Tribunal Criminal Tribunal for the Former Yugoslavia

Page 54

1 Wednesday, 21 May 2003

2 [Initial Appearance]

3 [Open session]

4 [The accused entered court]

5 --- Upon commencing at 3.42 p.m.

6 JUDGE AGIUS: Good afternoon, ladies and gentlemen. Madam

7 Registrar, could you call the case, please.

8 THE REGISTRAR: Good afternoon, Your Honour. Case number

9 IT-95-13/1-I, the Prosecutor versus Miroslav Radic.

10 JUDGE AGIUS: Before I proceed, Mr. Radic, do I take it that you

11 can hear me or hear -- follow what I am saying in a language that you can

12 understand?

13 THE ACCUSED: [Interpretation] Yes.

14 JUDGE AGIUS: Thank you.

15 Appearances for the Prosecution.

16 MR. WUBBEN: Good afternoon, Your Honour. My name is Jan Wubben,

17 senior trial attorney. At my side you see Ms. Joanne Richardson, lawyer;

18 Kristina Carey, lawyer; and at the very side, Ms. Diane Boles, case

19 manager.

20 JUDGE AGIUS: All right. Thank you. Good afternoon to you.

21 Appearances for Miroslav Radic.

22 MR. BOROVIC: [Interpretation] Good afternoon, Your Honour. I am

23 Borovije Borovic, an attorney from Belgrade, Defence counsel for Miroslav

24 Radic. With me is my assistant, Lea Gerasimovic. Thank you.

25 JUDGE AGIUS: Good afternoon to you too and welcome to this

Page 55

1 Tribunal. I hear this is your first time here. So welcome.

2 We shall now proceed with the Initial Appearance of Miroslav

3 Radic, and this I'm doing pursuant to Rule 62 of the Rules of Procedure

4 and Evidence of this Tribunal. Before I ask -- I put some questions to

5 Mr. Radic, I will just give a very brief outline of how we have arrived to

6 this.

7 The indictment against your client was initially confirmed on the

8 7th of November of 1995, was eventually reconfirmed on the 3rd of April of

9 the subsequent year, 1996, and was then last amended and confirmed on the

10 2nd of December of 1997.

11 On the 7th of November, 1995, and on the 3rd April 1996,

12 international arrest warrants were issued against the accused, Miroslav

13 Radic. Miroslav Radic was transferred to the Detention Unit of this

14 Tribunal last Saturday, that is, May 17th, 2003.

15 The President of this Tribunal, on the 20th of May, issued an

16 order assigning this case to Trial Chamber II, of which I form part. And

17 then the Presiding Judge of Trial Chamber II, on the same day, assigned

18 the case to me, and assigned me as the Pre-Trial Judge in this case. I

19 will elaborate on this also later on, because I'm also the Pre-Trial Judge

20 in the proceedings against Mrksic.

21 Now, Mr. Radic, I am going to address you directly now, but before

22 I do so, I will caution you that you have a right to remain silent if you

23 choose to, although what I will be asking today is by no means

24 prejudicial. And you also have a privilege against self-incrimination. I

25 will be asking you some questions, and then I will also be asking you to

Page 56

1 enter a plea on each of the counts that have been brought against you by

2 the indictment that we will be going through very soon, and that is the

3 last version of the indictment, that is, the one as amended and confirmed

4 on the 2nd of December of 1997.

5 So please stand up. And my very first question to you is a

6 repetition of the same question that I asked you before. I want to make

7 sure that you can follow what I am saying in a language that you can

8 understand, in other words, that you are receiving a proper

9 interpretation.

10 THE ACCUSED: [Interpretation] Yes, everything is in order, Your

11 Honour.

12 JUDGE AGIUS: Could you please give me your full name.

13 THE ACCUSED: [Interpretation] Miroslav Radic.

14 JUDGE AGIUS: Are you also by any chance known or referred to by a

15 nickname? In which case, could we also have your nickname.

16 THE ACCUSED: [Interpretation] Misa.

17 JUDGE AGIUS: When were you born, your date of birth?

18 THE ACCUSED: [Interpretation] On the 10th of September, 1962.

19 JUDGE AGIUS: And where were you born, your place of birth?

20 THE ACCUSED: [Interpretation] I was born in Zemun, a municipality

21 of Belgrade.

