Tribunal Criminal Tribunal for the Former Yugoslavia

Page 1

1 Thursday, 23 June 2005

2 [Pre-Defence Conference]

3 [The accused entered court]

4 --- Upon commencing at 2.17 p.m.

5 JUDGE LIU: Call the case, please, Mr. Court Deputy.

6 THE REGISTRAR: Good afternoon, Your Honours. This is case

7 number IT-01-48-T, the Prosecutor versus Sefer Halilovic.

8 JUDGE LIU: Thank you very much. Good afternoon, ladies and

9 gentlemen. Welcome back to this trial, and for the sake of the record,

10 could we have the appearances, please. For the Prosecution?

11 MR. WEINER: Yes, good afternoon, Your Honours forks for the

12 Prosecution, Philip Weiner, Sureta Chana, David Re, Manoj Sachdeva and

13 trial manager Sandra D'Angelo.

14 JUDGE LIU: Thank you very much. And for the Defence?

15 MR. MORRISSEY: Thank you, Your Honour. My name is Peter

16 Morrissey, I'm appearing for Mr. Halilovic in this matter with co-counsel

17 Guenael Mettraux and also present in court are legal assistant Amir

18 Cengic and investigator Medina Delalic.

19 JUDGE LIU: Thank you very much. Mr. Halilovic, can you hear the

20 proceedings in a language you understand?

21 THE ACCUSED: [Interpretation] Yes, I can, Your Honour.

22 JUDGE LIU: Thank you very much. If there is any problem, you

23 may raise it at any time during the proceedings.

24 THE ACCUSED: [Interpretation] By all means, Your Honour, thank

25 you.

Page 2

1 JUDGE LIU: Thank you very much. You may sit down, please.

2 Before we start, I would like to welcome Judge Mumba to be on

3 board with us, who was assigned to the present case pursuant to Rule 15

4 bis(C) on the 31 May 2005, after Judge Szenasi's resignation. Judge

5 Mumba has already informed us that she has familiarised herself with the

6 record of the proceedings. I believe that we are very fortunate to have

7 Judge Mumba with us and she is a very experienced judge in this Tribunal.

8 Now I will turn to Judge Mumba.

9 JUDGE MUMBA: Thank you, Mr. President, for your kind words. I'm

10 glad to be here so that the trial can continue. I've been fortunate

11 enough for the Tribunal in that they have been able to hire a machine to

12 allow me to view the tapes of all witnesses for the Prosecution so as I'm

13 ready -- I am ready as can be so I'll be able to follow the Defence case.

14 Thank you, Mr. President.

15 JUDGE LIU: Thank you. Well, this is a Pre-Defence Conference in

16 accordance are Rule 73 ter. The Prosecution closed its case on the 2nd

17 of June 2005. The Defence filed its 65 ter list of the prospective

18 witnesses and exhibits on the 17th June. On the 22nd June, a 65 ter

19 conference was held in order to have preliminary discussions in the

20 preparation of the Defence case.

21 The Defence was requested to review its 65 ter witness list with

22 the aim to shorten it and to decide whether to call all the proposed

23 witnesses as live witnesses or to ask for their evidence to be admitted

24 pursuant to Rule 92 bis. According to our original plan, the Defence

25 case is going to start tomorrow on the 24th June, with the opening

Page 3

1 statement of the Defence. The first Defence witness will be heard next

2 Monday, 27 June.

3 The Defence has filed an amended list of proposed witnesses by

4 today, 23 June, whereby seeking leave for the Trial Chamber to withdraw

5 14 witnesses from its list, adding one new witness. Altogether, the

6 Defence now proposes 30 witnesses, of which 7 are proposed live

7 witnesses; 20, 92 bis witnesses, and two witnesses where the Defence have

8 not decided yet whether to call them live or propose them as 92 bis

9 witnesses.

10 At this stage, are there any matters that the parties would like

11 to respond to? Yes, Mr. Morrissey?

