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
9 JUDGE HALL
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
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
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
23 JUDGE HALL
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
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
14 MR. ZECEVIC: No, Your Honours, that is what we discussed with
15 Ms. Korner before court. Thank you.
16 JUDGE HALL
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.
1 JUDGE HALL
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
6 closed session.
7 [Closed session]
11 Pages 7032-7046 redacted. Closed session.
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.