22 JUDGE AGIUS: What is the address at which you last resided before

23 you were actually taken into custody, before you were arrested.

24 THE ACCUSED: [Interpretation] The Dva Bela Goluba Street number

25 10, Zvezdara municipality in Belgrade.

Page 57

1 JUDGE AGIUS: I have an interest to know if your family, first,

2 and the embassy of your country, of your state, have been informed about

3 your arrest. So we'll take them one by one. Do the immediate members of

4 your family know of your arrest as well as your transfer to the Detention

5 Unit of this Tribunal?

6 THE ACCUSED: [Interpretation] Yes, Your Honour.

7 JUDGE AGIUS: The same applies, I would take it, to the embassy of

8 your country, the embassy here in The Hague.

9 THE ACCUSED: [Interpretation] Yes, Your Honour.

10 JUDGE AGIUS: Is it your wish or desire to have any member of your

11 family, that is, not yet aware of your presence here in The Hague and of

12 your condition here in The Hague to be notified? Is there anyone else you

13 would like to know?

14 THE ACCUSED: [Interpretation] No.

15 JUDGE AGIUS: Thank you. Please take a seat.

16 THE ACCUSED: [Interpretation] Thank you.

17 JUDGE AGIUS: Now, the Statute of this Tribunal ensures and

18 requires that you will undergo a fair trial, and in order to assure that,

19 there are certain basic principles that have been incorporated in the

20 Statute itself. The registrar will be reading out to you the two main

21 articles from the Statute that relate to these rights that you have and

22 respective responsibilities of the Tribunal and of me, myself, as the

23 Pre-Trial Judge.

24 Madam Registrar, could I ask you to read out slowly Articles 20

25 and 21 of the Statute. Thank you.

Page 58

1 THE REGISTRAR: Yes, Your Honour.

2 Article 20: Commencement and conduct of trial proceedings. The

3 Trial Chambers shall ensure that a trial is fair and expeditious and that

4 proceedings are conducted in accordance with the Rules of Procedure and

5 Evidence, with full respect for the rights of the accused and due regard

6 for the protection of victims and witnesses. A person against whom an

7 indictment has been confirmed shall, pursuant to an order or an arrest

8 warrant of the International Tribunal be taken into custody, immediately

9 informed of the charges against him, and transferred to the International

10 Tribunal.

11 The Trial Chamber shall read the indictment, satisfy itself that

12 the rights of the accused are respected, confirm that the accused

13 understands the indictment, and instruct the accused to enter a plea.

14 The Trial Chamber shall then set the date for trial.

15 The hearing shall be public, unless a Trial Chamber decides to

16 close a proceedings, in accordance with its Rules of Procedure and

17 Evidence.

18 Article 21: Rights of the accused. All persons shall be equal

19 before the International Tribunal. In the determination of charges

20 against him, the accused shall be entitled to a fair and public hearing,

21 subject to Article 22 of the Statute.

22 The accused shall be presumed innocent until proved guilty,

23 according to the provisions of the present Statute.

24 In the determination of any charge against the accused pursuant to

25 the present Statute, the accused shall be entitled to the following

Page 59

1 minimum guarantees in full equality:

2 A) to be informed promptly and in detail in a language which he

3 understands of the nature and cause of the charge against him; B) to have

4 adequate time and facilities for the preparation of his defence and to

5 communicate with counsel of his own choosing; C) to be tried without undue

6 delay; D) to be tried in his presence and to defend himself in person or

7 through legal assistance of his own choosing, to be informed if he does

8 not have legal assistance of this right, and to have legal assistance

9 assigned to him in any case where the interests of justice are required,

10 and without payment by him in any such case if he does not have sufficient

11 means to pay for it; E) to examine or have examined the witnesses against

12 him and to obtain the attendance and examination of witnesses on his

13 behalf under the same conditions as witnesses against him; F) to have the

14 free assistance of an interpreter if he cannot understand or speak the

15 language used in the International Tribunal; G) not to be compelled to

16 testify against himself or to confess guilt.

