Tribunal Criminal Tribunal for the Former Yugoslavia

Page 5662

 1                           Thursday, 3 July 2008

 2                           [Open session]

 3                           [The accused entered court]

 4                           [The witness entered court]

 5                         --- Upon commencing at 2.20 p.m.

 6             JUDGE ORIE:  Before we start with the present witness I have a

 7     few procedural matters.  We can deal with it rather quickly.

 8             First of all, the parties inquired why we would not be sitting on

 9     the 23rd of July.  We had to give up the courtroom for the start of the

10     Perisic trial but since now it appears that that trial has been -- the

11     start of the trial has been delayed, there's no reason not to sit on the

12     23rd.  So, therefore, the court schedule will be adapted accordingly.

13             But I should have started by asking Madam Registrar to call the

14     case.

15             THE REGISTRAR:  Good afternoon Your Honour, good afternoon,

16     everyone, this is case number IT-06-90-T, The Prosecutor versus Ante

17     Gotovina et al.

18             JUDGE ORIE:  Thank you, Madam Registrar.

19             Then we have two minor things.  First, D49, I do understand that

20     the revised translation has been uploaded by the Cermak Defence in

21     e-court and there are no objections by the Prosecution against this

22     translation.

23             MR. MARGETTS:  No, Your Honour, that is acceptable to us.

24             JUDGE ORIE:  Madam Registrar, could you please inform the Court

25     about what the status at present is of D49.

Page 5663

 1                           [Trial Chamber and registrar confer]

 2             JUDGE ORIE:  I am informed that a translation is there but has

 3     not yet been uploaded into e-court, so we'll -- it was admitted as

 4     an exhibit waiting for this translation.  So, therefore, the status

 5     remains unchanged.  That means admitted into evidence but the Cermak

 6     Defence is invited to upload the translation as soon as possible.

 7             Then we had a similar issue for P503 where there was some

 8     translation problems.  The parties, as I understand, have agreed that the

 9     original translation is an accurate translation.  That is the notebook of

10     a person, I think, that will still be called to testify.

11             MR. MARGETTS:  No, Your Honour.

12             JUDGE ORIE:  No.

13             MR. MARGETTS:  He is not listed as a witness for the Prosecution.

14             JUDGE ORIE:  So therefore I can say that it is the notebook of

15     Mr.  Zvonko Gambiroza.

16             Madam Registrar, the status of P503 was ... was already admitted

17     and now with the agreement of the parties there is no issue about that

18     anymore.

19             We have received the -- several documents listing documents that

20     were tendered from the bar table.  We'll first have a look at it before

21     we finally decide on the matter.  Then, yes.

22             MR. MARGETTS:  Your Honour, if we're dealing with the admission

23     of some documents, there's two other documents --

24                           [Technical difficulty]

25           JUDGE ORIE:  Yes, it is functioning again.  It reminds us how

Page 5664

 1     important it is to have a transcript and how much we rely on the

 2     accuracy, the usual accuracy of the transcript.  Then before -- yes,

 3     Mr. Margetts.

 4             MR. MARGETTS:  Yes, Your Honour, there were two other documents

 5     that the parties were in discussions about and that was 65 ter 5259.

 6     This document was a 16 August report from Dr. Brkic to Ante Gotovina and

 7     the parties have agreed for that document to be admitted.  And there was

 8     a second document which was P507.  The Defence have presented another

 9     version of P507, which is identical in its terms although it is a

10     different copy of the same document and it has an annex to it and we

11     agreed to the admission of that and that currently has 65 ter 5286.

12             And although it's the same document, it is a different copy of

13     the document with the annex, so it may be appropriate either for it to be

14     given an exhibit number, P507.1 or, alternatively, an entirely different

15     exhibit number.

16             JUDGE ORIE:  Do we need to keep the one that was uploaded or --

17             MR. MARGETTS:  The only reason is that the witness has refer to

18     the one that was uploaded although he didn't recognise the document and

19     there was no significance in that original version, so maybe we could

20     show him a new version and that would resolve that issue.

21             JUDGE ORIE:  Yes, I leave that to the parties whether they want

22     to show a new version of it.

23             Madam Registrar, has 65 ter 5259 already an exhibit number?  That

24     is the Brkic report.  Then, Madam Registrar, would you please.

25             THE REGISTRAR:  Yes, Your Honour, 65 ter 05259 will be Exhibit

Page 5665

 1     P543.  Thank you.

 2             JUDGE ORIE:  Thank you.  Yes, may I take it on the basis of what

 3     we heard that there's no objection against P543 and P543 is admitted in

 4     evidence and we leave P507 open for the -- or Madam Registrar, could the

 5     new version receive a dot one number?  It would mean P507.1.

 6             THE REGISTRAR:  65 ter 05286 will become Exhibit P507.1.

 7             JUDGE ORIE:  Thank you.  Then I take it there is no objection

 8     against the admission of that document.  P507.1 is admitted into evidence

 9     and I leave to the parties whether or not P507.1 should be shown to the

10     witness.

11             Then before we start, Witness P-086, I'd like to remind you that

12     you are still by the solemn declaration that you gave at the beginning of

13     your testimony.

14             We now move into private session.

15                           [Private session]

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

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11  Pages 5666-5750 redacted. Private session.















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 8   (redacted)

 9                           [Open session]

10             THE REGISTRAR:  Your Honours, we're in open session.

11             JUDGE ORIE:  Thank you, Madam Registrar.

12             Witness P-086, I would like to remind you -- I would like to

13     instruct you again that you should not speak with anyone about your

14     testimony either already given or still to be given.

15             We will adjourn until tomorrow, the 4th of July, at 9.00 in this

16     same courtroom, and, of course, we'll hope that we will be able to

17     conclude your testimony tomorrow.

18             We stand adjourned.

19                           --- Whereupon the hearing adjourned at 6.59 p.m.,

20                           to be reconvened on Friday, the 4th of July, 2008,

21                           at 9.00 a.m.