Tribunal Criminal Tribunal for the Former Yugoslavia

Page 11138

1 Thursday, 16 November 2006

2 [Open session]

3 [The accused entered court]

4 [The witness entered court]

5 --- Upon commencing at 2.20 p.m.

6 JUDGE MOLOTO: Good afternoon, sir. May you please make the

7 declaration.

8 MR. MILOVANCEVIC: [Interpretation] Your Honour, just a moment,

9 please.

10 Before --

11 JUDGE MOLOTO: May you please take a seat, sir?

12 MR. MILOVANCEVIC: [Interpretation] Good afternoon, Your Honours.

13 The Defence wishes to inform the Trial Chamber that the redacted

14 text of the military expert report constitutes material which the Defence

15 cannot stand by. In that report, in its form as it is, can only be

16 detrimental to the Defence and to the accused himself. The report has

17 been decimated and at the time when we have been denied certification to

18 lodge an appeal, we have no other option but to withdraw this expert

19 witness and not to have him testify.

20 At the same time, since the Trial Chamber has taken such a

21 position toward the Defence military expert, I suggest that the Trial

22 Chamber should, ex officio, appoint a military expert who would make an

23 expert analysis based on the evidence of the case and, of course, in that

24 case, an in-court OTP expert such as Mr. Theunens could not be used. It

25 would have to be an independent expert. In the interests of justice, the

Page 11139

1 expert should refer himself to the evidence led, and since it was said

2 that the attack on Zagreb was not militarily necessary, on the basis of

3 all this, we apply to the Trial Chamber to appoint an independent military

4 expert.

5 JUDGE MOLOTO: Yes, Mr. Black.

6 MR. BLACK: Thank you, Your Honour, we are not opposed to the

7 Defence withdrawing this witness, obviously, so perhaps he should be

8 excused and then we could take up the second part of the Defence's

9 request.

10 JUDGE MOLOTO: Thank you. That's what we are going to do.

11 Thank you very much, sir. I'm sorry to have asked that you be

12 called into court. Apparently those who called you to testify don't

13 require your services any longer. You are excused. You may stand down.

14 Thank you very much.

15 [The witness withdrew]

16 THE INTERPRETER: Interpreter notes that there might be a part of

17 what Defence counsel said concerning Mr. Theunens that was missed, if the

18 counsel could be asked to repeat that.

19 JUDGE MOLOTO: Well, it is mentioned here, it is said that an

20 in-court OTP expert such as Mr. Theunens could not be used. It would have

21 to be an independent expert. It is on transcript. Thank you very much.

22 As to the next point, the Chamber to appoint a military expert,

23 this was not in the contemplation of the Chamber. At this stage, if

24 counsel wants to make a substantive application on this matter, counsel is

25 advised to make a formal submission on paper and the Chamber will respond

Page 11140

1 to that.

2 Court adjourned.

3 MR. WHITING: Your Honour, I'm sorry, there is just -- there are

4 two matters which I think we need to take up.

5 The first is that I believe the expert report was placed into

6 evidence and it would now need to be struck from evidence. It needs to be

7 taken out of evidence. I think it's Exhibit 1012.

8 JUDGE MOLOTO: I don't know what Mr. Milovancevic wants to do with

9 that.

10 Mr. Milovancevic, do you want to -- are you withdrawing the

11 witness only, or are you withdrawing the witness and his report?

12 MR. MILOVANCEVIC: [Interpretation] Bear with me, Your Honours.

13 MR. WHITING: Your Honour, I actually don't think there is a

14 distinction because under Rule 94 bis we are entitled to cross-examine if

15 the report is coming into evidence and since they did not call the

16 witness, they've chosen not to call the witness, in our view the report

17 cannot come into evidence.

18 JUDGE MOLOTO: Indeed. But let's hear what Mr. Milovancevic has

19 to say. He's got -- he's asked the Chamber to bear with him.

20 MR. MILOVANCEVIC: [Interpretation] Yes. I do believe that the

21 redacted report should be withdrawn from evidence, should be struck from

22 evidence. That's quite normal.

23 JUDGE MOLOTO: Thank you very much. Then the expert report itself

24 is withdrawn from evidence and the exhibit number allocated to it is --

25 can it please be vacated?

