060213IA

Page 18

1 Monday, 13 February 2006

2 [Further Appearance]

3 [Open session]

4 [The accused entered court]

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

6 JUDGE BONOMY: Good afternoon, everyone. Would the registrar

7 please call the case.

8 THE REGISTRAR: Good afternoon, Your Honour. This is case number

9 IT-98-32/1-PT, the Prosecutor versus Sredoje Lukic. Thank you.

10 JUDGE BONOMY: Thank you.

11 Well, we're here following an order made -- a decision, rather,

12 issued on the 1st of February in relation to amendment of the indictment

13 as a result of which it's recognised that there are new charges in the

14 indictment that the accused now faces, and in the same decision this

15 appearance was scheduled to give him the opportunity to tender pleas now

16 to the indictment as amended.

17 May I first of all take the appearances for the parties. For the

18 Prosecution.

19 MR. HARMON: Good afternoon, Your Honour. Mark Harmon and Fergal

20 Gaynor appearing for the Prosecution. Lise-Lotte Karlsson is the case

21 manager.

22 JUDGE BONOMY: Thank you, Mr. Harmon.

23 And for the accused.

24 MR. CEPIC: Good afternoon, Your Honour. I'm Djuro Cepic, Defence

25 counsel for Mr. Sredoje Lukic.

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1 JUDGE BONOMY: Thank you, Mr. Cepic.

2 MR. CEPIC: Thank you, Your Honour.

3 JUDGE BONOMY: Now, the amendment to the indictment is fairly

4 clear, but because of the way parts of it are worded there are

5 complexities that I think can only be adequately dealt with if Mr. Lukic

6 tenders pleas afresh to every charge on which he is indicted. So --

7 MR. CEPIC: Your Honour, I think that he's ready to --

8 JUDGE BONOMY: Yes. So what I propose to do, though, is in due

9 course invite the court deputy to go through --

10 MR. CEPIC: Thank you.

11 JUDGE BONOMY: -- each of the charges in a very summarised form and

12 to ask the accused whether he pleads guilty or not guilty, and that form

13 will cover every one of the charges on which he appears to avoid doubt as

14 to what his decision might be. Now, do you accept that that's the

15 appropriate course to follow?

16 MR. CEPIC: Yes, Your Honour.

17 JUDGE BONOMY: And it is obviously his right if he wishes to have

18 the whole indictment read out publicly here. Do you wish to do that or

19 are you happy to take the indictment as read and to consent to proceeding

20 straight to the summary of each charge and the tendering of a plea?

21 MR. CEPIC: Your Honour, I think that second option -- I think

22 that second option is much better, much easier for all, because my client

23 got already -- has got already indictment, Second Amended Indictment.

24 JUDGE BONOMY: Thank you very much, Mr. Cepic.

25 Now, would the registrar just read the specific element in respect

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1 of each count and invite the accused to tender his plea, in other words,

2 to ask him whether he pleads guilty or not guilty.

3 Mr. Lukic, could you stand, please? Each of the charges will be

4 read to you in a summary form and you will be asked to whether you plead

5 guilty or not guilty or you should respond to that question each time it

6 is put to you. Do you understand that?

7 THE ACCUSED: [Interpretation] Yes.

8 JUDGE BONOMY: Thank you very much. Carry on, please.

9 THE REGISTRAR: Count 1, persecutions, a crime against humanity.

10 Do you plead guilty or not guilty?

11 THE ACCUSED: [Interpretation] Not guilty, Your Honour.

12 THE REGISTRAR: Count 8, extermination, a crime against humanity.

13 Do you plead guilty or not guilty.

14 THE ACCUSED: [Interpretation] Not guilty Your Honour.

15 THE REGISTRAR: Count 9 murder a crime against humanity. Do you

16 plead guilty or not guilty.

17 THE ACCUSED: [Interpretation] Not guilty, Your Honour.

18 THE REGISTRAR: Count 10, murder, a violation of the laws or

19 customs of war. Do you plead guilty or not guilty?

20 THE ACCUSED: [Interpretation] Not guilty, Your Honour.

21 THE REGISTRAR: Count 11, inhumane acts, a crime against humanity.

22 Do you plead guilty or not guilty?

23 THE ACCUSED: [Interpretation] Not guilty, Your Honour.

24 THE REGISTRAR: Count 12, cruel treatment, a violation of the laws

25 or customs of war. Do you plead guilty or not guilty?

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1 THE ACCUSED: [Interpretation] Not guilty, Your Honour.

2 THE REGISTRAR: Extermination, a crime against humanity, count 13.

3 Do you plead guilty or not guilty?

4 THE ACCUSED: [Interpretation] Not guilty, Your Honour.

5 THE REGISTRAR: Count 14, murder, a crime against humanity. Do

6 you plead guilty or not guilty?

7 THE ACCUSED: [Interpretation] Not guilty, Your Honour.

8 THE REGISTRAR: Count 15, murder, a violation of the laws or

9 customs of war. Do you plead guilty or not guilty?

10 THE ACCUSED: [Interpretation] Not guilty, Your Honour.

11 THE REGISTRAR: Count 16, inhumane acts, a crime against humanity.

12 Do you plead guilty or not guilty?

13 THE ACCUSED: [Interpretation] Not guilty, Your Honour.

14 THE REGISTRAR: Count 17, cruel treatment, a violation of the laws

15 or customs of war. Do you plead guilty or not guilty?

16 THE ACCUSED: [Interpretation] Not guilty, Your Honour.

17 THE REGISTRAR: Count 20, inhumane acts, a crime against humanity.

18 Do you plead guilty or not guilty?

19 THE ACCUSED: [Interpretation] Not guilty, Your Honour.

20 THE REGISTRAR: Count 21, cruel treatment, a violation of the laws

21 or customs of war. Do you plead guilty or not guilty?

22 THE ACCUSED: [Interpretation] Not guilty, Your Honour.

23 JUDGE BONOMY: Thank you, Mr. Lukic. You may be seated.

24 In light of these pleas, the registrar will appoint a trial date

25 in due course. The other consequences of the amendment of the indictment

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1 are dealt with in the decision which was filed on the 1st of February.

2 That brings the proceedings here this afternoon to an end.

3 Mr. Lukic, you will meanwhile remain in the custody of the

4 Tribunal.

5 This hearing is now adjourned.

6 --- Whereupon the Further Appearance adjourned

7 at 2.40 p.m.