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  1. 1 Tuesday, 1st June, 1999

    2 (Open session)

    3 (The accused entered court)

    4 --- Upon commencing at 2.32 p.m.

    5 THE REGISTRAR: Good afternoon, Your

    6 Honours. Case number IT-95-14/2-T, the Prosecutor

    7 versus Dario Kordic and Mario Cerkez.

    8 JUDGE MAY: The first matter I want to deal

    9 with is the motion which was argued yesterday to

    10 exclude evidence obtained as a result of the execution

    11 of a search warrant. The Trial Chamber has now had the

    12 opportunity for considering the motion and the result

    13 is that the motion will be rejected and the evidence

    14 will be admitted. Written reasons for this decision

    15 will follow in due course.

    16 Two housekeeping matters. We shall not be

    17 sitting next Wednesday afternoon as some members of the

    18 court have to attend another hearing, but there is a

    19 possibility, which I wanted to raise with the parties,

    20 of sitting this Thursday morning. It's not on the

    21 calendar, but it happens that the hearing which I shall

    22 be attending early in the morning is, in fact, going to

    23 go fairly short, and it's possible that we could sit

    24 here at half past ten, if that is possible as far as

    25 the parties are concerned and, of course, the court

  2. 1 organisation.

    2 MR. NICE: I would hope that we would have

    3 concluded the examination of this witness in today's

    4 and tomorrow's sessions. If not, then Thursday might

    5 be a very, very valuable period of time to have

    6 available for him.

    7 I think it's highly unlikely that I could

    8 find another witness for the Thursday morning period

    9 which you've indicated or indeed that the period could

    10 be usefully used for a witness. There is one

    11 outstanding witness, one witness whose

    12 cross-examination is outstanding, but I don't think his

    13 cross-examination would be accomplished within a couple

    14 of hours.

    15 When this witness is concluded or at the end

    16 of the hearings this week, in any event, I've got a

    17 short application to make in respect of witnesses we

    18 seek to add to the list, and there are a few more

    19 things I want to say about procedural matters, probably

    20 ten minutes, but sometimes these ten minutes can grow.

    21 I know that although they've already spoken once,

    22 Mr. Naumovski indicated that he wanted another half an

    23 hour to come back on procedural matters. So, again,

    24 the Thursday might be a period of time that could be

    25 usefully used for procedural matters if we haven't

  3. 1 finished them tomorrow afternoon, but I think for a

    2 witness, unlikely.

    3 JUDGE MAY: They are matters that should be

    4 resolved.

    5 MR. NICE: Yes.

    6 JUDGE MAY: They have been hanging over for

    7 some time. Very well. I'll have inquiries made as to

    8 whether we could sit at half past ten on Thursday.

    9 Yes. I haven't raised it with the Defence.

    10 MR. SAYERS: If I may, Your Honour, there was

    11 a reference made by Mr. Smith yesterday to a letter

    12 authored by the Ministry of Defence, Mr. Jelavic, which

    13 Mr. Nice kindly provided to us yesterday. We don't

    14 have sufficient copies for the Trial Chamber to

    15 consider, but I've had copies made and it will be

    16 convenient and I'll distribute those now.

    17 JUDGE MAY: Yes. If you'd like to hand that

    18 in. As far as Thursday's hearing is concerned, if

    19 there is one, are the Defence available if necessary on

    20 Thursday morning?

    21 MR. SAYERS: The Kordic Defence would be,

    22 yes, Your Honour.

    23 MR. KOVACIC: We are okay, Your Honour. No

    24 problem with us.

    25 JUDGE MAY: Thank you. If there are no other

  4. 1 matters in open session we'll go into closed session.

    2 (Closed session)











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