12 MR. MORRISSEY: Yes, thank you very much, Your Honour. Your

13 Honour, it's perhaps just to put a couple of matters on record, there was

14 a conference as you indicated yesterday and that was a helpful conference

15 and the Defence has in response to suggestions made and to further work

16 done by us, has -- have now produced the witness list that's proposed

17 here and which we seek to proceed with.

18 I wish to indicate that it's proposed to make a decision

19 concerning the two undecided persons on that list very shortly.

20 Conversations must be had with both. That will be done and I expect and

21 hope to be able to advise the Prosecutors about that either over the

22 weekend or at the latest on Monday. And of course we'll advise the

23 Tribunal as soon as we know concerning those ones there.

24 Your Honours, as to the timing of this -- of the Defence case,

25 currently the live witnesses on that list are seven. The third witness

Page 4

1 named on that list was the subject of some discussion yesterday and it is

2 fair to say that there remains the possibility that that witness would

3 not be called but there needs to be some further discussions about it.

4 Therefore, the proposal is, Your Honour, in terms of the progress of the

5 Defence case, is that the order in which the witnesses would be called is

6 Witness Number 1, first of all, followed then by Witness Number 7, and

7 should witness -- the undecided Witness Number 1 be called, he would be a

8 witness next week. So that there are three witnesses available for next

9 week. But one of whom is subject to further discussion.

10 The following week, Witness Number 2, Witness Number 6, and it is

11 to be hoped Witness Number 4 would be available. Witness Number 4, there

12 are some specific inquiries that have to be made which were raised in

13 confidence at the conference yesterday. And Witness Number 5 would be

14 likely to be that week as well.

15 As indicated with the exception of Witness Number 7 we do not

16 anticipate any of those witnesses to be very lengthy witnesses. Witness

17 Number 3 might take more than a day and Witness Number 7 might.

18 Therefore, it's safe to say that the actual sitting time that the Defence

19 case live witnesses as currently proposed would take is likely to be

20 comfortably within a two week period. Of course, when the motion is

21 filed and dealt with concerning the 92 bis witnesses, it's then possible

22 that there would be some further evidence. It's also -- it may be that

23 there isn't a need for further evidence as well. But we think the

24 Defence case will be short and the reason for that is that it was the

25 Defence plan, as announced early in the trial, to put as many of our

Page 5

1 documents through the witnesses as we could, through the Prosecution

2 witnesses, and to elicit evidence in support of the Defence case through

3 those witnesses. And that's what we proposed to do and that's what we

4 tried to do and it's for that reason that the Defence case can be kept in

5 the relatively modest duration that it now can.

6 Your Honours, I appreciate you've already heard this but because

7 now we are in the Tribunal, I wish to make a record of it.

8 So therefore, as to the procedures, we will be ready to commence

9 next week and we wish to do so. However, I wish to ask for an indulgence

10 from the Tribunal and that is to open the case on Monday morning. There

11 are two reasons for that. There has been an element of haste in the

12 preparation of that opening in any event and secondly - I'm reluctant to

13 raise this but I think my own pride has to give way to doing a good job.

14 I'll just add that our team has been struck by a virus in recent times.

15 I've now been deliberately infected with it and, Your Honours, it may be

16 that I would be able to do a good job tomorrow but I would prefer, if the

17 Court were prepared to allow it, to go ahead on Monday. And in support

18 of that I can indicate I think I'll go about an hour and a half, no more

19 than that. I still think we would be able to deal with the witness for

20 Monday on Monday. Therefore in the large scheme of things it wouldn't

21 occasion trouble. I do acknowledge I've been claiming to be ready and

22 that I would be ready tomorrow. If there is a large public interest in

23 me going ahead tomorrow, I can, but I would prefer if it doesn't cause

24 any trouble to go on Monday. Those are the matters I wish to raise, Your

25 Honour.

Page 6

1 JUDGE LIU: Thank you. Any response from the Prosecution at this

2 stage?