17 JUDGE AGIUS: Yes. And in addition to what has just been read out

18 to you from Articles 20 and 21 of the Statute, there is another provision

19 contained in Rule 62 of the Rules of Evidence and procedure of this

20 Tribunal which makes it incumbent on me at this very early stage of the

21 proceedings to satisfy myself that your right to counsel is respected. I

22 do notice that you do have counsel here present, and I am informed that

23 counsel has been confirmed for the purposes of this Initial Appearance,

24 and we will talk about what comes later in due course. But for the time

25 being, I am satisfied, do I take it, Mr. Borovic, that you have indeed

Page 60

1 been appointed as counsel to represent him for the purpose of this Initial

2 Appearance for the time being?

3 MR. BOROVIC: [Interpretation] Your Honour, you are quite right.

4 This is a nomination that I have been informed of.

5 JUDGE AGIUS: Okay. Thank you. So let's proceed.

6 Mr. Radic, have you been given -- have you been served with the

7 indictment in the language -- in your own language, the language which you

8 understand?

9 THE ACCUSED: [Interpretation] Yes, I have, Your Honour.

10 JUDGE AGIUS: Did you read it?

11 THE ACCUSED: [Interpretation] Yes, I have.

12 JUDGE AGIUS: And you understand its contents and the nature of

13 the charges that have been brought against you?

14 THE ACCUSED: [Interpretation] Yes, Your Honour.

15 JUDGE AGIUS: Now, in terms of Rule 62 of the Rules of Procedure

16 and Evidence of this Tribunal, you have the right to enter a plea of

17 guilty or not guilty; you also have a right to remain silent if you want

18 to, on each count, either today or within 30 days from today, which is the

19 day of the Initial Appearance. I have to warn you that if you fail,

20 should you fail to enter a plea, either today or within the time limit

21 that I have just mentioned to you, then the Trial Chamber itself, that's

22 me, as the Pre-Trial Judge, shall enter, in accordance with the same Rule

23 62, a plea of not guilty on your behalf. So that is the position. I

24 would like to know whether you have discussed this with Mr. Borovic, your

25 counsel, and whether you are in a position and prepared to plead -- to

Page 61

1 enter a plea to each of the charges today.

2 THE ACCUSED: [Interpretation] Yes, I am ready, Your Honour.

3 JUDGE AGIUS: And you have discussed it with your lawyer?

4 THE ACCUSED: [Interpretation] Yes.

5 JUDGE AGIUS: The next thing I would like to know, or rather,

6 confirm, is that I have been informed by your counsel that you waive your

7 right to have the indictment read out in full today and that you would be

8 satisfied if you are just given a short description of the various counts

9 that have been brought against you. Can you confirm that this is so?

10 THE ACCUSED: [Interpretation] Yes, that's right, Your Honour.

11 JUDGE AGIUS: And as a consequence, therefore, I need to point out

12 that it will not be the entire indictment that will be read out to you,

13 but I will just read out to you the essence of the charges contained in

14 the indictment, in other words, the essence of the various counts which

15 have been brought against you under or by the indictment of the 2nd

16 December of 1997.

17 Having given you a short explanation of what you are charged with

18 in each count, after that, I will ask you whether you wish to enter a plea

19 of guilty or not guilty with regard to that count, and we will proceed

20 accordingly, one count after another. Your answer in each case should be

21 a very short one. It's either guilty or not guilty, as the case may be.

22 If you prefer to remain silent, then you can opt to do so and you will, of

23 course, be able to take advantage of the grace period that has been

24 referred to by me before, but I take it that you will be entering a plea

25 today.

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Page 63

1 So, Mr. Radic, the first count contained in the indictment is

2 charge of wilfully causing great suffering, this being a grave breach of

3 the Geneva Conventions of 1949, punishable under Article 2(c) and Article

4 7(1) and Article 7(3) of the Statute of this Tribunal. If you need any

5 explanation as to what these three articles provide, I will give you that.

6 Do you need a further explanation or do you take what I have explained to

7 you as being sufficient?

