Tribunal Criminal Tribunal for the Former Yugoslavia

Page 3741

 1                           Monday, 22 February 2010

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 2.19 p.m.

 5             JUDGE ORIE:  Good afternoon to everyone.  Madam Registrar, would

 6     you please call the case.

 7             THE REGISTRAR:  Good afternoon, Your Honours.  This is case

 8     IT-03-69-T, the Prosecutor versus Jovica Stanisic and Franko Simatovic.

 9             JUDGE ORIE:  Thank you, Madam Registrar.

10             Judge Picard is unable to sit today for urgent reasons and Judge

11     Gwaunza and myself have considered whether it would be in the interest of

12     justice to continue the hearing today, and we concluded that it was.

13     Therefore, we'll continue to hear evidence today.  The same situation

14     will arise tomorrow.

15             Very briefly, two matters:  First, the change in the order of

16     witnesses to be called meets no objections from either of the Defence

17     teams from what I understand.  Then there is the Chamber has received an

18     urgent request from the Simatovic Defence to add two days to the

19     non-sitting days.  And could the Prosecution and the Stanisic Defence

20     give an indication as to when they want to respond to that request, if at

21     all.

22             Mr. Groome.

23             MR. GROOME:  Your Honour, I have not had a chance to review it.

24     I imagine I believe my position probably will be the same, that I will

25     defer to the Trial Chamber's discretion on the matter, but I would

Page 3742

 1     appreciate an opportunity to look at it today and perhaps by the end of

 2     today or certainly tomorrow, I could make my position known orally.

 3             JUDGE ORIE:  Yes, thank you, Mr. Groome.

 4             Mr. Jordash.

 5             MR. JORDASH:  We've read it and have no objection to the

 6     applications.

 7             JUDGE ORIE:  That's on the record and then the Chamber will

 8     consider the matter.

 9             Mr. Groome.

10             MR. GROOME:  Just with respect to the first matter that you

11     raise, I'm just here typing an e-mail with respect to B-1237.  We

12     attempted to contact him, we've just reached him and he's ill, so we will

13     not be able to schedule him tomorrow, so unfortunately we will not be

14     able to have a second witness this week.

15             JUDGE ORIE:  Yes, that is also put on the record.  The Chamber,

16     as the Prosecution will have done, of course, has appreciated the

17     flexibility of the parties in not objecting to the schedule.  Then your

18     next witness to be called will testify in closed session, Mr. Groome.

19             MR. GROOME:  That's correct, Your Honour.

20             JUDGE ORIE:  JF-010.

21             MR. GROOME:  That's correct, Your Honour.

22             JUDGE ORIE:  We move into closed session and may the witness be

23     brought into the courtroom.

24                           [Closed session]

25     (redacted)

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16                           [Open session]

17             THE REGISTRAR:  We are in open session, Your Honours.

18             JUDGE ORIE:  Thank you, Madam Registrar.  No witness for

19     tomorrow?

20             MR. GROOME:  No, Your Honour.

21             JUDGE ORIE:  Yes, as you indicated, which means that we will

22     resume on the 3rd of March, if I'm well informed.  That's the first

23     session next week in the afternoon.

24             Any procedural matter to be raised because we will not see each

25     other for well over a week?

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 1             MR. GROOME:  Not from the Prosecution, Your Honour.

 2             JUDGE ORIE:  Then, we adjourn, and we will resume on Wednesday,

 3     the 3rd of March, quarter past 2 in the afternoon, Courtroom II.

 4                           --- Whereupon the hearing adjourned at 7.00 p.m.

 5                           to be reconvened on Wednesday, the 3rd day of

 6                           March, 2010, at 2.15 p.m.