Page 11141

1 THE REGISTRAR: Yes, Your Honour, Exhibit 1012 has been withdrawn.

2 JUDGE MOLOTO: Thank you.

3 MR. WHITING: Thank you, Your Honour. There is another matter,

4 which is I take it this means the Defence is now resting its Defence case,

5 since this is the last -- this was the last witness that had been

6 indicated, and if that's so, then there are certain things that happen

7 after that. So perhaps we could get an indication if that's in fact the

8 case.

9 JUDGE MOLOTO: Yes, Mr. Milovancevic.

10 MR. MILOVANCEVIC: [Interpretation] Your Honour, if the Trial

11 Chamber should fail to appoint an independent expert, then, of course, the

12 Defence will rest the case. We have no further witnesses.

13 We have only one request to make. In the past several of days, we

14 have received a large quantity of potentially exculpatory material from

15 the OTP pursuant to Rule 68. We are currently going through the material,

16 and we might at the end of the examination of the material move that some

17 of the material be admitted into evidence.

18 We on, our part, do not have any other witnesses to call.

19 JUDGE MOLOTO: Well, yes, sir.

20 MR. WHITING: I have no objection in principle to that, and I was

21 going to make a suggestion which would be that perhaps we could adjourn

22 until Monday and then all kind of loose ends could be attended to between

23 now and Monday, such as the Defence will have an opportunity to review

24 whatever material we've turned over.

25 But there is one other matter. We do expect to make an

Page 11142

1 application to admit some statements into evidence as rebuttal evidence.

2 We do not plan to call any witnesses, any live witnesses, as rebuttal, but

3 we do have a motion to admit some statements via Rule 92 bis as rebuttal

4 evidence. And I just perhaps need an indication of when I should file it.

5 JUDGE MOLOTO: An indication from?

6 MR. WHITING: Well, from Your Honours. I'm happy to file it

7 today. I don't want to -- but if the Defence has not it formally rested I

8 don't want to cause any difficulties in terms of the sequence or cause any

9 offence to the Defence or anything.

10 JUDGE MOLOTO: Let's deal with the Defence resting.

11 Mr. Milovancevic, you talked of if the Trial Chamber is going to

12 fail to call the expert witness, then the Defence is resting. I'm not

13 quite sure why that should be dependent on the decision of the Trial

14 Chamber, sir. You have called all your witnesses, you have no further

15 witnesses to call, and is the Defence resting? If the Chamber decides to

16 call its witnesses, it will decide to call its witnesses. If it decides

17 to not to call its witnesses, it will decide not to call its witnesses.

18 You tell us: Are you closing your case?

19 MR. MILOVANCEVIC: [Interpretation] Your Honour --

20 JUDGE MOLOTO: Aside from applications that you will make for

21 exculpatory material in terms of Rule 68, you can do that, but are you

22 closing your case?

23 MR. MILOVANCEVIC: [Interpretation] In order for the situation to

24 be quite clear, let me tell you this. If the Trial Chamber accepts to

25 appoint a military expert, then the -- this will be evidence led by the

Page 11143

1 Trial Chamber, ex officio. This will not be our evidence. I told you

2 that we have no more witnesses. We have presented the evidence we had,

3 except for some written evidence that we may move to be tendered into

4 evidence pursuant to Rule 68.

5 Therefore, Your Honours we have no more witnesses and in that

6 sense we have finished our presentation of evidence.

7 JUDGE MOLOTO: And you have closed your Defence case. Say so.

8 MR. MILOVANCEVIC: [Interpretation] Yes, that is correct.

9 JUDGE MOLOTO: Thank you.

10 Right. Questions of Rule 68 evidence and any evidence in

11 rebuttal, as you rightly say, Mr. Whiting, can be dealt with after this.

12 I don't think we need to sit here the whole afternoon and try to go

13 through all of those things.

14 MR. WHITING: No. We'll file our rebuttal motion this afternoon.

15 It's ready to be filed and we'll file it this afternoon.

16 JUDGE MOLOTO: Thank you very much. Anything else from either

17 side? Mr. Milovancevic? Nothing.

18 [Trial Chamber confers]

19 MR. WHITING: Your Honour, I think as a formal matter at some

20 point when everything is all finished, I think the Trial Chamber has to,

21 under Rule 87, has to declare the hearing closed. I think that would be

22 premature to do right now because we have our rebuttal evidence. The

23 Defence has indicated it may file a written -- for more evidence. So if I

24 may suggest that perhaps -- I don't know if we adjourn until Monday.

