130204ED

Page 2805

1 Monday, 4 February 2013

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 9.00 a.m.

5 JUDGE DELVOIE: Good morning to everyone in and around the

6 courtroom.

7 Mr. Registrar, could you call the case, please.

8 THE REGISTRAR: Good morning, Your Honours.

9 This is the case IT-04-75-T, the Prosecutor versus Goran Hadzic.

10 Thank you.

11 JUDGE DELVOIE: Thank you.

12 May we have the appearances, please, starting with the

13 Prosecution.

14 MR. STRINGER: Yes, good morning, Mr. President, Your Honours.

15 Douglas Stringer, Matthew Gillett and Thomas Laugel for the Prosecution.

16 JUDGE DELVOIE: Thank you.

17 Mr. Zivanovic, for the Defence.

18 MR. ZIVANOVIC: Good morning, Your Honours. For the Defence of

19 Goran Hadzic, Zoran Zivanovic, lead counsel. Thank you.

20 JUDGE DELVOIE: Thank you.

21 Before the witness is brought in, there are two -- no, even

22 three, oral rulings. First one is in private session.

23 [Private session]

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16 [Open session]

17 THE REGISTRAR: We're in open session, Your Honours. Thank you.

18 JUDGE DELVOIE: Thank you.

19 On January 24th, 2013, in its decision on the admission of

20 evidence pursuant to Rule 92 bis, the Trial Chamber denied the admission

21 into evidence of six documents tendered by the Prosecution. The Chamber

22 considered that these documents were not included on the Prosecution's

23 exhibit list. The Trial Chamber recalls, however, that it granted the

24 Prosecution leave to add these documents to its exhibit list in its

25 "Decision on Second Prosecution Motion for Leave to Amend Prosecution

Page 2807

1 Rule 65 ter Exhibit List" of 19 October 2012.

2 The Chamber further recalls its determination in the Rule 92 bis

3 decision that:

4 The documents with Rule 65 ter numbers 05857, 05858, 05859, and

5 05860, form an inseparable and indispensable part of Witness GH-149's

6 evidence; and the documents with Rule 65 ter number 06861, and 05862,

7 form an inseparable and indispensable part of Witness GH-092's evidence.

8 The Trial Chamber therefore considers that these six documents

9 are appropriate for admission pursuant to Rules 89(C) and 92 bis and

10 hereby admits them into evidence.

11 In addition, the Chamber recalls that it denied admission into

12 evidence of document with Rule 65 ter number 02513 in the Rule 92 bis

13 decision. On 25 January 2013, the Prosecution informed the Chamber that

14 it has since uploaded an English translation of the document to e-court.

15 The Defence did not object to the admission into evidence of 02513 when

16 this document was originally tendered by the Prosecution. The Chamber

17 finds that 02513 forms an inseparable and indispensable part of

18 Witness GH-077's evidence and considers that the document is appropriate

19 for admission pursuant to Rules 89(C) and 92 bis and admits the document

20 into evidence.

21 THE INTERPRETER: Interpreter's note, could you kindly slow down

22 for the record. Thank you.

23 JUDGE DELVOIE: I'm very sorry.

24 The Chamber notes that the admission of 02513 renders 02423, as

25 previously admitted, unnecessary. The Chamber therefore orders the

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1 Prosecution to substitute 02423 with 02513. The Registry shall mark

2 02423 as not admitted.

3 The Chamber instructs the Registry to take all necessary and

4 appropriate measures to implement this decision.

5 The third one is about the Prosecution's motion to supplement

6 Rule 65 ter document 06231. The Defence said they would not object to

7 the motion on the condition that the Prosecution makes an averment as to

8 the original date of the photographs.

9 Has that been done, Mr. Zivanovic? Or will it be done,

10 Mr. Stringer?

11 MR. STRINGER: Yes, Mr. President. I think virtually all of the

12 images have the date printed on them when the image was taken. I think

13 there may be just one so far that does not have the date, but we will

14 make that averment at the time that we bring up that particular image.

15 JUDGE DELVOIE: Thank you.

16 Then the motion is granted.

17 If there's nothing else, we can bring the first witness in.

18 [Trial Chamber and Registrar confer]

19 JUDGE DELVOIE: In closed session, sorry. Thank you.

20 [Closed session]

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