Tribunal Criminal Tribunal for the Former Yugoslavia

Page 8738

1 Tuesday, 23 July 2002

2 [Open session]

3 --- Upon commencing at 3.29 p.m.

4 [The accused entered court]

5 JUDGE AGIUS: Yes. Could you call the case, please,

6 Madam Registrar.

7 THE REGISTRAR: Yes, Your Honour. This is the case number,

8 IT-99-36-T, the Prosecutor versus Radoslav Brdjanin and Momir Talic.

9 JUDGE AGIUS: Mr. Brdjanin, good afternoon to you. Can you hear

10 me in a language that you can understand?

11 THE ACCUSED BRDJANIN: [Interpretation] Good afternoon, Your

12 Honours. I can hear you and I understand you.

13 JUDGE AGIUS: I thank you. And good afternoon to you.

14 General Talic, good afternoon to you, too. Can you hear me in a

15 language that you can understand?

16 THE ACCUSED TALIC: [Interpretation] Good afternoon, Your Honours.

17 I can hear you in a language that I understand.

18 JUDGE AGIUS: I thank you. Good afternoon to you.

19 Appearance for the Prosecution.

20 MS. KORNER: Joanna Korner, assisted by Denise Gustin, case

21 manager. Mr. Cayley will be here. He's just been marginally delayed.

22 And good afternoon, Your Honours.

23 JUDGE AGIUS: I thank you. And I hope not for the same reasons

24 that I was delayed for the previous case.

25 MS. KORNER: No.

Page 8739

1 JUDGE AGIUS: Appearances for Mr. Brdjanin.

2 MR. ACKERMAN: Good afternoon, Your Honours. I'm John Ackerman.

3 I'm here with Milan Trbojevic and Marela Jevtovic. Thank you.

4 JUDGE AGIUS: I thank you. And good afternoon to you.

5 Appearances for General Talic.

6 MR. ZECEVIC: Good afternoon, Your Honours. Slobodan Zecevic and

7 Natasha Ivanovic-Fauveau for General Talic.

8 JUDGE AGIUS: And good afternoon to you.

9 So any preliminaries? Yes, Ms. Korner.

10 MS. KORNER: Your Honour, regrettably it's to do with the witness

11 we'd lined up from Kljuc. Only yesterday when the lawyer Mr. Nicholls was

12 going through the statement did he realise that there are probably a

13 number of documents that this witness may be able to deal with. But in

14 order for that to happen, he's going to have to come and look at them.

15 It's unlikely that any further statement could be completed in sufficient

16 time to give it -- he's only supposed to be arriving today. I'm sorry.

17 I'll start that again. It's unlikely that any further statement could be

18 completed in sufficient time for the Defence to realise what he was going

19 to cover. That's the first thing.

20 The second is this: That Mr. Cayley, I know, has a certain amount

21 of re-examination. And there was -- there's a real likelihood that the

22 witness wouldn't be completed before the break.

23 So Your Honour, I'm very sorry. It means that in theory, part of

24 Thursday, depending on how long Mr. Ackerman is, and Friday there won't be

25 a witness. I'll leave my proposition as to what should happen to a later

Page 8740

1 stage when we see how far we get. But Your Honour, I do -- normally --

2 and I'm --

3 JUDGE AGIUS: I understand, Ms. Korner. I know how much dedicated

4 you all are. So I am full of understanding.

5 MS. KORNER: Well, Your Honour, I regret it more than most,

6 because as everyone is aware, I'm the one who's been trying to say, "Let's

7 sit. Let's sit." But occasionally every now and again these things

8 happen.

9 JUDGE AGIUS: No, I understand. Anyone who has trial experience

10 knows that these things happen. Anyway, we'll deal with it as we go

11 along. I mean, we're still not finished the first of two

12 cross-examinations, in any case. And I would prefer this to take place

13 the way you have described it now, rather than bring over the witness and

14 cause a rift and a lot of friction with the Defence, which would be

15 uncalled for in the first place. So this -- if this was unavoidable, I

16 mean, I have --

17 Yes, Mr. Ackerman.

18 MR. ACKERMAN: Just to sort of even things out, Your Honour, we

19 were going to suggest to you at the beginning of this session that having

20 looked at the materials provided on the witness, that it was very unlikely

21 that we would be able to finish our cross-examination of the witness by

22 close of business Friday. So I think it's wise that he not be brought

23 here.

24 JUDGE AGIUS: I see. Okay. Thank you, Mr. Ackerman.

25 Okay. So let's draw the curtains down. We'll go into closed

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9 --- Whereupon the hearing adjourned

10 at 6.37 p.m., to be reconvened on Wednesday,

11 the 24th day of July, 2002, at 2.15 p.m.