25 Perhaps we could adjourn until Monday and see where we are then, if --

Page 11144

1 JUDGE MOLOTO: I'm sorry, I wouldn't like to adjourn to Monday to

2 come and see where we are. I'd like to adjourn to a date to come and

3 finalise matters; otherwise, adjourn without a date, to a date to be

4 arranged.

5 MR. MILOVANCEVIC: [Interpretation] Your Honours, I share the

6 position of my learned friend.

7 On Monday, I suppose that we will be able to solve all the issues

8 we have to solve, and I suppose we will be able to close the case by that

9 time. The Trial Chamber should pass such a decision at the time when all

10 the matters have been decided upon. We still have the motion -- or the

11 application pending concerning the expert report, then the 92 -- Rule 92

12 motions by the Prosecutor. Therefore, I believe that on Monday, we should

13 be able to finish the case. We have covered all the other deadlines. It

14 would be unnecessary -- we would be unnecessarily pressed for time if we

15 insisted on completing it sooner than Monday.

16 JUDGE MOLOTO: Mr. Milovancevic, nobody has suggested that we

17 complete sooner than Monday, and I said if we adjourn to Monday, I want

18 the assurance that we are finalising everything on Monday. Remember, we

19 still have to admit into evidence the site visit report. It is not yet

20 finalised, and I was saying if we do -- we either go to Monday to finalise

21 or we postpone sine die.

22 MR. WHITING: Actually, although I was the one who proposed

23 Monday, I think perhaps the other option would be better because the

24 Defence is going to have to respond to our rebuttal motion and so forth.

25 But I think perhaps so that it doesn't -- we don't have a drift,

Page 11145

1 if we could set a date, certain dates by which things have to happen.

2 We'll file our rebuttal motion today.

3 JUDGE MOLOTO: That we can do.

4 MR. WHITING: We'll file our rebuttal motion today. If the

5 Defence could be given a date by which to respond. It's not very

6 complicated. I don't think it would take very long, but if they can

7 respond --

8 JUDGE MOLOTO: What do the rules say?

9 MR. WHITING: Well, I think it's an ordinary motion, so it

10 could -- under the rules, I think if the rules were to apply, it could be

11 two weeks, but I wouldn't think under the circumstances that would be

12 necessary. I think it could be done on an expedited basis. And then if

13 the Defence could be required to file any additional documentary evidence

14 they want to file by Monday, then I think we might be in a position to

15 move things along.

16 JUDGE MOLOTO: Okay. Let's take this step by step.

17 On 92, you intend to file is the 92 statements in rebuttal.

18 [Microphone not activated].

19 THE INTERPRETER: Microphone, please, Your Honour.

20 JUDGE MOLOTO: Pardon. Are 92 bis statements in rebuttal.

21 MR. WHITING: That's correct.

22 JUDGE MOLOTO: And you say you will file them today.

23 MR. WHITING: That's also correct.

24 JUDGE MOLOTO: Mr. Milovancevic, when would you respond?

25 MR. MILOVANCEVIC: [Interpretation] Your Honour, I was asked to

Page 11146

1 respond to a hypothetical matter. Until I see the rebuttal submission by

2 my learned friends, I cannot tell you, because I don't know what matters

3 we will have to address there.

4 At any rate, we will not be insisting on the deadline provided for

5 by the rules for the formal reasons. We will respond as soon as possible,

6 and just as the Prosecutors are doing their best to finish as soon as

7 possible, we will do likewise.

8 Now, as for Monday, I -- it wasn't quite clear to me. Of course

9 we have to admit into evidence the site visit report and we are not

10 insisting on it being on Monday. I wanted to support what my learned

11 friend stated. I do believe that we are nearing the end and we can

12 complete all the matters in time. Therefore, I agree with Your Honour's

13 proposal.

14 JUDGE MOLOTO: Mr. Milovancevic, are you on land or at sea? A few

15 minutes ago, you were saying we should come back on Monday, everything

16 will be finalised, and now all of a sudden you're not able to tell me

17 whether you can respond to one of the things that was supposed to be

18 finalised before Monday.