3 MR. WEINER: At this stage, with regard to shifting the opening

4 statement from Friday to Monday, there is no objection. That's fine with

5 us.

6 JUDGE LIU: Thank you very much. So the request of the Defence

7 of the scheduling is granted, but I have to remind the Defence we might

8 sit in the afternoon so far as I know, on Monday, so we will be going in

9 the afternoon at 2.15. And after your opening statement, which will take

10 one sitting, I believe, we'll hear the first witness. It's so decided.

11 Yes. Mr. Weiner?

12 MR. WEINER: Just a couple of questions. First with regard to

13 Witness Number 1 on the undecided list, it's not clear what his status is

14 for next week, since we do not have a 92 bis statement, is the Defence

15 planning to either introduce him live or as an 89(F) witness or what

16 procedure are they intending to use or do they want to possibly pull him

17 from -- delete him from the witness list, is the first question.

18 JUDGE LIU: Yes. Let's do all those questions one by one. And I

19 believe that is also the question the bench had at this moment. Yes, Mr.

20 Morrissey.

21 MR. MORRISSEY: Your Honours, the decision that has to be made by

22 the Defence is do we seek to place him as a 92 bis witness in which case

23 the relevant procedures have to occur and a statement has to be taken

24 from him in the relevant way and certified in the relevant way. That's a

25 decision which awaits a conversation between me and the witness. I've

Page 7

1 indicated would take place on the weekend. I should say there is the

2 possibility that it will take place today. We are going to endeavour to

3 do that but he's a working person and he's in -- he's far away. So that

4 is -- that's the state of affairs with him.

5 Should we contact him -- as soon as we do contact him what I'm

6 prepared to say to the Prosecutors who are entitled to some notice in any

7 event of what he's going to say, is that in the same way that I provided

8 some notes concerning the Witness Number 7 on the live list, concerning

9 what the testimony of that witness would be, we should do the same with

10 respect to this witness and I only await the decision -- my own decision

11 as to what to do with him. As soon as that decision it is made either

12 he'll go through the 92 bis procedure or we will provide something by way

13 of notes, more expanded form than what the Prosecutor currently has. So

14 we will -- as soon as the decision is made the Prosecutor will have

15 something more than what they currently have.

16 JUDGE LIU: Is it possible for you to inform the Prosecution as

17 well as the Bench your decision by tomorrow? I mean tomorrow afternoon?

18 MR. MORRISSEY: I can advise both the Bench and the Prosecution

19 when I've spoken to him and resolved the issues, frankly, that I have to

20 resolve in my own mind about his testimony. We expect we are going to

21 make the efforts to do that. Now that Your Honour has granted us that

22 indulgence tomorrow, it means it might happen tomorrow. So Your Honours,

23 as soon as may be and yes we will endeavour to try to do that by

24 tomorrow. We won't put it off until the weekend for the joy of doing so,

25 Your Honours, but history teaches me that sometimes the telephone links

Page 8

1 can be hard to arrange.

2 I acknowledge the situation the Prosecutor is in. They would

3 like to know what the witness is going to say. There was OTP statement

4 taken from this witness. It was taken by investigator Mikhailov so that

5 we can't resolve the matter by reference to that statement.

6 JUDGE LIU: Yes. Thank you.

7 MR. WEINER: Your Honour, we would like to know as early as

8 tomorrow. I hate to stress this. But the reason for that is there is no

9 need for us to research and prepare for our weekend if there is not going

10 to be a witness early during the week. There is just no need for that.

11 The sooner the better. Tomorrow will be fine. We can also shift our

12 resources to other matters. Thank you.

13 MR. MORRISSEY: Your Honours, there will be a witness start early

14 next week, that's Witness Number 1 on the proposed live witness list.

15 But in any event, my friend's request is more than reasonable so we will

16 do everything we can to accommodate.

