1 Thursday, 25 August 2011
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.03 a.m.
5 JUDGE ORIE: Good morning to everyone in and around this
7 Madam Registrar, would you please call the case.
8 THE REGISTRAR: Good morning, Your Honours. Good morning to
9 everyone in and around the courtroom.
10 This is case IT-03-69-T, the Prosecutor versus Jovica Stanisic
11 and Franko Simatovic.
12 JUDGE ORIE: Thank you, Madam Registrar.
13 We turn into closed session, unless there's anything to be raised
14 prior to that. Apparently not. And could the witness be brought into
15 the courtroom, please.
16 [Closed session]
11 Pages 13635-13637 redacted. Closed session.
9 [Open session]
10 THE REGISTRAR: We're in open session, Your Honours.
11 JUDGE ORIE: Yes. Yes, Ms. Marcus.
12 MS. MARCUS: Thank you, Your Honour.
13 Just to react to Mr. Jordash's e-mail, in terms of notice, in
14 light of the next two witnesses that had been scheduled, and before we
15 heard of the Chamber's adjournment decision, we, of course, shifted very
16 significant resources over to preparing for DST-030 and DST-042.
17 When the adjournment decision came and we shifted, basically, the
18 entire team resources over to preparing for DST-030, and we were told as
19 of this week, I think a day or two ago, that we could expect to receive a
20 92 ter statement for DST-030 that would be forthcoming.
21 Now, this -- the very late notice with respect to shift to
22 DST-030 potentially not coming has certainly caused -- caused the
23 Prosecution a great deal of -- has presented significant challenges for
24 us. In addition, the order now seems to be switched because there was
25 DST-030, then there was to be 42, 64, and then 40. Now the -- and
1 everything in the order, this is the reason we confirm it, because we, of
2 course, obtain searches and conduct all kinds of other searches involving
3 other units in the order in which the witnesses are called. So it's not
4 only about our preparation; it's also about the information we gather and
5 our ability to timely disclose, et cetera.
6 So what we would like to ask for, Your Honours, is that with
7 respect to DST-040 we'd like confirmation that the witness will come next
8 week. And Mr. Jordash has said in the e-mail that he would provide a
9 92 ter statement by Saturday. We'd like to ask - unless for some reason
10 we're sitting tomorrow, which my understanding is that we're not - that
11 we receive, if possible, a 92 ter statement for DST-040 by the close of
12 business tomorrow.
13 JUDGE ORIE: Mr. Jordash, there is a request for DST-040. You
14 have some additional time, although I do not know how you would like to
15 spend it.
16 MR. JORDASH: The way in which we were proceeding was this: That
17 we have notes for this witness, we're putting it together into a
18 statement. It then has to be translated and then it has to be shown to
19 the witness and he has to check it. So what's happening today is that
20 the statement is being put together, the translation takes place
21 tomorrow. Our investigator in Belgrade will then take the witness
22 through it on Saturday before he gets on the plane in the evening, and
23 that's we indicated we would disclose it on Saturday, because we can't
24 see how we could do it any quicker.
25 JUDGE ORIE: Yes. Is there any way that you would consider
1 notes, not as the final statement of the witness but as a kind of an
2 extended 65 ter summary, and provide that to the Prosecution so that they
3 know how to ... I mean --
4 MR. JORDASH: Yes.
5 JUDGE ORIE: You changed the order at relatively short notice, if
6 I could say so.
7 MR. JORDASH: Yes.
8 JUDGE ORIE: If that would be a way to proceed, that might meet
9 some of the concerns, expressed by Ms. Marcus.
10 MR. JORDASH: We will certainly go through the notes today and
11 disclose a more detailed 65 ter summary by the end of the day. Our only
12 concern would be, obviously, that we don't put the witness into the
13 position of being cross-examined on a statement that he hasn't reviewed.
14 But we certainly appreciate the Prosecution's problems. We apologise for
15 the change of order. It is one of those things not entirely our fault.
16 It is just one of those things. But we appreciate the problem, and we
17 will disclose much more detail by the end of the day.
18 JUDGE ORIE: Is that -- does that meet some of your concerns?
19 Before the witness has seen the final version of the statement, of
20 course, I do understand the hesitation by Mr. Jordash to -- to present
21 that more or less as his statement. I take it that that's understood.
22 MS. MARCUS: Yes, we can accept it as preliminary unconfirmed
23 notes. That's not a problem. And we can take it before the translation.
24 You have it in English; is that right?
25 MR. JORDASH: Yes, that's right. That's what I mean.
1 MS. MARCUS: Right. Right.
2 MR. JORDASH: I'll go through the notes today, I'll put something
3 together by the end of the day --
4 MS. MARCUS: Right.
5 MR. JORDASH: -- and then it will be translated for the witness
6 tomorrow so he can go through it at some stage tomorrow or Saturday.
7 MS. MARCUS: Right. So we can receive it fairly soon, I assume.
8 MR. JORDASH: You will definitely receive it today.
9 MS. MARCUS: Okay. Today. Thank you. And just to add: That,
10 of course, we've committed to these deadlines for the responses to the
11 provisional release as well, so we really do appreciate any ... so we're
12 confirming that DST-040 is coming next week; is that correct?
13 MR. JORDASH: Yes.
14 MS. MARCUS: Thank you.
15 MR. JORDASH: And you will receive the notes by the end of the
17 MS. MARCUS: Thank you very much.
18 JUDGE ORIE: Ms. Marcus, you're getting the presents today.
19 We are in open session. I announced that we'll adjourn for the
20 day, due to the medical condition of the present witness, and that we
21 will resume on Wednesday, the 31st of August, 9.00 in the morning,
22 Courtroom II.
23 --- Whereupon the hearing adjourned at 9.47 a.m.,
24 to be reconvened on Wednesday, the 31st day of
25 August, 2011, at 9.00 a.m.