

21 will give some rulings on applications that have been made. I have to say

22 that I detect an element of opportunism in the filings of these very late

23 applications for evidence in this case, which has been around for some

24 time. The Prosecutor has filed an application to admit the Prosecutor's

25 report in relation to the letter filed by the President to the Security

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1 Council. As the Simatovic case has already closed, it would not be right

2 to admit this, this report. And the Kostunica interview, for the same

3 reason, it would not be proper to admit this since the Simatovic case has

4 already closed.

5 In relation to the filings by the Defence, the Chamber will, as is

6 its practice, deal with these filings and the admission of particular

7 statements at the end of the case and will do so after hearing from the

8 Prosecutor on the various statements. However, in relation to the

9 application for the admission of a statement by the accused, that is

10 rejected. It is, of course, open to the accused to give evidence if he

11 wishes to do so, and in any event, counsel can address us on this matter in

12 his closing address.

13 We have set out the schedule for the hearing of these witnesses.

14 And it's half an hour for each witness, half an hour for

15 examination-in-chief, half an hour for cross-examination, and if we are to

16 get through them, we have to follow this. We have to inject some rigour

17 into it, and Mr. Knoops, I want you to bear this in mind. We have to

18 proceed judiciously, but as quickly as possible. And your witness is

19 Dr. Offermans, the first witness. Mr. Knoops.

20 MR. KNOOPS: Thank you. The Defence wants to hear Dr. Offermans.

21 JUDGE ROBINSON: Please call Dr. Offermans.

22 MR. KNOOPS: Your Honours, the Defence request to go into private

23 session.

24 JUDGE ROBINSON: For Dr. Offermans' evidence? Yes.

25 [Private session]

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13 --- Whereupon the hearing adjourned at 6.51 p.m.,

14 to be reconvened on Wednesday, the 26th day of

15 May, 2004, at 3 p.m.

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