17 JUDGE LIU: Thank you very much. Any other matters, Mr. Weiner?

18 MR. WEINER: Just a brief general statement at this time with

19 regard to the 92 bis list which I know we are going to be covering one by

20 one or in some manner. But just as a general statement, that it appears

21 that of the 20, two of them are transcripts, of the 18 or now 19, 92 bis

22 witnesses a number of them, a large number of them, or you could say the

23 majority of them based on the summaries or the statements taken, their

24 potential testimony would go to the acts, conduct or indirect acts or

25 conduct based on the Galic case of the accused and it would appear that a

Page 9

1 number of them would have to be heard orally. But when we cover those we

2 could probably get into more detail. We have not received the statements

3 which they wish to tender; however, from looking at the materials that

4 are available at this time, it appears that most of them do go to the

5 acts and conduct of the accused.

6 JUDGE LIU: Thank you. Well, Mr. Morrissey, the Bench would like

7 to invite you to file your 92 bis motion as early as possible. We did

8 not expect that your case is too short so if we according to normal time

9 frame, that will be too late. I hope we could deal with the 92 bis

10 witnesses in your case. So would you please inform us how soon you could

11 file the 92 bis motion, as well as the statements of those witnesses so

12 that Defence would be -- so I'm sorry, to the Prosecution will be in a

13 better position to assess and to form their position concerning of those

14 witnesses.

15 MR. MORRISSEY: Yes, Your Honour. Your Honour, the statements,

16 the 92 bis statements, have been sent to Bosnia in a language the

17 witnesses understand, and arrangements have been made to show them those

18 statements to ensure that they are -- that the statements accurately

19 reflect what the witnesses say. That is important in this case because

20 there has been some debate at different times about what occurred with

21 statements and therefore we chose to proceed that way.

22 And it's anticipated that early next week or perhaps in the

23 middle of the week, those statements would be returned with any changes

24 that the witnesses or potential witnesses wanted to make. And the

25 instant that we have them, they will be provided. And the motion, as I

Page 10

1 understand it, is at least partially drafted already so that as soon as

2 we have those statements in our possession, they will be provided.

3 It can be, of course, Your Honour, that if the statements came

4 back with significant changes, that might change the status of the

5 witness. They might be upgraded to live status or they might be deleted

6 altogether. That's -- those are matters that happen in the running of a

7 case which we don't think is likely but of course that's the reason why

8 we are being cautious in making sure these things are being done in the

9 Bosnian language.

10 JUDGE LIU: Yes.

11 MR. MORRISSEY: Could I indicate again there have been time lines

12 in this case that are strict. We understand the Prosecution's interest

13 in these matters. We are not deliberately denying them the material and

14 they should be entitled to have it in a timely fashion. And we are

15 endeavouring to comply with the Rules to the best of our ability and we

16 appreciate that some particulars we are struggling to do that at the

17 moment.

18 JUDGE LIU: Thank you. We understand that there are about 20

19 proposed 92 bis witnesses. Maybe you could file your motion group by

20 group. I mean, by next Wednesday, at least, I hope you could file your

21 first motion with the statements of the first group of the witnesses, or

22 by the end of next week, if possible, maybe we could have the supplements

23 of that motion with more witnesses added.

24 MR. MORRISSEY: Your Honours, Mr. Mettraux has the carriage of

25 drafting that particular motion. I'll defer to what he says about that

Page 11

1 but it seems that that's a region solution and we'll comply with it, Your

2 Honour.

3 JUDGE LIU: So that the Prosecution will not wait until the last

4 minute and they could start their work group by group of witnesses.

5 MR. MORRISSEY: Yes, Your Honour.

6 JUDGE LIU: Thank you.

7 Well, since we are going to hear the live witnesses next week, I

8 wonder if possible for the Defence to provide the Prosecution, as well as

9 the Bench, a more clearer and more detailed summaries of the proposed

10 live witnesses, containing more information as to the expected witness

11 evidence?

