Tribunal Criminal Tribunal for the Former Yugoslavia

Page 10992

 1                           Thursday, 3 February 2011

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 2.21 p.m.

 5             JUDGE ORIE:  Good afternoon to everyone.

 6             Mr. Registrar, would you please call the case.

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

 8     everyone.

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

10     and Franko Simatovic.  Thank you, Your Honours.

11             JUDGE ORIE:  Thank you, Mr. Registrar.

12             A few procedural matters.  I'll try to go through them as quickly

13     as possible.  First, D190, Mr. Groome, you would compare the signatures

14     and report back on any remaining issue.

15             MR. GROOME:  Your Honour, I did that and I accept Mr. Bakrac's

16     representation from where they came from and I withdraw my objection.

17             JUDGE ORIE:  Yes.  Now, where they came from, a potential witness

18     for the Defence, as I set out yesterday, plays a role in respect of

19     another -- well, quite a number of -- quite a number of exhibits which

20     the Simatovic Defence has tendered in the context of the testimony of

21     Mr. Theunens.

22             Have you formed an opinion already about the others?

23             MR. GROOME:  Your Honour, our view with respect to the others

24     remains the same.  The only representation that Mr. Bakrac made to me was

25     specifically limited to D190.  So our position remains the same.  We are

Page 10993

 1     seeking provenance information with respect to the other documents.

 2             JUDGE ORIE:  Mr. Bakrac, the source for the others, I don't know

 3     whether it's the same or not, but I would -- it might be wise to provide

 4     Mr. Groome, as soon as possible, with the relevant information because

 5     otherwise if you don't do that then there may be a risk that the

 6     Prosecution's objections would be declared to have merit and then that

 7     might have consequences for the admission into evidence.

 8             MR. BAKRAC: [Interpretation] Your Honour.

 9             JUDGE ORIE:  Yes.

10             MR. BAKRAC: [Interpretation] Your Honour, we are aware of that.

11     Thank you for drawing our attention to that.  We are on the case as we

12     speak, and we will try to come back to the Prosecution as soon as

13     possible.  And we will also inform the Trial Chamber as to what has been

14     done in this regard.

15             JUDGE ORIE:  Then another request by the Prosecution was whether

16     they could have a look at the responses, the RFA responses, that would be

17     considered yesterday during the break.  Any news on that item?  It's in

18     relation to D183 and D195.

19             MR. BAKRAC: [Interpretation] Your Honour, I checked before

20     entering the courtroom today.  I checked with my assistant, and a mistake

21     has been made by us.  One piece of evidence is an MFI submitted by the

22     Stanisic Defence and the other pertains to a witness.  In the course of

23     the first session we will inform the Prosecution in writing as to which

24     of the two pieces of evidence has been submitted for the Stanisic Defence

25     and which one pertains to a potential witness.  And it has erroneously

Page 10994

 1     been marked as having been provided in assistance to the Defence.  We

 2     will check that once again and we will inform the Prosecution in writing

 3     accordingly.

 4             JUDGE ORIE:  The line that the mistake was made by you,

 5     Mr. Bakrac, that's the one I understand best.  What then follows, we'll

 6     wait and see how the matter will be resolved.  As matters stand now,

 7     perhaps the Prosecution would then have to reconsider, in light of any

 8     new information, what the position would be in relation to D183 and D195.

 9             MR. GROOME:  Yes, Your Honour.  In order to maybe avoid the

10     Chamber wasting its time, I would propose, with my colleagues, to meet

11     either Friday or Monday and we would sit down and go over these remaining

12     issues and see if we can't resolve them.  It seems that much of it

13     involves simply communicating and trying to resolve the issues.  So I

14     would propose that maybe we can talk about it during the break.

15             JUDGE ORIE:  Well, I would say the sooner the better.  And of

16     course the Chamber encourages resolution of problems by the parties

17     themselves.

18             Next item, a different one.  Yesterday the Chamber has extended a

19     dead-line for the response to the motion for leave to amend its

20     Rule 65 ter exhibit list and for the admission of exhibits from the

21     bar table with confidential annexes; that was the one.  And the other one

22     was Defence submissions for -- in relation to a subpoena for

23     Witness JF-051.

24             The Stanisic Defence has now requested by e-mail whether they

25     could present their submissions orally next week.  You asked for two


Page 10995

 1     times ten minutes, Mr. Jordash.  It's hereby --

 2             MR. JORDASH:  Your Honour, yes.

 3             JUDGE ORIE: -- granted.

 4             MR. JORDASH:  Thank you.

 5             JUDGE ORIE:  Which, Mr. Bakrac, I take it then that the

 6     Simatovic Defence, who has not asked for an extended dead-line, sees no

 7     reason to respond; is that correctly understood?

 8             MR. BAKRAC: [Interpretation] No, Your Honour, no, Your Honour.

 9     You are absolutely right.

10             JUDGE ORIE:  So it's only Mr. Stanisic -- Mr. Jordash who will

11     address the Chamber orally on that matter.  Most likely on Monday,

12     Mr. Jordash.  Two times ten minutes.

13             MR. JORDASH:  I think we're sitting on Tuesday.  Is that --

14             JUDGE ORIE:  Oh, yes, we are sitting on Tuesday.

15             MR. JORDASH:  But I take Your Honour's point.

16             JUDGE ORIE:  The first day we are sitting next week.

17             Then the -- yes, the next item I have I'd like to deal with in

18     closed session.  We move into closed session and we'll remain in closed

19     session, I take it, for the remainder of the day.

20                           [Closed session]

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)

Page 10996











11 Pages 10996-11073 redacted. Closed session.
















Page 11074

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8                           [Open session]

 9             THE REGISTRAR:  Your Honours, we are back in open session.  Thank

10     you.

11             JUDGE ORIE:  Thank you, Mr. Registrar.

12             May I take it that the Simatovic Defence and the Prosecution have

13     made further plans for resolving matters like responses of -- to RFAs,

14     et cetera?

15             MR. GROOME:  Yes, Your Honour.

16             JUDGE ORIE:  And when we'll hear from you?

17             MR. GROOME:  We have both scheduled meetings for Monday.  I think

18     we were just still nailing down the precise time.  But everyone's agreed

19     in principle to meet on Monday.

20             JUDGE ORIE:  Yes.  Then could we hear from you before we start on

21     Tuesday?  Unless it's -- these are matters which really have to be

22     discussed in court, otherwise we'll just briefly put them on the record

23     once we have received the relevant information.

24             MR. GROOME:  The Prosecution will agree to undertake a report to

25     the Chamber about what results from those discussions, and perhaps the


Page 11075

 1     Chamber then could expeditiously deal with them during the housekeeping

 2     session.

 3             JUDGE ORIE:  Yes, we'll also consider to deal with them during

 4     the housekeeping session.

 5             We -- if there are no other matters at this moment, we'll adjourn

 6     for the day.  And we resume, Tuesday, the 8th of February, at

 7     quarter past 2.00 in this same Courtroom II.

 8                           --- Whereupon the hearing adjourned at 6.59 p.m.,

 9                           to be reconvened on Tuesday, the 8th day

10                           of February, 2011, at 2.15 p.m.