19 You know -- in all this, let me tell you one thing. Let me remind

20 both parties one thing. The date for final briefs as determined in the

21 Scheduling Order stands. That's not going to shift. Okay? Whatever

22 happens must happen before then, and the parties must be ready with their

23 final briefs on the dates set.

24 You are not now able to say how soon you can respond to the 92 bis

25 rebuttal statements, Mr. Milovancevic. I understand. That's the

Page 11147

1 difficulty that I was seeing.

2 But anyway, we got to set time-scales so that at least we can

3 postpone to a definite day. I want to suggest, sir, that you reply by

4 Wednesday next week. Is that fair? This shouldn't be new -- it shouldn't

5 be new evidence, not new facts, I wouldn't imagine.

6 MR. WHITING: No, it's rebuttal.

7 JUDGE MOLOTO: So that's why I'm saying they should be able to

8 deal with them.

9 MR. WHITING: I know Mr. Milovancevic is at a disadvantage here

10 because he has not seen the motion.

11 JUDGE MOLOTO: I understand that.

12 MR. WHITING: I think -- my guess, since I know what it is, my

13 guess is that he'll have enough time to respond by Wednesday, and if he

14 doesn't he can make an application for more time. But my guess is that

15 he'll find that that will be enough time. It's very narrow and he'll

16 recognise it; he'll know what it is.


18 Shall we do it that way, then, Mr. Milovancevic? We will set at

19 Wednesday. If you're not able to meet the Wednesday deadline, you can

20 apply for an extension of time. And of course the Chamber will look at

21 it -- well, I wouldn't say favourably but kindly.

22 MR. MILOVANCEVIC: [Interpretation] It's okay, Your Honour.

23 JUDGE MOLOTO: All right. So Wednesday, that's the 22nd. And

24 then what needs to be done thereafter?

25 MR. WHITING: Well, Your Honours will have to make a decision on

Page 11148

1 the motion, of course, and decide whether it's admitted or not, make a

2 decision on the -- if the Defence files a written application for the

3 Court to call its own expert witness, make a decision on that.

4 JUDGE MOLOTO: And all those can be made without having to come

5 into court.

6 MR. WHITING: That's correct.


8 MR. WHITING: And then if the Defence wishes to put in additional

9 written documentation into evidence, they will have to make some -- file a

10 motion for that. And perhaps we could set a date for that, at least a

11 tentative date, again that could be extended if more time is required.

12 JUDGE MOLOTO: A date for what?

13 MR. WHITING: For the Defence to file, if it wishes to file a

14 motion to admit additional evidence, additional documentary evidence into

15 the case, maybe we could ask that that be done by Wednesday as well. And

16 again if the Defence needs more time, they can apply for it but at least

17 it's not drifting. At least we have a date and we can start to get these

18 things done.

19 JUDGE MOLOTO: Additional documents. Are you talking by way of

20 rejoinder?

21 MR. WHITING: No. I was actually talking -- it was in response to

22 what Mr. Milovancevic said about Rule 68 documents that he may have some

23 Rule 68 documents.

24 JUDGE MOLOTO: Sure. Well, yes, Mr. Milovancevic, the Rule 68

25 documents, do you think you'll have gone through them? Yeah, you had

Page 11149

1 indicated that by Monday you would have done them, so you could be ready

2 with them by Wednesday. And if you wish to put any of them into evidence,

3 will you be able to do so by Wednesday, the 22nd?

4 MR. MILOVANCEVIC: [Interpretation] Your Honour, we received the

5 materials quite recently, and it's the -- the material is quite voluminous

6 and you can of course set a rough deadline, but I cannot really give you a

7 specific, accurate answer, without being frivolous because any assessment

8 on my part at this point would be very, very rough, and I'm sure that you

9 don't want me to give you a date just for giving you -- just for the sake

10 of giving such a date to you, so you so please bear that in mind.

11 JUDGE MOLOTO: I perfectly understand. Let's do it like we did

12 the response to the 92 bis. We'll set it at the 22nd of November. If

13 you're not able to meet that deadline, you'll make an application and

14 the Chamber will look at it also.

15 And then what's the next step thereafter?

16 The Bench is not able to say when the site report will be filed

17 because it's still with the technical people who are working on it. We

18 don't know anything, how soon they will be ready. Okay? And to that

19 extent, therefore, we are not able to give a deadline for that.