12 MR. MORRISSEY: Your Honours, as to the witnesses for next week,

13 that, with respect to Witness Number 1 on the list, we'll do that. With

14 respect to Witness Number 7 I think we have already done so. I'm not

15 sure if the Chamber has received the note but we provided one to the

16 Prosecutor which we hope was more useful than what went before. As to

17 Witness Number 1 on the undecided list, who is a possible candidate for

18 next week, as soon as we have spoken to him, we'll provide the Prosecutor

19 either with the indication that he's a 92 bis or proposed 92 bis person

20 or notes in the same form as those provided in relation to Witness

21 Number 7.

22 JUDGE LIU: Thank you. And how about the Witness Number 2?

23 MR. MORRISSEY: Yes, Your Honours.

24 JUDGE LIU: Because we don't have the summary of this witness at

25 this stage. I understand there are some statements taken by the

Page 12

1 Prosecution.

2 MR. MORRISSEY: Yes, Your Honours. We I think have just

3 recently, it may not have arrived yet, I think we provided the OTP

4 statement of that witness and also the proofing notes that we were

5 provided with by the Prosecutor, but it's to be anticipated that there

6 may be more from that witness and notes to that effect perhaps to expand

7 on what is there, but that witness may provide some more detail. I'm

8 told that we have forwarded the statement and the notes to chambers. I

9 knew it was proposed to be done. Apparently it has been done already.

10 Perhaps you haven't received it yet. So you should have those. But I

11 indicate that there may be matters of detail where a further note would

12 in my opinion be appropriate so we are going to further that as well.

13 Your Honours, with respect to Witness Number 6, I anticipate we

14 could also do that fairly shortly, although he's not a witness for next

15 week. It's not about time lines. We'll do that.

16 JUDGE LIU: Thank you very much. And how about the Witness

17 Number 3? Have you decided the status of this witness?

18 MR. MORRISSEY: Your Honours, that was a matter I meant to make a

19 record of before and I forgot to. Your Honour, I think we indicated

20 yesterday that there were some materials to be translated. They are in

21 the hands of CLSS now. The status of that witness depends upon that

22 material. Witness Number 3 is not an English speaker and the Prosecution

23 already knows that some of his evidence may be of a technical military

24 nature. That's one possibility. And although team members that we have

25 do speak the Bosnian language, they are not military experts and

Page 13

1 therefore that process awaits.

2 We should put on record our gratitude to the Registry and CLSS,

3 both of whom it would have made a particularly special effort to speed

4 this up which they have done. And we are told it's likely we will have

5 that on Monday which is ahead of the schedule indicated before, so that

6 on Monday night we should receive that. And as I indicated that witness

7 has two documents, one long and one short. And if the short one -- it's

8 really a question of the short one that I need to weigh up in respect of

9 that. Of course, in the past, that witness provided a number of reports,

10 some of them I think in the course of discussions with the OTP, but they

11 have a number of the reports, but those reports contain opinions which we

12 have decided not to elicit from that witness in his evidence here because

13 they relate to matters of substance in the case and we weren't proposing

14 to lead those and that's the reason for a new report being necessary.

15 That's the status of that witness, and again, he's -- his

16 position will be clear early next week.

17 JUDGE LIU: Thank you. And concerning with the response to the

18 expert report, if the witness was named as an expert, and -- I hope that

19 we should not be bound by the technical constraints in the rules, and I

20 hope the Prosecution will be able to file its response within three days

21 after the report is filed. Is it possible, Mr. Weiner?

22 MR. WEINER: That's quite optimistic, Your Honour, but we haven't

23 even seen the report. If it's a highly technical report we have to deal

24 with our own military experts.

25 JUDGE LIU: But we have to do it as fast as possible because if

Page 14

1 we -- if we don't have your response, we couldn't make any decisions on

2 that thing. And Mr. Weiner already --

3 MR. WEINER: We will proceed at due speed. We are not going to

4 request the 30 days as required by the Rules.

5 JUDGE LIU: That's good. Thank you very much indeed.

6 MR. WEINER: Thank you.

7 JUDGE LIU: Thank you. Another issue is about disclosure of the

8 documents and yesterday I asked both parties to meet together to discuss

9 the matter of the disclosure of the documents pursuant to Rule 65

10 ter(G)(i). Are there any results or progress in this aspect?