8 THE ACCUSED: [Interpretation] I understand what you say, Your

9 Honour.

10 JUDGE AGIUS: Do you plead guilty or not guilty to this count?

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

12 JUDGE AGIUS: The second count against you is one of charge of

13 cruel treatment, a violation of the laws or customs of war, punishable

14 under Article 3 and Articles 7(1) and 7(3) of the Statute of the

15 Tribunal. Again, if you want a description, an explanation of what these

16 articles provide, I will do so; if you don't, we will proceed with the

17 entering of the plea. I take it that I can proceed. How do you plead to

18 this count? Guilty or not guilty?

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

20 JUDGE AGIUS: Thank you, Mr. Radic. The third count is --

21 contains a charge of inhumane acts, being a crime against humanity,

22 punishable under Article 5(i) and Article 7(1) and 7(3) of the Statute of

23 this Tribunal. How do you plead to this count? Guilty or not guilty?

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

25 JUDGE AGIUS: The fourth count is one consisting of a charge of

Page 64

1 wilful killing, a grave breach of the Geneva Conventions of 1949,

2 punishable under Article 2(a) and Article 7(1) and 7(3) of the Statute of

3 this Tribunal. How do you plead to this count? Guilty or not guilty?

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

5 JUDGE AGIUS: Thank you. Fifth count again is a charge -- is a

6 count containing a charge of murder, being a violation of the laws or

7 customs of war, punishable under Article 3 and Article 7(1) and 7(3) of

8 the Statute of this Tribunal. How do you plead to this count? Guilty or

9 not guilty?

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

11 JUDGE AGIUS: And the last count again is one containing --

12 consisting of a charge of murder, being a crime against humanity,

13 punishable under Articles 5(a) and Articles 7(1) and 7(3) of the Statute

14 of the Tribunal. How do you plead to this sixth and final count? Guilty

15 or not guilty?

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

17 JUDGE AGIUS: Please take a seat, Mr. Radic.

18 Madam Registrar, could you please put on record that Mr. Radic has

19 pleaded not guilty to each of the six counts which have been brought

20 against him in the indictment confirmed on the 2nd of December, 1997.

21 I am also hereby instructing the registrar to fix a date for

22 trial, when appropriate. This will be communicated to you and your lawyer

23 in due course, when applicable.

24 I am also providing, ordering, that in the meantime, you will

25 remain in custody, and that is until further orders. I do want to inform

Page 65

1 you, however, that you do have a right to file a motion at any time,

2 requesting your provisional release, and this is pursuant to Rule 65 of

3 the Rules of Procedure and Evidence of this Tribunal. And should you do

4 so, I can assure you that the Trial Chamber will take cognizance of it and

5 decide it with the utmost celerity.

6 I turn to you, Prosecution in this case, to remind you of your

7 duty pursuant to Rule 66 of the Rules of Procedure and Evidence, that you

8 have 30 days within which to disclose to the Defence, in a language which

9 the accused understands, all the supporting material which accompanied the

10 indictment when confirmation was sought.

11 Corresponding to this duty of the Prosecution, you have, in terms

12 of Rule 72(A), a 30-day period for filing any preliminary motions once you

13 have received all the supporting material in accordance with Rule 66.

14 Now, this is where I foresee a little bit of a technical problem, because,

15 Mr. Borovic, until you remain the legal representative of your counsel for

16 the purposes of this Initial Appearance only, I have no way of instructing

17 the prosecuting officer to hand these documents to you, because you will

18 not have a locus standi in these proceedings until and unless your

19 appointment as Defence counsel is proved by the registrar. So I am giving

20 notice more or less a verbal notice to your client, Mr. Radic, of the

21 right he has to have these documents disclosed, and the interest that he

22 may have to ensure that he is provided with proper legal assistance to

23 which he is entitled both under our Rules and under our Statute.

24 I am pointing this out also to the registrar, and it's almost

25 needless for me to highlight the importance that this matter is given

Page 66

1 attention to without any delay, failing which the rights of the accused

2 could be prejudiced.

3 Basically, this means, Mr. Radic, that you can yourself make known

4 to the registrar your wish to be represented without delay, for the

5 purposes of all the proceedings that will follow after today. Today is

6 just the Initial Appearance. I don't know whether you have understood

7 what I said. You have no guarantee that Mr. Borovic will be able to

8 represent you as from the termination of this initial hearing unless and

9 until something is done about it by the registrar. So it's in the

10 interests of both of you to take the necessary actions. And my interest

11 is to bring this out to you and make it known.

