Page 6806
1 Wednesday, 10 July 2013
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.01 a.m.
5 JUDGE DELVOIE: Good morning to everyone in and around the
6 courtroom.
7 Madam 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 JUDGE DELVOIE: Thank you very much.
11 Could we have the appearances, please, starting with the
12 Prosecution.
13 MR. STRINGER: Good morning, Mr. President, Your Honours.
14 For the Prosecution, Douglas Stringer, Matthew Olmsted,
15 Sarah Clanton, Thomas Laugel, and Morvarid Bagheri.
16 JUDGE DELVOIE: Thank you.
17 For the Defence, Mr. Zivanovic.
18 MR. ZIVANOVIC: Good morning, Your Honours. For the Defence of
19 Goran Hadzic, Zoran Zivanovic and Christopher Gosnell. Thank you.
20 JUDGE DELVOIE: Thank you.
21 Before we go into closed session -- is it closed session for the
22 next witness? I'm not sure. Yes, it is.
23 MR. OLMSTED: Yes.
24 JUDGE DELVOIE: Before we go into closed session there is an oral
25 ruling that we could deliver.
Page 6807
1 On 17 June 2013 the Defence filed motion for reconsideration of
2 the Trial Chamber's decision on 12 June to admit into evidence three
3 newspaper articles through Witness GH-026.
4 In its response, the Prosecution opposes the motion, arguing that
5 the Defence has established no error on the part of the chamber in
6 exercising its discretion to admitted exhibits. The Prosecution also
7 argues that the newspaper articles are not unreliable as evidence.
8 In its reply, the Defence reiterates its arguments that the
9 newspaper articles are unreliable as evidence and should not be admitted.
10 A Chamber has the discretion to reconsider a previous
11 interlocutory decision in exceptional cases if a clear error of reasoning
12 has been demonstrated or if it is necessary to do so to prevent an
13 injustice. Particular circumstances justifying reconsideration include
14 new facts or new arguments.
15 The Trial Chamber decided to admit each of the three newspaper
16 articles after the parties had had a full opportunity to make submissions
17 on whether they should be admitted. In the motion, the Defence fails to
18 demonstrate any error of reasoning on the part of the Chamber, nor has
19 the Defence convinced the Chamber that it is necessary to reconsider the
20 decision in order to prevent an injustice.
21 The Trial Chamber recalls that the three newspaper articles are
22 items of documentary hearsay evidence. The Chamber assures the parties -
23 and especially the Defence - that, when deciding what weight to give to
24 this evidence, it will take into account the circumstances under which
25 the evidence arose and will consider the context and character of the
Page 6808
1 evidence in question. In particular, the extent to which the witness was
2 able to comment on the articles will be taken into account when the
3 Chamber is considering the weight to attributed to these exhibits in
4 light of the totality of the evidence on the record of the proceedings.
5 For these reasons, the Defence is granted leave to file and a
6 reply and the motion is denied.
7 Madam Registrar, can we go into closed session, please.
8 MR. STRINGER: Excuse me, Mr. President, before we do that, the
9 Prosecution had one very brief matter to raise.
10 JUDGE DELVOIE: Yes, indeed. Sorry.
11 MR. STRINGER: However, I think we should go into private session
12 for that, if I --
13 JUDGE DELVOIE: Private session please.
14 [Private session]
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23 [Closed session]
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24 --- Whereupon the hearing adjourned at 2.00 p.m.,
25 to be reconvened on Thursday, the 11th day of July,
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