20 Yes, Mr. Milovancevic.

21 MR. MILOVANCEVIC: [Interpretation] Your Honour, I just wanted to

22 indicate that an issue should be raised now that you talked about the

23 strict adherence to the 10th of December deadline. Now we are extending

24 the deadlines for the completion of our case, and we are not to blame for

25 that. We should be dealing with urgent matters, and at the same time, we

Page 11150

1 should be producing our final trial briefs and we have to prepare our

2 closing arguments for the 11th of January. We will be filing a motion at

3 one point with the Trial Chamber. I'm sure that it would not, in fact,

4 have any effect on the final outcome of the trial. It is our belief that

5 it would really not affect the pace of this trial if we were to submit our

6 trial brief on the 10th of December or 10th of January. We will probably

7 be filing a written motion to this effect.

8 I merely wanted to acquaint you with the position of the Defence.

9 Your Honours, since January this year, we have been under a lot of

10 pressure. We had to work very hard. We never had any vacation.

11 Everybody in this case had the recess; we didn't. We had a huge pile of

12 evidence, 12.000 pages, and if we were to apply to you to move the

13 deadline for the final Defence brief, it would be in the interests both of

14 the accused and of justice, because both -- all of us here, we, the

15 Judges, our colleagues from the Prosecution, would be given more time and

16 a lot of this time would, of course, be during the recess.

17 And if I may say so, Judge Moloto, it is not my intention to have

18 the deadlines extended or to file anything beyond the deadlines set by the

19 Trial Chamber, and I don't want to ask for you for your permission now, of

20 course, or to draw on this matter. We would be filing a written motion as

21 required by the rules. I merely wanted to acquaint you with the situation

22 because this is something that would really affect the quality of our

23 work.

24 We've all been doing this for years, this has been our job, and

25 because of this deadline, the 10th of December, we will be under such

Page 11151

1 pressure and we would be so short of time and this will be unnecessary

2 because we will go into recess on the 15th of December, and we will

3 continue with our work on the 10th -- on the 11th of January.

4 This is what I wanted to point out, and I have to apologise for

5 taking up so much of our time.

6 JUDGE MOLOTO: Thank you. Thank you, Mr. Milovancevic. But you

7 see, what I do not understand in your argument is that you are saying you

8 just want to point -- to indicate that an issue should be raised now, that

9 I now talked about the strict adherence to the 10th of December deadline

10 and then you go on to say: Now we are extending the deadlines for the

11 completion of our case, and we are not to blame for that. Who are

12 the "we" who are not to blame for that? Neither is this Chamber to blame

13 for that. These are issues that have been raised by the parties. They

14 are saying to me they want to file this document and that document, so why

15 must now the Chamber be sort of -- have a finger pointed at it for these

16 things?

17 These things happen. Mr. Milovancevic, if it does happen that the

18 Chambers has to consider the deadline, it will do so on cogent reasons

19 that will be before it at the time. Don't put the cart before the horse.

20 MR. MILOVANCEVIC: [Interpretation] Your Honour, I don't want to be

21 misunderstood here. I took your warning as the last warning both to the

22 Prosecution and to the Defence, but the "we" referred to us. I never

23 meant to say that the Trial Chamber caused anything.

24 JUDGE MOLOTO: Who are the "us"? You've still not told me who are

25 the "us"?

Page 11152

1 MR. MILOVANCEVIC: [Interpretation] I mean both my learned

2 colleagues from the Prosecution and us from the Defence and the Trial

3 Chamber, which has so many things to do regarding the site visit report

4 and all that.

5 So my appeal was an attempt to give you some food for thought in a

6 broader sense.

7 JUDGE NOSWORTHY: [Previous translation continues] ... the

8 interpreter, Mr. Milovancevic.

9 JUDGE MOLOTO: Thank you very much, Mr. Milovancevic.

10 You were trying to get on your feet, Mr. Whiting.

11 MR. WHITING: Thank you, Your Honour.

12 I don't recall the date that the Scheduling Order was issued but

13 since it was -- since that date, we on our side have oriented our work and

14 our resources to meet those deadlines.

