Tribunal Criminal Tribunal for the Former Yugoslavia

Page 4985

 1                           Monday, 17 May 2010

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 2.26 p.m.

 5             JUDGE ORIE:  Good afternoon to everyone.

 6             Madam Registrar, would you please call the case.

 7             THE REGISTRAR:  Good afternoon, Your Honours.

 8             Good afternoon everyone in and around the courtroom.

 9            This is the case IT-03-69-T, the Prosecutor versus Jovica Stanisic

10     and Franko Simatovic.

11             JUDGE ORIE:  Thank you, Madam Registrar.

12                           [Trial Chamber and Registrar confer]

13             JUDGE ORIE:  Not all of the technical problems have been fixed

14     yet.  I do understand that the access to exhibits in e-court still causes

15     a bit of a problem but hopefully will be fixed soon.

16             The next witness will testify in closed session.  We turn into

17     closed session.

18                           [Closed session]

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16                           [Open session]

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

18             JUDGE ORIE:  Thank you, Madam Registrar.

19             We've got five minutes left which is not enough to call the next

20     witness.

21             Mr. Groome, I don't think that that makes any sense.

22             MR. GROOME:  No, Your Honour.  But perhaps one productive thing

23     we could do now is if the Chamber will recall the Prosecution will not be

24     seeking protective measures.  We can put that before the Chamber.  I

25     don't know if there's any benefit to having any additional discussion,

Page 5072

 1     but our intention is simply to call the witness in open court, unless the

 2     Chamber instructs us otherwise.

 3             JUDGE ORIE:  No, it appears from the information we've received

 4     that the witness does not seek any protective measures and that he was

 5     very specific on that.  Under those circumstances, the witness can be

 6     called in open session.

 7             Is there any other matter one of the parties would like to raise,

 8     or would you enjoy your five free minutes?

 9             Then let me just see what I can deal with.  Has the Chamber

10     already inquired with the parties whether the Chamber can expect the

11     parties to file agreed facts which would replace the motion for the

12     admission of evidence of Witness B-1244 pursuant to Rule 92 quater?

13             MR. GROOME:  Your Honour, I don't recall that.

14             JUDGE ORIE:  I think that on the 30th of November of last year we

15     have urged the parties to come to an agreement on certain facts.  On the

16     18th of December, 2009, the parties filed then their joint report on

17     inter-parties negotiations of trial issues, but you were not directly

18     dealing with Witness B-1244.  And then nevertheless on the

19     27th of October the OTP had indicated in a correspondence between the

20     parties that it would be willing to consider agreeing to facts proposed

21     by the Defence regarding the witness's conduct during the conflict and

22     thereby that would eliminate the need to introduce evidence on that

23     matter.

24             That is why I am asking whether the parties -- whether the

25     Chamber could expect any further submissions on this matter.

Page 5073

 1             MR. GROOME:  Your Honour, could I have the overnight to refresh

 2     my recollection about this and report to the Chamber tomorrow?

 3             JUDGE ORIE:  Yes.  And at least I've spoiled at least three

 4     minutes of your five minutes.  If you would inform the Chamber about

 5     that.

 6             I have a few more procedural matters, but they would take too

 7     long to deal with now.

 8             We adjourn for the day.  And we resume tomorrow, the 18th of May,

 9     quarter past 2.00 in this same Courtroom II.

10                           --- Whereupon the hearing adjourned at 6.58 p.m.,

11                           to be reconvened on Tuesday, the 18th day of

12                           May, 2010, at 2.15 p.m.