Tribunal Criminal Tribunal for the Former Yugoslavia

Page 571

1 Monday, 30th August, 1999

2 [Open session]

3 [The appellant entered court]

4 --- Proceedings commenced at 3:20 p.m.

5 JUDGE SHAHABUDDEEN: I would now merely avail

6 myself of the opportunity to ask Mr. Vujin, who I

7 believe is now present, whether he would consent to a

8 replacement judge being appointed in the contempt

9 matter.

10 MR. CLEGG: I think it's probably appropriate

11 for my co-counsel to leave at this stage, I think,

12 technically. I think Mr. Keegan is nodding.

13 JUDGE SHAHABUDDEEN: No objections whatever

14 from the bench? I just thought that it might be

15 physically possible for you to remain.

16 MR. CLEGG: I will certainly remain.

17 JUDGE SHAHABUDDEEN: No, it's not required at

18 all.

19 MR. CLEGG: I'm grateful.

20 JUDGE SHAHABUDDEEN: You're fully at liberty

21 to make your exit at this point.

22 Yes. I'm reminded by Mr. Hocking that it

23 would be appropriate for us to invite in Mr. Abell as

24 well.

25 Mr. Clegg, you’re quite free to leave.

Page 572

1 MR. CLEGG: Along with Mr. Livingston, I

2 thought. Probably he would want to leave, but I'm

3 prepared to stay out of interest --

4 JUDGE SHAHABUDDEEN: Is Mr. Livingston with

5 you?

6 MR. CLEGG: Yes.

7 JUDGE SHAHABUDDEEN: Then he also has

8 permission to leave.

9 MR. CLEGG: Right.

10 JUDGE SHAHABUDDEEN: We're glad to see

11 Mr. Vujin and Mr. Domazet. We are awaiting the

12 presence of Mr. Abell.

13 Mr. Vujin, Mr. Domazet, the bench is a little

14 truncate this afternoon. Unfortunately, one of our

15 members, Judge Wang, is not well and this accounts for

16 the shape of the bench this afternoon. It also

17 accounts for the rather informal ways, in many

18 respects, in which we have been proceeding this

19 afternoon.

20 We've come now -- it's half past three -- to

21 the matter in which Mr. Vujin is involved, and the

22 position is that we find that we cannot proceed because

23 of the absence of Judge Wang.

24 The President, with whom we have spoken, is

25 willing to appoint a replacement Judge to continue with

Page 573

1 the case but that would require the consent of parties,

2 we think, or at least it would be prudent to obtain the

3 consent of the parties. There are no parties stricto

4 sensu, except perhaps in the case of Mr. Vujin.

5 Mr. Vujin, in your absence and because of the

6 informal nature of the course which the proceedings

7 have taken, we have obtained the consent of Mr. Abell,

8 speaking on behalf of Mr. Tadic, and of the Prosecution

9 to a replacement Judge being appointed in the case in

10 which you are involved, but the President cannot

11 proceed to do so without the consent of all parties.

12 So we're asking whether you would also consent to that

13 being done.

14 MR. VUJIN: Yes, Your Honour. You have my

15 agreement on that. Yes, Your Honour, you do have my

16 agreement. I consent to the replacement.

17 JUDGE SHAHABUDDEEN: Mr. Vujin, I did not

18 have the mechanism properly adjusted, and so I did not

19 hear correctly what you said, but I'm reading it off

20 the transcript. You have expressed your agreement; is

21 that correct?

22 MR. VUJIN: Yes, Your Honour.

23 JUDGE SHAHABUDDEEN: Thank you very much. We

24 will report accordingly to the President.

25 We will suggest this course, that the Court

Page 574

1 meets tomorrow, hopefully with a replacement judge, at

2 a time which I will indicate to you in a moment.

3 [Trial Chamber confers]

4 JUDGE SHAHABUDDEEN: I have conferred with my

5 colleagues on the bench, and I propose that we assemble

6 at 10.00 in the morning.

7 Mr. Clegg?

8 MR. CLEGG: As all parties are here in the

9 contempt hearing, can I merely raise the question of

10 the motion that I have made in relation to those

11 proceedings and ask whether it be convenient to deal

12 with that hopefully at 10.00 tomorrow morning? I don't

13 think it can be dealt with by the four judges today.

14 JUDGE SHAHABUDDEEN: Yes. That's a motion in

15 the contempt matter --

16 MR. CLEGG: Yes.

17 JUDGE SHAHABUDDEEN: -- or in the appeal

18 matter proper?

19 MR. CLEGG: I'm afraid I get the dividing

20 line between the two a bit confused. It's a motion

21 that affects the presence of Witness D --

22 JUDGE SHAHABUDDEEN: You want a certain

23 witness to be present in court?

24 MR. CLEGG: Yes.


Page 575

1 MR. CLEGG: So it seems to me that that is a

2 matter that ought to be decided in --

3 JUDGE SHAHABUDDEEN: You would like to have

4 that discussed in the morning at 10.00?

5 MR. CLEGG: Yes.


7 agreeable.

8 MR. CLEGG: I'm grateful.

9 JUDGE SHAHABUDDEEN: If there is no other

10 business, the Chamber will now stand adjourned until

11 10.00 tomorrow.

12 --- Whereupon the hearing adjourned at

13 3.34 p.m., to be reconvened on Tuesday,

14 the 31st day of August, 1999, at

15 10 a.m.