Tribunal Criminal Tribunal for the Former Yugoslavia

Page 5315

 1                           Tuesday, 10 March 2009

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 2.19 p.m.

 5             JUDGE ROBINSON:  Who is it that wants to raise a preliminary

 6     matter?

 7             Mr. Groome.

 8             MR. GROOME:  Yes, Your Honour.  Just briefly.

 9             Last week when the Defence filed that very large motion with

10     respect to -- to some recent discoveries that they made, the decision by

11     the Chamber as I recall it was to -- that the filings remain confidential

12     until such time -- at a later time the Chamber would decide what would be

13     made public.  On Friday that original filing was withdrawn and a new

14     filing published in its place that is now public.  And I'm not sure

15     whether the Chamber has already directed the Registry to extend its

16     ruling over that new filing, but I would ask that the Chamber for the

17     same reasons I articulated last week to -- to give some consideration for

18     the same reasons that I articulated last week to maintaining that

19     document or those filings be confidential until the Chamber issues its

20     decision on it.  I do note that someone sent me a -- a newspaper clipping

21     this morning.  Apparently the news of this has already leaked out and has

22     caused some tremendous upset down in the region, people who believe

23     that -- that some new information exists about people they love.  So I

24     would ask the Chamber to be sensitive to that and perhaps extend its

25     ruling.

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 1             The other thing, Your Honour, I would ask is that it was a very

 2     lengthy motion.  The Chamber only gave us a day and a half to respond to

 3     it.  It was quite a bit of work to accomplish that.  Then it was

 4     subsequently withdrawn, a new filing of 107 pages in its place.  The

 5     Prosecution would appreciate at least a track changes version or some

 6     indication about what's different about this new filing and some guidance

 7     about -- from the Chamber with respect to when it expects a new response

 8     and what's the status of the original response that the Prosecution filed

 9     last week.  Thank you.

10                           [Trial Chamber and legal officer confer]

11             JUDGE ROBINSON:  I'll consider the matters you've raised,

12     Mr. Groome, and give and indication later today.

13             Let the witness be called.  Closed session.

14                           [Closed session]

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 7                           --- Whereupon the hearing adjourned at 2.46 p.m.,

 8                           to be reconvened on Wednesday, the 11th day

 9                           of March, 2009, at 2.15 p.m.

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