11 MR. MORRISSEY: There is no results by way of agreement between

12 the Prosecution and Defence because frankly my -- I'll flatter myself to

13 call it a medical condition, I just wasn't ready to meet this morning. I

14 can say we sliced a large number of documents ourselves. The discussion

15 with the Prosecutor will take place this afternoon and we will slice

16 more. This is going to end up to be quite a short list of documents. At

17 the moment it consists of too many. And it will be a short list. The

18 Defence case is now becoming a very short case. That's the proposal. So

19 I can indicate that not enough progress is made and that's my fault, not

20 the Prosecutors'. But we will be speaking to them today and again I

21 would think tomorrow, and it will be an ongoing process.

22 We will, if asked, of course, just simply file the list as it

23 stands, but it seems to me that the granting of some patience to us in

24 that regard will save a lot of time because we really are cutting them

25 out quite quickly. Many of these documents, Your Honour, I have to say

Page 15

1 were prepared by Defence team that was meeting a case that before I think

2 the current Prosecution team came into the picture where there was

3 something well over a hundred witnesses and many other documents and a

4 lot of the documents that we had seemed to be targeted at witnesses who

5 haven't been called any more and are no longer necessary or have become

6 peripheral. Sometimes a document looks as if it's -- can retain some

7 small relevance even though the witness who it related to is gone, but we

8 think the best is to only use documents that really do have some impact

9 in the case now although there is a lot of documents consistent with

10 certain ideas or other documents and so on. The hour is getting late.

11 So we do appreciate that there is delay. We hope that that delay will be

12 repaid by a lot of time saving and we will speak to the Prosecutors again

13 this afternoon and again tomorrow.

14 JUDGE LIU: Thank you very much. Mr. Weiner, do you have

15 something to say concerning with the disclosure of the documents?

16 MR. WEINER: No, we will meet with the Defence and see what we

17 can do to trim down the list and come to some agreement.

18 JUDGE LIU: I see. Maybe tomorrow will be a good time for the

19 parties to meet again. I believe Mr. Mettraux will be available at least

20 to discuss this matter with the Prosecution. Yes.

21 At this stage, are there any other matters the parties would like

22 to raise?

23 MR. MORRISSEY: Your Honour, there is some matters to raise but I

24 think it's best probably to indicate what they -- some topics that we

25 might wish to raise -- we will wish to raise on Monday so the Prosecutor

Page 16

1 has time to know what they are. They can discuss them with us, perhaps,

2 in the next couple of days as well.

3 Your Honours, it was raised in the conference yesterday and I

4 raise it again, that there are some real issues concerning the electronic

5 discovery -- disclosure suite. We are finding it to be a burden rather

6 than an assistance. And rather than go into the detail of that now I

7 think it's best that we do that perhaps on Monday or Tuesday, depending

8 on when Witness Number 1 finishes.

9 Look, Your Honour, rather than raise them in theory now I'll

10 speak to the Prosecutor. There are a number of procedural matters which

11 we should raise but I think it's likely we'll have sometime during the

12 week next week between witnesses and perhaps that's the time to do it.

13 JUDGE LIU: Thank you. On the part of the Prosecution?

14 MR. WEINER: No other matters, Your Honour.

15 JUDGE LIU: Thank you. Yes, yes, Mr. Morrissey?

16 MR. MORRISSEY: Sorry, Your Honours, it was really a failure of

17 manners. It just occurred to me that my learned friend and I would both

18 join in welcoming Judge Mumba to the case. I think I've welcomed Her

19 Honour to the case by a thousand apologies and excuses. We will try to

20 get better in time but meanwhile we -- and the Prosecutors with us, of

21 course, welcome her to the case.

