Tribunal Criminal Tribunal for the Former Yugoslavia

Page 4555

1 Tuesday, 6 April 2004

2 [Open session]

3 --- Upon commencing at 9.08 a.m.

4 JUDGE PARKER: Good morning. The Chamber has been informed that

5 the accused is unwell today and is in need of some treatment, which is to

6 be taken care of today. The -- we hope that he is quickly assisted with

7 his difficulty, and it seems to the Chamber that there is no alternative

8 but to adjourn the hearing today, as the trial should not attempt to

9 proceed in his absence in these circumstances. So that the hearing of

10 further evidence from Admiral Jokic must be postponed until tomorrow.

11 There are some outstanding applications before the Chamber. Most

12 of them are of a nature that they are preferably heard in the presence of

13 the accused. One, however, is one which we perceive may be dealt with

14 today without the presence of the accused, that is his application in

15 respect of certain documents that he seeks for his defence from the

16 Government of Croatia. The papers that are before the Tribunal indicate

17 that there has been correspondence dating from January with that

18 government with reminders, and there has been no present response. The

19 documents sought on their face have a relevance to the proceedings, and

20 the reason for them being sought is sufficiently set out in the papers.

21 Now, this is not a matter in which formally the Prosecution has a

22 right of audience, but the Tribunal -- the Chamber may allow the

23 Prosecution to put submissions. And we would do that now, if there is

24 anything the Prosecution wishes to submit.

25 MS. SOMERS: Good morning, Your Honours. I received these

Page 4556

1 documents yesterday, and they are being discussed within the OTP right

2 now. And I was not informed that today we would be proceeding on it. The

3 understanding was that before the break. If I may ask the Chamber for an

4 opportunity to, perhaps just before evidence tomorrow unless a break is

5 taken now, but it is something I think should be discussed as to whether

6 or not OTP will take any position. And we appreciate the Chamber's

7 allowing us to have the opportunity to inform it of such.

8 JUDGE PARKER: Our concern is that this is a matter which will

9 delay the conduct of the trial or longer carry it on. Like yourselves, we

10 received the document yesterday. It's a matter which we can determine

11 without the views of the Prosecutor. If you would understand, it's

12 essentially ex parte. We wondered whether there was any obvious matter to

13 the Prosecution which ought to be weighed and considered. By the sound of

14 it, nothing has obviously struck you.

15 MS. SOMERS: No. There are certain things. The issue of -- is it

16 possible in private session, since it does make reference to certain

17 witnesses?

18 JUDGE PARKER: Yes. We'll go into private session.

19 [Private session]

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11 --- Whereupon the hearing adjourned at 9.17 a.m.

12 to be reconvened on Wednesday, the 7th day of

13 April, 2004 at 9.00 a.m.

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