1 Wednesday, 24 August 2011
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.05 a.m.
5 JUDGE ORIE: Good morning to everyone.
6 Madam Registrar, would you please call the case.
7 THE REGISTRAR: Good morning, Your Honours.
8 This is the case IT-03-69-T, The Prosecutor versus
9 Jovica Stanisic and Franko Simatovic.
10 JUDGE ORIE: Thank you, Madam Registrar.
11 If there are no procedural issues to be raised, we'll move into
12 closed session for the next witness.
13 [Closed session]
11 Pages 13553-13606 redacted. Closed session.
23 [Open session]
24 THE REGISTRAR: We're in open session, Your Honours.
25 JUDGE ORIE: Thank you, Madam Registrar.
1 Mr. Groome, I do understand that you wanted to raise a matter,
2 but before I allow you to do so, I first would like to address another
4 24th of August, motion by the Stanisic Defence, urgent request
5 for provisional release during the four-week adjournment of proceedings.
6 If I understood it well, the Stanisic Defence is seeking to frontally
7 attack some of the case law in this Tribunal.
8 Mr. Groome, in order to avoid making matters moot by the lapse of
9 time, how much time would you think you need for a response?
10 MR. GROOME: Your Honour, if I could be sent a courtesy copy of
11 the filing. I haven't seen this yet. I'll assess what it will entail,
12 and I will report to the Chamber as soon as I can.
13 JUDGE ORIE: I think the main matter is, Mr. Jordash, that you
14 argue that compelling humanitarian reasons are not required for
15 provisional release and you like to put that to -- if necessary, to the
16 Appeals Chamber --
17 MR. JORDASH: Yes.
18 JUDGE ORIE: -- if we deny that. That's the gist of the motion.
19 MR. JORDASH: It -- it's precisely that. I'm sorry that
20 Mr. Groome hasn't got a copy. I'll rectify that immediately.
21 JUDGE ORIE: Could you give us an indication, once you've read
22 it, of course, you could still adapt and say I need a week more for that,
23 but if this would be ... [Overlapping speakers]
24 MR. GROOME: [Overlapping speakers] ... commit to a response at
25 this state, not having seen it, to a week, and if there is any change to
1 that, could be less, once I've can seen it.
2 JUDGE ORIE: Yes, if you could especially consider to expedite
3 it, to the extent possible, because otherwise we end up in situations,
4 which I really want to avoid, is that it's by the lapse of time that
5 matters cannot be effective anymore, whether the Chamber would grant the
6 motion or not is a different matter; but especially if the Chamber would
7 not grant it, and if Mr. Jordash would like to take the matter to an
8 appeal, then, of course, time is running out very quickly.
9 MR. GROOME: Yes. And can I perhaps inquire if the Simatovic
10 Defence is standing to make a similar --
11 JUDGE ORIE: I would not be surprised. But let's hear from
12 Mr. Bakrac.
13 MR. BAKRAC: [Interpretation] Your Honours, I wanted to add that
14 now you that we're speaking of deadlines, we will file today our motion
15 following the principle used by Mr. Jordash so that the OTP has that in
16 mind as well when planning their response.
17 JUDGE ORIE: Yes. I see that this is an provisional commitment
18 to one week. Today, it's Wednesday.
19 Mr. Groome, could I invite you to consider to file a response not
20 later than by Monday, noon. Again, this is an invitation to consider.
21 MR. GROOME: Yes -- no, Your Honour, I can commit to that. It
22 may spoil my weekend plans, but I'll commit to that.
23 JUDGE ORIE: Yes. That is part of our fate now and then. At the
24 same time, let's not forget that what is at stake is perhaps spoiling
25 days for one of the accused. So, therefore, I think that's part of our
1 job, although I would not claim that I'm the master over your weekends.
2 Then you would like to raise a matter, or Ms. Marcus.
3 MR. GROOME: Well, Ms. Marcus is going raise that matter.
4 Could I just ask that courtesy copies be sent as soon as possible
5 since -- if the time really is of the essence.
6 [Trial Chamber and Registrar confer]
7 JUDGE ORIE: It's filed already so apparently you most likely
8 have it already in your e-mail.
9 Ms. Marcus.
10 MS. MARCUS: Can I request private session, please.
11 JUDGE ORIE: We move into -- private or closed.
12 MS. MARCUS: Closed.
13 MR. JORDASH: Sorry, Your Honour, could I just address you for a
14 very briefly moment in open session about a different subject. I thought
15 we might remain in open session, so it's really --
16 JUDGE ORIE: Ms. Marcus, if you wouldn't mind giving priority at
17 this moment to Mr. Jordash.
18 MS. MARCUS: No problem.
19 JUDGE ORIE: Please proceed.
20 MR. JORDASH: Thank you. It is really in relation to the medical
21 report of this week, dated the 23rd of August, 2011. I presume that
22 Your Honours have seen it.
23 JUDGE ORIE: The language is slightly different. I find the word
24 "strictly" where that didn't appear earlier, for example.
25 MR. JORDASH: Yes, and I find myself in a rather unusual
1 situation in that my instructions are to -- Mr. Stanisic wants to
2 continue but the medical evidence suggests that he shouldn't. And all I
3 can do, I think, at this stage is to identify, if it's necessary, which
4 it probably isn't, the medical report, and express perhaps my own concern
5 about Mr. Stanisic and the affect of four days a week. I now leave it at
6 that, if I may.
7 JUDGE ORIE: Yes, you may.
8 We will then now proceed and turn into closed session.
9 [Closed session]
11 Pages 13612-13632 redacted. Closed session.
2 [Open session]
3 THE REGISTRAR: We're in open session, Your Honours.
4 JUDGE ORIE: Thank you, Madam Registrar.
5 We adjourn for the day, and we'll resume tomorrow, Thursday, the
6 25th of August, at 9.00 in the morning, in this same courtroom, II.
7 --- Whereupon the hearing adjourned at 1.51 p.m.,
8 to be reconvened on Thursday, the 25th day of
9 August, 2011, at 9.00 a.m.