22 JUDGE LIU: But I have one last matter to say. That is the

23 motions. We understand the Defence filed a motion for certification

24 concerning admission of record of the interview of the accused. And the

25 motion for admission of the written statements of deceased witnesses

Page 17

1 pursuant to Rule 92 bis(C). I wonder if the Prosecution is in the

2 position to make its reply to these two motions as early as possible?

3 MR. WEINER: With regard to the 92 bis(C) motion, a draft was

4 completed today. We will take a look at the draft and hopefully have

5 that out tomorrow, maybe even tomorrow morning.

6 JUDGE LIU: Thank you very much. That's very encouraging.

7 MR. WEINER: And we will continue to on this -- to move on

8 completion of the certification motion, too, Your Honour, our response to

9 that.

10 JUDGE LIU: Yes. How about by next Wednesday? Is it possible

11 for you to file your response?

12 MR. WEINER: If we knew there was going to be a third witness

13 next week, that would free up one of the Prosecutors, but one moment.

14 [Prosecution counsel confer]

15 MR. WEINER: We will shoot for Wednesday, Your Honour. That

16 sounds fine.

17 JUDGE LIU: Thank you very much for your cooperation. Only after

18 we received that motion could the Bench make a decision concerning of the

19 requests from the Defence.

20 Well, another motion is the motion filed by the Defence for the

21 variation of the protective measures filed on the 21st June 2005. On 20

22 June 2005, the Trial Chamber rendered its decision on admission into

23 evidence of interview of the Accused. On the 21st June 2005, the Defence

24 filed its motion for variation of protective measures requesting the

25 variation of protective measures of those transcript passages in the

Page 18

1 Krstic case that Defence claims to be referred to by the Prosecution and

2 the Trial Chamber in its decision. For the limited purpose of submission

3 in relation to its motion for certification against the decision on

4 admission into evidence of the interview of the accused and its appeals

5 if certification is granted. At this stage I would like to ask the

6 response from the Prosecution.

7 MR. RE: Your Honour --

8 JUDGE LIU: Yes, Mr. Re?

9 MR. RE: Sorry, if I might briefly respond, the Prosecution

10 doesn't object to the motion filed by the Defence. It's perfectly

11 reasonable.

12 JUDGE LIU: Thank you very much. Thank you very much indeed. I

13 believe that this Bench is in the position to make a ruling concerning

14 with this issue.

15 The Trial Chamber notes the Prosecution's response submitted

16 orally by Mr. Re just now. And considering that the Trial Chamber in its

17 decision on admission into evidence of the interviews of the accused did

18 not include any specific reference to any transcript pages in the Krstic

19 case, and that Prosecution in its submission of 19 May 2005 referred to

20 the following parts of the proceedings in Krstic case, that is T 6578,

21 9621, which was in the open session, and parts of the transcript in

22 closed session at the trial hearing of 28th July 2000.

23 Considering that Defence has no access to portions of the

24 transcript in Krstic case which were in closed session, the Trial Chamber

25 hereby grants the request and orders the Registrar to disclose to the

Page 19

1 Defence for the limited purpose of submission in relation to its motion

2 for certification and its appeal if certification is granted, the

3 following portion of the transcripts in Krstic case: T 5865 to 5874 and

4 6587. At the same time, we also would like to remind the Defence, since

5 those testimonies were conducted in closed session, the protective

6 measures are still there, which means that you should not disclose to the

7 third party outside this courtroom. Thank you. It's decided.

8 Mr. Halilovic, do you have anything to complain during your stay

9 in the detention unit?

10 THE ACCUSED: [Interpretation] No, Your Honour. Everything is

11 fine.

12 JUDGE LIU: Are you prepared to start your case next week?

13 THE ACCUSED: [Interpretation] Yes, I am, Your Honour.

14 JUDGE LIU: Thank you very much. You may sit down, please.

15 Well, I believe that's all for this Pre-Defence Conference, and

16 we'll have the commencement of the Defence case next Monday. So the

17 hearing for today is adjourned.

18 --- Whereupon the hearing adjourned at 2.59 p.m.