12 At this point in time, is there anything that the Prosecution

13 would like to raise?

14 MR. WUBBEN: Thank you, Your Honour. I'd like you to know that we

15 still consider this case to be a joint case as a case against Mrksic and

16 Radic including. It means that now in the Mrksic trial, pre-trial, there

17 is still a ruling on the preliminary motion.


19 MR. WUBBEN: That it means that whenever Prosecution side has a

20 plan to request this Trial Chamber for allow us to file second amended

21 indictment against Radic, including Mrksic, that we shall wait for filing

22 request like this, until Trial Chamber II has decided upon this

23 preliminary motion by the Defence of Mrksic. I'd like to confirm this to

24 you as a further explanation and announcement.

25 JUDGE AGIUS: Yes. And perhaps we are on the same wavelength on

Page 67

1 this, Mr. Wubben. Perhaps I would better explain it a little bit and in

2 some detail, because I'm pretty sure that the Defence is not aware of what

3 happened in the past.

4 Initially, your client, Mr. Borovic, was charged in the same

5 indictment with Mr. Mile Mrksic, Mr. Veselin Sljivancanin, and Mr. Slavko

6 Dokmanovic. You are aware that Mr. Dokmanovic is no longer with us and

7 that the proceedings against Mrksic began, initiated, roughly a year ago.

8 I told you before that I am the Pre-Trial Judge in those proceedings.

9 Now, the proceedings against Mile Mrksic have been undertaken, in

10 one reached the documentation, as if he is the only one accused, and

11 indeed he is the only one accused in those proceedings. But there was

12 never a severance of the three accused from the original indictment. And

13 subsequent to the Initial Appearance, the arraignment of Mr. Mrksic last

14 year, on the 16th of May, if I remember well, 16th of May of last year, in

15 order to make things clear, the chief of court management and support

16 services, in other words, one of the main officers of the registrar, did

17 confirm that the -- all the supporting materials and documents filed in

18 cases IT-95-13 and IT-95-13a, and that is the indictment -- the original

19 indictment and also the indictment that was used for the purposes of the

20 proceedings against Mile Mrksic, shall become part of the trial records in

21 the case of the Prosecutor versus Mile Mrksic, Miroslav Radic, Veselin

22 Sljivancanin, which is henceforth assigned case number IT-95-13-1. So

23 basically for all intents and purposes of law, until there is a decision

24 to the contrary, the case against your client is being considered, at

25 least by me as the Pre-Trial Judge, to be joined with that of Mile Mrksic.

Page 68

1 Now, as you imagine, it happens that today it is just your client

2 who is present in this courtroom, so I will not say more, because one of

3 the other accused, that's Mile Mrksic, is not present, and he will, of

4 course, be given an opportunity in due course to say what he has to say

5 about this. But there is another matter that was raised by the

6 prosecuting officer, Mr. Wubben, and that is precisely that there is

7 something cooking and almost baked in the proceedings against Mrksic which

8 relates directly to his indictment, because there was a request by the

9 Prosecution to amend the indictment against Mrksic. There were some of

10 the original counts which were dropped, and others which were introduced,

11 and therefore we will have to revisit the whole matter after the Trial

12 Chamber which is dealing with the Mrksic case hands down the decision to

13 which Mr. Wubben has referred.

14 For your information, this matter is being given the utmost

15 attention by my staff, and there is one person, legal officer, in

16 particular that has been working on it and should be in a position to

17 provide me with the opportunity to hand down a decision without much

18 delay. You will, of course, be informed later on of this decision, even

19 though you were not part of the proceedings when this was being debated,

20 and you will be given every opportunity to take the matter up, as it may

21 concern you at a later stage when that applies.

22 Having said that, in other words, I'm confirming to you,

23 Mr. Wubben, and I'm confirming to you, Mr. Borovic, that as far as I'm

24 concerned, the two cases will proceed jointly, unless there is a decision

25 to the contrary.

Page 69

1 Yes. I saw you trying to attract my attention, Mr. Wubben.

2 MR. WUBBEN: Your Honour, in addition, I have two other short

3 issues to raise. First issue is that we would like to confirm to you that

4 we are ready to transfer the supporting material to Radic himself, if Your

5 Honour agrees so, and it might be the best to hand it over to him to

6 prevent any misunderstandings. That's the first issue.

