1 Tuesday, 3 February 2004
2 [Pre-Trial Conference]
3 [Open session]
4 [The accused entered court]
5 --- Upon commencing at 2.20 p.m.
6 JUDGE ORIE: Good afternoon to everyone in this courtroom and
7 those who are assisting us just outside this courtroom. Madam Registrar,
8 would you call the case.
9 THE REGISTRAR: Case number IT-00-39-PT, the Prosecutor versus
10 Momcilo Krajisnik.
11 JUDGE ORIE: Thank you, Madam Registrar.
12 Mr. Krajisnik, can you hear me in a language that you understand?
13 THE INTERPRETER: Microphone, please, for the accused.
14 JUDGE ORIE: Could you please repeat your words, because your
15 microphone was not on.
16 THE ACCUSED: [Interpretation] Yes, I can follow the proceedings in
17 a language I understand. That is being interpreted to me.
18 JUDGE ORIE: Thank you very much, Mr. Krajisnik.
19 May I have the appearances for the Prosecution first.
20 MR. HARMON: Good afternoon, Mr. President. Good afternoon,
21 Your Honours, counsel. My name is Mark Harmon. To my right is
22 Mr. Alan Tieger. We represent the Office of the Prosecutor in these
23 proceedings. To my left is the case manager, Carmela Annink-Javier.
24 JUDGE ORIE: Thank you, Mr. Harmon.
25 And for the Defence, please.
1 MR. STEWART: Your Honours, Nicholas Stewart of the bar of England
2 and Wales. On my right, my co-counsel, Ms. Chrissa Loukas of the New
3 South Wales bar, and on my left, assisting us, Ms. Tatjana Cmeric of the
4 Belgrade bar.
5 JUDGE ORIE: Thank you, Mr. Stewart.
6 We are here in the beginning of this afternoon for the
7 Pre-Trial Conference. To be more precise, for the second Pre-Trial
8 Conference, because the first Pre-Trial Conference was held already on the
9 14th of November, 2002. But due to the changes in the Defence team, there
10 is another Pre-Trial Conference scheduled for the beginning of this
12 The main reason why the Chamber wanted to have another
13 Pre-Trial Conference is that during the recent 65 ter meetings we had,
14 Mr. Krajisnik was not present in person, and the Chamber would like him to
15 give an opportunity to be updated, as far as he was not already briefed by
16 Defence counsel, and to give him an opportunity to say whatever he'd like
17 to say before the trial starts later this afternoon.
18 Perhaps I give just a very brief history of the case.
19 Mr. Krajisnik, you were arrested in March 2000 and you were transferred to
20 the Tribunal the 3rd of April, 2000. Your Initial Appearance took place
21 on the 7th of April of that same year. Your trial will be held on the
22 basis of the amended, consolidated indictment of the 7th of March, 2002,
23 in which you were charged with genocide, crimes against humanity, and
24 violation of the laws and customs of war, for acts you allegedly have
25 committed while you were serving, among others, as president of the
1 Bosnian Serb Assembly in the Republika Srpska.
2 The trial was scheduled to start already early May 2003, but it
3 was deferred. It was adjourned due to the circumstance that Defence
4 counsel could not function any more. The Chamber once again wants to
5 express its regrets that we cannot start this trial but after nine months
6 of the original date scheduled for it.
7 We have recently discussed what I could call the Rules of the
8 Road, that is, the guidance for the parties how to submit evidence during
9 trial, and other practical matters.
10 Mr. Krajisnik, I take it that Defence counsel has to the extent
11 necessary explained this to you what has been discussed. I see you're
12 nodding yes. One of the problems with transcripts is that it doesn't take
13 any nodding. Therefore, I don't mind that you nod, but I will therefore
14 for the transcript say aloud what I see at the very moment.
15 THE ACCUSED: [Interpretation] My Defence team has informed me
16 about the meeting with you, Your Honour, and I'm sufficiently informed in
17 order to be able to follow everything.
18 JUDGE ORIE: Thank you very much, Mr. Krajisnik.
19 Is there any further submission or comment to make on what we
20 discussed earlier in respect of these Rules of the Road? I do understand
21 that the matter of prenumbering of exhibits has been slightly changed, on
22 the request of the Registry. The parties are aware of that, I take it.
23 MR. HARMON: We have no additional submissions, Your Honour.
24 Thank you.
25 JUDGE ORIE: And for the Defence.
1 MR. STEWART: Nor we, Your Honour.
2 JUDGE ORIE: Thank you very much, Mr. Stewart.
3 We also discussed, Mr. Krajisnik, at one of these earlier
4 meetings, that the Prosecution was granted 450 hours to present its case
5 in chief, and that is exclusive of cross-examination. The trial, to start
6 with, will run four days a week for the first two weeks. Then we'll sit
7 for five days a week during the then-coming two weeks, and then I take it
8 that will be the end of February or the very first days of March, we'll
9 postpone the continuance of the trial until the 13th of April of this
10 year. As far as this schedule is concerned, is there any further
11 submission to be made? I see nodding no from all sides, if I'm well
13 MR. HARMON: Your Honour, in light of the 65 ter conference
14 information that we received that the Prosecution would be limited to 450
15 hours in its case in chief, we went back and re-calculated the witnesses
16 and the time that we had projected ourselves for what was necessary to
17 present our case. As a result of those calculations, we have eliminated
18 one of the witnesses entirely who we intended to call during this first
19 period of time. So I can provide that information, and I will provide
20 that information to the Defence and to the legal officer. But we are now
21 not intending to call one of the witnesses whom we had previously
22 identified to the Court and to the Defence.
23 JUDGE ORIE: Thank you. I take it, then, that you'll give the
24 name of the witness you withdraw from your list both to the Chamber and to
25 the Defence.
1 Any submissions from the Defence in this respect?
2 MR. STEWART: No, Your Honour.
3 JUDGE ORIE: Thank you, Mr. Stewart.
4 Then there are still a few motions pending, which ask for some
5 time for us to prepare a decision. These motions regard the admission of
6 a number of witness statements under Rule 92 bis and of adjudicated facts,
7 and I meanwhile received the response of the Defence on the adjudicated
8 facts motion. I also saw that you reserved your right to respond,
9 especially in the adjudicated facts, since they were not translated in
10 B/C/S. I was informed that, at the end of last week, some discussions
11 have been going on between the Registry and the Defence on how to get
12 these translated because these were mainly little quotes from other
13 judgements of Trial Chambers. And I also did understand that finally a
14 solution has been reached on that issue. Is that correct, Mr. Stewart?
15 MR. STEWART: Yes, that is correct, Your Honour.
16 JUDGE ORIE: Thank you, Mr. Stewart.
17 Any further submissions to be made in respect of the pending
18 motions? I see that neither of the parties gets on his feet, so
19 therefore, I take it that no submissions are to be made.
20 The last point on my agenda, Mr. Krajisnik, concerns you more
21 personally. Is there any submission to be made in respect of your present
22 health situation?
23 MR. STEWART: Your Honour, I wonder whether the Tribunal should go
24 into private session for this particular item, or closed session.
25 JUDGE ORIE: Yes. If you'd prefer to deal with the personal
1 health situation of the accused in private session, then we'll turn into
2 private session.
3 MR. STEWART: Yes. Your Honour, we would prefer that. Thank you.
4 JUDGE ORIE: Yes.
5 [Private session]
12 Page 293 redacted, private session
12 Page 294 redacted, private session
3 --- Whereupon the Pre-Trial Conference
4 adjourned at 2.37 p.m.