15 JUDGE MOLOTO: You have been aware of it since the 7th of

16 September.

17 MR. WHITING: Okay. And you'll have noticed that there are only

18 two of us who have been appearing in court and that has been in order to

19 meet those deadlines. And all that to say -- and of course we anticipate

20 that the next few weeks are going to be very intense and very busy. We

21 would be really grateful to have this issue resolved about the deadline

22 immediately because what I would like to avoid is spending the next three

23 weeks killing ourselves getting this thing done to -- only to find that

24 the deadline gets pushed by a month.

25 So if we -- if the Defence could be ordered to file -- if they are

Page 11153

1 going to file a motion for an extension that that be done by tomorrow or

2 by Monday so that we can get a resolution of this immediately so we know

3 and we can plan our work. We are ready to meet the deadline. We will do

4 it.

5 JUDGE MOLOTO: The deadline stands as we speak. Subject to any

6 motions that can be filed by either party to ask for it and it would -- as

7 I said, cogent reasons must be placed before the Court because all these

8 things that we have been talking about are not coming as emergencies.

9 These are things that have been built into the case and they've been

10 known, we've always known that these things -- rebuttal evidence is likely

11 and all those things so -- yeah. We are standing at those deadlines for

12 now until somebody else comes up with an application.

13 Does that conclude this session? Thank you.

14 MR. MILOVANCEVIC: [Interpretation] When do we reconvene, then?

15 Because I don't know at this point when I should be back in court. Could

16 you please give me an answer.

17 JUDGE MOLOTO: Wednesday, the 22nd -- wait a minute. Wait a

18 minute. You are very right, Mr. Milovancevic.

19 [Trial chamber and legal officer confer]

20 JUDGE MOLOTO: A courtroom will be available only on Monday, in

21 the morning, on Tuesday, in the morning, and on the 29th of November in

22 the morning. Now, Monday and Tuesday are before the 22nd of November,

23 which is the date by when responses are supposed to be filed.

24 Yes, Mr. Whiting.

25 MR. WHITING: Whatever date works is fine with us as long, as the

Page 11154

1 formal closing of the case does not become a reason for changing the

2 deadlines for the final brief, which I think the Court has indicated it

3 will not. Regardless of when we sort out these matters and how long they

4 drift for, that is not going to be a reason for changing the deadlines for

5 the final brief. There may be other reasons and so forth but not that.

6 Then if that's the case, then whatever day -- we are in some sense

7 indifferent, whether it's next week or the week after, it doesn't really

8 matter.

9 JUDGE MOLOTO: Well, Courtroom III may be available on the 24th of

10 November too.

11 You understood that, Mr. Milovancevic? All these things, no

12 matter how long they take, can happen but side by side with preparing

13 ourselves to meet the deadline of the 10th or the 11th, whatever the date

14 is, of December.

15 May I then suggest that we adjourn to the 24th of November, in

16 Courtroom III, and we will probably have to confirm this because we are

17 saying it now simply by looking at the availability. We haven't spoken

18 with the relevant people in registry.

19 MR. WHITING: I personally cannot be here that day. But that's

20 fine, Mr. Black will be here.

21 JUDGE MOLOTO: Judge Hoepfel is not available on the 24th when the

22 courtroom is available.

23 MR. MILOVANCEVIC: [Interpretation] Your Honour.

24 JUDGE MOLOTO: Yes, sir.

25 MR. MILOVANCEVIC: [Interpretation] I wanted to ask you if we

Page 11155

1 are -- we have this dilemma whether to reconvene on the 24th or on

2 the 29th. I have some obligations and perhaps it would be best to then

3 set the date of the 29th because then there will be no doubts whatsoever.

4 We will all know that that is the date that we will all come back

5 together.

6 JUDGE MOLOTO: Okay. Is that agreed?

7 Then the matter -- let the matter stand adjourned then to the 29th

8 of November. That will be in the morning at 9.00. I'm not able to say

9 which courtroom at this stage. I'm not quite sure which courtroom is

10 available on the 29th. It looks like we are being sorted out.

11 [Trial Chamber and registrar confer]

12 JUDGE MOLOTO: Sorry about all that, doing -- finding courts when

13 we are supposed to be in court.

14 It looks like it would make sense to adjourn to quarter past 10.00

15 on the 29th of November, in Courtroom III. Okay? 10.15. We shouldn't be

16 long also. We may probably use it for about an hour or so.

17 Okay. If there is nothing else, court adjourned.

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

19 to be reconvened on Wednesday, the 29th day of

20 November, 2006, at 10.15 a.m.