7 The second issue is a question from the Prosecution side towards

8 Mr. Radic, towards the accused and his counsel, to be specific, we would

9 like to know when the accused allow us, the Prosecution, investigators, to

10 give us a suspect interview. Thank you.

11 JUDGE AGIUS: Yes. Mr. Radic, I don't know, before I put the

12 question to you, I don't know if you have been informed of this right that

13 the Prosecution has, and whether you have had an opportunity to discuss

14 this with Mr. Borovic.

15 THE ACCUSED: [No interpretation]

16 JUDGE AGIUS: I am not receiving any interpretation.

17 THE INTERPRETER: The interpreters didn't hear him.

18 JUDGE AGIUS: Yes. Could you please repeat, because the

19 interpreters couldn't hear what you were saying. I think your microphone

20 was not switched on.

21 THE ACCUSED: [Interpretation] I'll do that. Your Honour, I have

22 been informed about everything, but I haven't yet had time to discuss this

23 with my legal counsel.

24 JUDGE AGIUS: So what I will do -- can I take it, Mr. Borovic,

25 that you will discuss this with your client, and then inform Mr. Wubben

Page 70

1 accordingly?

2 MR. BOROVIC: [Interpretation] If I may, Your Honour. Let me say a

3 few words regarding the joinder of the case. Of course, I will not state

4 an opinion about that, because we've only just been informed about it, but

5 that will be no problem. Mr. Radic does want me to defend him, but we

6 have been waiting for the formal determination of the registry, so as for

7 us to be able to know when he could be interviewed by the Prosecution, and

8 I would have to be present, as we are familiar with the rules of

9 procedure, and I think that we will be discussing that during today. We

10 are quite ready for the defence. We have been preparing for the hearings

11 for some time. And in cooperation and in coordination with the

12 Prosecution regarding these deadlines, regarding the joinder, and

13 everything else, we can come to a common stand. After this Initial

14 Appearance, Mr. Radic will be informed by the Prosecution when he will be

15 interviewed in the presence of his Defence counsel.

16 JUDGE AGIUS: Does that satisfy you, Mr. Wubben? Is it reasonable

17 enough for you?

18 MR. WUBBEN: Yes. Thank you, Your Honour, and thank you, counsel

19 for Defence.

20 JUDGE AGIUS: And there are rights of the accused related to this

21 kind of interview, which I am sure you are aware of, Mr. Borovic, and

22 which you will intimate to your client, which I don't need to go into now,

23 because they do not form part as such of the process of the Initial

24 Appearance.

25 Before we adjourn, is there anything else you would like to raise,

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Page 72

1 Mr. Borovic, at this stage?

2 MR. BOROVIC: [Interpretation] Your Honour, I think this is quite

3 sufficient for today, this formal discussion that we have had.

4 JUDGE AGIUS: So what remains for me to do is to inform you that,

5 as has been the practice of this Tribunal and as is required by the Rules,

6 I, as the Pre-Trial Judge in this joint case, I will schedule a Status

7 Conference, pursuant to Rule 65 bis (A) in order to facilitate the

8 preparation of the trial. This I will try to do without delay, and you

9 will receive a communication of the exact date fixed for this Status

10 Conference in due course.

11 Before I close, Mr. Radic, is there anything that you would like

12 to say, particularly with regard to your state of health or with regard to

13 the conditions of your detention in the Detention Unit here in The Hague?

14 If you have any concerns or any complaints, please do not hesitate to

15 speak, because I am here to protect you too.

16 THE ACCUSED: [Interpretation] No, Your Honour. For the time

17 being, I'm quite satisfied with the treatment given to me.

18 JUDGE AGIUS: And you do not have any health -- serious health

19 concerns?

20 THE ACCUSED: [Interpretation] No, Your Honour.

21 JUDGE AGIUS: Okay. You may sit down.

22 Anything else before we wind up, adjourn?

23 I thank you all for your cooperation, and the sitting is

24 adjourned. Thank you.

25 --- Whereupon the Initial Appearance

Page 73

1 adjourned at 4.25 p.m.