Tribunal Criminal Tribunal for the Former Yugoslavia

Page 4975

 1                           Tuesday, 13 November 2012

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 9.31 a.m.

 5                           [Trial Chamber confers]

 6             JUDGE ORIE:  Madam Registrar, would you please call the case.

 7             THE REGISTRAR:  Good morning, Your Honours.

 8             This is the case IT-09-92-T, The Prosecutor versus Ratko Mladic.

 9             JUDGE ORIE:  Thank you, and good morning on my behalf as well.

10             Mr. Lukic, I was informed that you would like to respond to

11     the -- if I could say, the late 92 ter motions.  There were three, one a

12     little bit late, the other considerably late.

13             MR. LUKIC:  Yes, Your Honour, if -- if I may.

14             Your Honour, I thank you for this opportunity to address you on

15     the three urgent motions filed by the Prosecution under Rule 92 ter.  We

16     on the Defence side have several concerns we must address.

17             One, in addition to these three motions, we have other responses

18     which are due within the next week.  If we advance the day for these

19     three we will be in a position of having full trial days and reviewing or

20     drafting one or two responses a daily while we -- what we cannot do.

21             Second, as to RM063 we have filed the response last night.  For

22     the other two, we cannot file expedited responses for these -- for the

23     following reasons:  RM165 and RM045, although filed Friday, were not

24     served on the Defence until late yesterday morning.  We have barely had a

25     chance to look at them and both are lengthy.

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 1             Third, RM165 was not even labelled as urgent by the Prosecution

 2     so we had no idea until yesterday's comments.  It is impossible to call

 3     the witnesses next week when the Prosecution has just filed a motion

 4     seeking 61 associated exhibits and two statements for RM165 that we have

 5     not read yet.  Respectfully, we have to insist on a regular 40-day

 6     briefing schedule.

 7             Four, as to the third motion, it too seeks two statements and

 8     part of a transcript to admit it and was filed much less than 30 days

 9     before the witness is scheduled to testify.  That is not the fault of the

10     Defence.  We will try to get the responses done and filed by the end of

11     this week.

12             We are concerned that recently the Prosecution has started filing

13     several motions as urgent that are entirely within their own control and

14     which further strain the ability of the Defence to keep pace with what is

15     needed to be done to keep up with trial.  We are again at a point where

16     every Prosecution filing almost seems to seek exception from the Rules,

17     and we see it as unfair.

18             And that's all we had on this topic, and thank you, Your Honours,

19     for hearing me.  Thank you.

20             JUDGE ORIE:  Thank you, Mr. Lukic.  The Chamber will consider the

21     matter.

22             Mr. Groome would you like to respond at this moment or ...

23             MR. GROOME:  Just briefly, Your Honour.

24             I recognise that Mr. Lukic's position is not unreasonable.  The

25     Prosecution filed these motions on an urgent basis because of a gap that

Page 4977

 1     has opened up next week due in part because a witness, RM110, was

 2     advanced from that week to -- because the Defence took less time

 3     examining a witness and also because one of the witnesses scheduled, the

 4     Prosecution understood its obligations under Rule 68 to require an

 5     inquiry that we had to postpone that witness.  I would just note for the

 6     Chamber that if the Chamber decides, and I think the Chamber would be

 7     reasonable in deciding that the motion should not be decided on an urgent

 8     basis, that there will be a gap next week of one, possibly two days, but

 9     we will inform the Chamber as soon as we have a clearer idea of where we

10     stand.

11             Thank you.

12             JUDGE ORIE:  Yes.  And in anticipation of what the Chamber may

13     do, could you see already whether there's any opportunity to use those

14     days in a -- but that might result in more urgent motions, but there may

15     be viva voce witnesses, there may be very technical witnesses for which

16     not much preparation is needed.

17             I wouldn't know.  But ...

18             MR. GROOME:  I can assure the Chamber that we explored every

19     option, and this was the last resort to file these motions urgently.

20             JUDGE ORIE:  Thank you.

21             Then for the next witness, we move into closed session.

22                           [Closed session]

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 9                           [Open session]

10             THE REGISTRAR:  We're in open session, Your Honours.

11             JUDGE ORIE:  Thank you, Madam Registrar.

12             I have to inform the parties that since there are technical

13     difficulties in Courtroom I, that we have to share this courtroom with

14     another Trial Chamber, and we have tried to accommodate each other.

15     Judges often have their own programmes during the time when we're not

16     sitting, and for that reason, and, exceptionally, because we always try

17     to accommodate Mr. Mladic as well in his wish to sit in the morning

18     hours, that we would have to start tomorrow morning at 9.00 instead of

19     9.30, that we would then continue until a quarter to 2.00 instead of a

20     quarter past 2.00.

21             And for Thursday, the 15th of November, we would sit in the

22     afternoon starting at 4.15 [sic] until 7.00 at night.  Before we finally

23     decide to do this, I would like to hear if there are any major objections

24     by the parties on this new schedule.

25             One second, please.

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 1                           [Trial Chamber confers]

 2             JUDGE ORIE:  When I said 4.15, I have meant 1415.  That means

 3     quarter past 2.00 in the afternoon until 7.00.  That is a full afternoon

 4     session.

 5             Mr. Groome.

 6             MR. GROOME:  Your Honour, I don't believe so.  But I will check

 7     with the witnesses after court and I shall inform by e-mail if there

 8     should be a problem.

 9             JUDGE ORIE:  Mr. Stojanovic.

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17                           [Private session]

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16                           [Open session]

17             THE REGISTRAR:  We're in open session, Your Honours.

18             JUDGE ORIE:  Yes.  We adjourn for the day, and we'll resume

19     tomorrow morning, Wednesday, the 14th of November, at 9.00 in the morning

20     in this same courtroom, III.

21                            --- Whereupon the hearing adjourned at 2.20 p.m.,

22                           to be reconvened on Wednesday, the 14th day of

23                           November, 2012, at 9.00 a.m.