Tribunal Criminal Tribunal for the Former Yugoslavia

Page 7028

 1                           Monday, 1 March 2010

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 9.03 a.m.

 5             THE REGISTRAR:  Good morning, Your Honours.

 6             Good morning everyone in and around the courtroom.  This is case

 7     number IT-08-91-T.  The Prosecutor versus Mico Stanisic and Stojan

 8     Zupljanin.

 9             JUDGE HALL:  Thank you, Madam Registrar.  Good morning to

10     everyone.  May we begin by taking today's appearances, please.

11             MS. KORNER:  Good morning, Your Honours.  Joanna Korner,

12     Gerard Dobbyn, and Crispian Smith Case Manager for the Prosecution.

13             MR. ZECEVIC:  Good morning, Your Honours, Slobodan Zecevic,

14     Slobodan Cvijetic, and Eugene O'Sullivan appearing for Stanisic Defence

15     thing morning, thank you.

16             MR. KRGOVIC:  Good morning, Your Honour.  On behalf of

17     Zupljanin Defence, Dragan Krgovic, and Stephanie Cagnet.

18             JUDGE HALL:  We have been alerted that the Office of the

19     Prosecution has a preliminary matter to raise.

20             MS. KORNER:  Your Honour, it's only in connection with the

21     calling of this witness.  May I say, straightaway, Mr. Dobbyn is calling

22     the witness, but because I've had discussions with Mr. Zecevic about this

23     matter, I'm raising it.  As I indicated last week, we have prepared, as

24     in all the other cases for this witness, a spreadsheet which contains as

25     number of columns which Mr. Dobbyn will ask the witness to explain.  It

Page 7029

 1     also includes columns, two because it's English and in B/C/S, of the

 2     witness's comments on the context of the intercepts.  As you recall, I

 3     mentioned that last week when I dealt with the matter.  Mr. Zecevic,

 4     however, on behalf of Stanisic, and I'm assuming that he's supported by

 5     Mr. Krgovic, has taken objection to some of the comments.  And on

 6     reviewing them, I take the view that there is some force in the

 7     objections to some of the comments.

 8             Accordingly, what we propose to do is -- we can't, unfortunately,

 9     do it today, because although we tried yesterday to produce a version

10     without comments, something went wrong with the file.  For tomorrow there

11     will be a version of this spreadsheet without the witness's comments on

12     it.  And that we will ask to have admitted.  It's been, as I say, it's

13     been done on all the other case, and it's the only way, effectively, of

14     getting evidence about some 200 or so intercepts in without taking weeks

15     and weeks and weeks.  And I understand, if the columns which relate to

16     the comments are removed, there is no objection from either accused to

17     the admission of the spreadsheet.

18             Should Your Honours also -- obviously what we'll be asking for

19     after cross-examination in the normal fashion because this is a 92 ter

20     witness, is the admission of the intercepts as such.  But as far as the

21     spreadsheet is concerned, that would also be admitted.  So I hope that's

22     clear.

23             JUDGE HALL:  I suppose the basis of the Defence's objection is

24     that the comments amount to witness giving evidence out of court and

25     the -- if I understand you correctly, the way that we should then proceed

Page 7030

 1     is that the copy that you now have would be used today as a working

 2     document and notionally marked as an exhibit with the proper item coming

 3     in tomorrow when you cleaned it up.

 4             MS. KORNER:  Yes.  Your Honour, it's not -- the objection is not

 5     to comments out of court, that happens all the time and hearsay is

 6     admissible; the objection is to the nature of some of the comments.  And

 7     having reviewed, in the light of Mr. Zecevic's objection, some of those

 8     comments, as I said, I think there's some force in what he says.

 9     Although some of the comments are unobjectionable and they simply set out

10     the context as such, some are his opinion, and there I do see the force

11     of his objection.  And rather than try and sort it out between the two

12     types, we'd rather, for simplicity sake, remove the comments entirely.

13             JUDGE HALL:  I suppose the Defence has no objection to that.

14             MR. ZECEVIC:  No, Your Honours, that is what we discussed with

15     Ms. Korner before court.  Thank you.

16             JUDGE HALL:  So if the -- we are ready, the usher will escort the

17     witness into court.

18             MR. DOBBYN:  Your Honours, while the witness is being escorted

19     in, I'd just like to point out that a new list of documents was

20     circulated last night.  I just want to make sure that everyone has

21     received it.  And the only changes were that two documents were actually

22     removed from the list because they aren't actually on our 65 ter list.

23     And these were the ones, the last two documents were listed as

24     65 ter number 1991 and 3544.  So that's just those changes to the list of

25     documents to be used.

Page 7031

 1             JUDGE HALL:  Thank you.

 2             MR. DOBBYN:  And sorry, Your Honours, I'm sorry to interrupt,

 3     it's just I'm asking that we go into closed session before the witness

 4     comes into the room.

 5             JUDGE HALL:  Yes, thanks for being reminded.  So we go into

 6     closed session.

 7                           [Closed session]

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)

Page 7032











11 Pages 7032-7046 redacted. Closed session.















Page 7047

 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5   (redacted)

 6   (redacted)

 7   (redacted)

 8   (redacted)

 9   (redacted)

10   (redacted)

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23                           --- Whereupon the hearing adjourned at 9.56 a.m.,

24                           to be reconvened on Tuesday, the 2nd day

25                           of March, 2010, at 9.00 a.m.