Tribunal Criminal Tribunal for the Former Yugoslavia

Page 17212

1 Friday, 11 March 2005

2 [Open session]

3 --- Upon commencing at 9.30 a.m.

4 [The accused entered court]

5 JUDGE ANTONETTI: [Interpretation] Mr. Registrar, will you call the

6 case, please.

7 THE REGISTRAR: [Interpretation] Case number IT-01-47-T, the

8 Prosecutor versus Enver Hadzihasanovic and Amir Kubura.

9 JUDGE ANTONETTI: [Interpretation] The appearances for the

10 Prosecution, please.

11 MR. MUNDIS: Thank you, Mr. President. Good morning, Your

12 Honours, counsel, and everyone in and around the courtroom. For the

13 Prosecution, Matthias Neuner and Daryl Mundis, assisted by Andres Vatter,

14 our case manager. Thank you.

15 JUDGE ANTONETTI: [Interpretation] And for the Defence, please?

16 MS. RESIDOVIC: [Interpretation] Good morning, Mr. President. Good

17 morning, Your Honours. On behalf of General Enver Hadzihasanovic, Edina

18 Residovic, counsel, Stefane Bourgon, co-counsel. Thank you.

19 MR. IBRISIMOVIC: [Interpretation] Good morning, Your Honours. On

20 behalf of Mr. Kubura, Rodney Dixon, Fahrudin Ibrisimovic, and Nermin

21 Mulalic, legal assistant.

22 JUDGE ANTONETTI: [Interpretation] On behalf of the Chamber, I bid

23 a good morning to all those present. We have had a half-hour delay due to

24 a technical problem, that is, electricity, so we are half an hour late.

25 Yesterday, I said that the Prosecution would have the same amount

Page 17213

1 of time as the Defence. I don't know whether we'll be able to finish work

2 at a quarter to two. Should we fail to do so, the Chamber is ready to

3 continue the hearing this afternoon in courtroom III, because in courtroom

4 II, there's another case. I understand that the witness is unable to

5 stay, he has to go back; therefore, we have to finish with him today.

6 If we go to the essential questions, and if we all make an effort,

7 I think it is possible. We'll see anyway.

8 So we'll now go into closed session. As there are no blinds, the

9 point is that no one should enter the gallery.

10 [Trial Chamber and legal officer confer]

11 [Closed session]

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21 [Open session]

22 THE REGISTRAR: [Interpretation] We are in open session, Mr.

23 President.

24 I'm looking at the Defence. Without giving me the names of the

25 witnesses, do we have the witnesses for the whole of next week, starting

Page 17290

1 with Monday?

2 MS. RESIDOVIC: [Interpretation] Yes, we do have witnesses as

3 planned, and with the exception of those that the Court is aware are

4 confidential, we plan to finish on Wednesday, and then we have the expert

5 witness and the witness that we referred to in private session. Thank

6 you.

7 JUDGE ANTONETTI: [Interpretation] Thank you.

8 Mr. Mundis.

9 MR. MUNDIS: Very quickly, Mr. President. There may be some

10 issues with respect to the Rule 92 bis witnesses as well. As I have

11 informed my learned colleagues, there may be one or two of those that we

12 would seek leave to brought here for purposes of cross-examination, and

13 that might be possible towards the end of next week. But we'll discuss

14 this -- continue our discussions with the Defence.

15 MS. RESIDOVIC: [Interpretation] Yes. We are discussing the matter

16 with our colleagues. They have told us what our position is with respect

17 to three witnesses, and they still have to tell us what their opinion is

18 about another two witnesses. And I hope to have that information on

19 Monday.

20 JUDGE ANTONETTI: [Interpretation] Very well. We will deal with

21 the question of documents at the beginning of the hearing on Monday, and

22 then I'll give you the floor for you to give us the schedule until the end

23 of your case.

24 So I thank you and ask you to be back here for the hearing that

25 will begin at 2.15. Thank you.

Page 17291

1 --- Whereupon the hearing adjourned at 1.48 p.m.,

2 to be reconvened on Monday, the 14th day of March,

3 2005, at 2.15 p.m.

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