Tribunal Criminal Tribunal for the Former Yugoslavia

Page 8300

1 Friday, 30 November 2007

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 9.50 a.m.

5 JUDGE PARKER: Good morning.

6 The Chamber has been delayed coming into court this morning

7 because of news that the witness is not well, and is, in fact, receiving

8 medical examination and treatment in hospital at the present time.

9 For that reason, it will be necessary to adjourn today, and we

10 have, at the moment, no information as to whether the witness will be

11 available on Monday to continue with evidence. That will just have to

12 await medical evaluation and time.

13 Can I indicate, looking ahead, that if it proves to be the case

14 that the witness is available next week and can continue, that it seems,

15 with our timetable, that it will be necessary to have Mr. Mettraux

16 cross-examine, because the timetable seems to be that we would need

17 Tuesday and Wednesday to be sure of completing the evidence of the

18 witness.

19 As you know, we had hoped to avoid that and tried to ensure that

20 we did avoid it, but this development puts that in question.

21 We are assuming, in making that observation, that the time

22 estimates indicated by counsel are still generally applicable because

23 there was a time estimate of some five sitting days to deal with this

24 witness.

25 In the absence of some radical revision of that timetable, we

Page 8301

1 therefore would anticipate requiring most of next week to complete the

2 evidence of there witness.

3 I'm sorry about both the news of the witness's present condition

4 and the prospect that that offers for our future sitting in the case. For

5 the moment, we can do no more but wait on reports and advice as to the

6 condition of the witness. So it would seem that we must adjourn until

7 Monday; and on Monday, we will hopefully have some more reliable

8 information and can make firm decisions about the course of the week.

9 Ms. Residovic.

10 MS. RESIDOVIC: [Interpretation] Your Honours, I wouldn't like to

11 repeat the reasons that I mentioned before, because I believe that the

12 counsel -- the Chamber understood this well. In order to ensure complete

13 functioning of the Defence of Mr. Boskoski, I would like to ask the

14 Chamber, if it's possible, to plan the session of the trial, on Tuesday

15 and Wednesday in the afternoon. I would participate at the session of the

16 Chamber.

17 JUDGE PARKER: That is encouraging, Ms. Residovic. I understand

18 you to be saying that it could be possible for to you be here in this

19 trial on the afternoon of Tuesday and of Wednesday. I'm sure we will be

20 able to arrange that, if it comes to that.

21 MS. RESIDOVIC: [Interpretation] I would also like to ask you, if

22 it is possible, to start at 3.00 p.m., in order to have an hour period for

23 preparations after the Appellate Court session.

24 JUDGE PARKER: Well, thank you for that indication. I would

25 imagine that will be feasible, but we can't make final decisions until we

Page 8302

1 know on Monday exactly what the situation with the witness is. If it is

2 that he is able to give evidence during next week, I would hope it will be

3 possible to accommodate the cross-examination by you in the afternoons of

4 Tuesday and Wednesday. We will continue to do --

5 MS. RESIDOVIC: [Interpretation] Thank you.

6 JUDGE PARKER: -- what we can to enable that to happen.

7 Thank you, Ms. Residovic.

8 MS. RESIDOVIC: [Interpretation] Thank you.

9 JUDGE PARKER: Perhaps, Mr. Saxon, are you able to indicate how

10 long you would think you would need more with the witness?

11 MR. SAXON: Your Honour, the Prosecution, so far, has taken around

12 two hours and 40 minutes. We had originally estimated, in our submissions

13 of the 12th of July, six hours and three quarters for this witness. I

14 don't believe we will need all of that time. I'm hopeful that, in two

15 full sessions, I could finish with this witness, perhaps another three

16 hours.

17 JUDGE PARKER: Thank you.

18 MR. SAXON: And possibly less, Your Honour.

19 JUDGE PARKER: I was about to say that I think it will be

20 possible, both for yourself and for Ms. Residovic and Mr. Apostolski, to

21 concentrate on the significant issues with this witness, and by that means

22 ensure that we will be able to complete his evidence, assuming he is well

23 enough to be able to continue, that we'll be able to finish his evidence

24 in the course of the week, with the cooperation of counsel.

25 The Chamber will do all it can to enable that to be done and to

Page 8303

1 enable Ms. Residovic to meet her other commitment as well.

2 Well, thank you all for that indication and that assistance. We

3 must now adjourn for the day, resume on Monday at 9.30.

4 --- Whereupon the hearing adjourned at 9.59 a.m.,

5 to be reconvened on Monday, the 3rd day of

6 December, 2007, at 9.30 a.m.