Tribunal Criminal Tribunal for the Former Yugoslavia

Page 15929

1 Friday, 8 December 2006

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 9.10 a.m.

5 JUDGE PARKER: Good morning. Unfortunately, Judge Van den

6 Wyngaert, who was sitting yesterday in an appeal, has had to continue with

7 the Appeal Chamber this morning. So we will sit under Rule 15 bis.

8 We must go, I believe, into closed session now for the recall of

9 Witness P002. So if we could close the court and recall the witness.

10 [Closed session]

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11 Pages 15930-16024 redacted. Closed session.















Page 16025

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6 [Open session]

7 MR. BOROVIC: [Interpretation] Your Honours. I think we decided to

8 have the diary admitted into evidence, and the witness just took it away.

9 If it stays with him, it won't be in evidence. I'm not sure if that's a

10 problem or not.

11 JUDGE PARKER: I understood it was already in the custody of the

12 court officer. If not, it will be recovered when we rise. But we will

13 also make an order that at the conclusion of the trial, the diary be

14 returned to the witness. We will have the photocopy which seems to have

15 been of equal value as the original. And it will be, because of its

16 personal significance to the witness, something that should be returned to

17 him. He made this point when he was here last.

18 That brings us now, Mr. Moore, to inquire whether you are in a

19 position to indicate whether we are to have further evidence.

20 THE REGISTRAR: We're back to open session, Your Honours.

21 JUDGE PARKER: Yes, thank you.

22 MR. MOORE: Your Honour, yes, we will be making an application to

23 call additional evidence. There is a matter that is being currently

24 translated or interpreted. That is going to take five days, I checked

25 that this morning, and then clearly, the Prosecution will make an

Page 16026

1 application to call rebuttal evidence on that issue.

2 Can I say there was -- there were two other areas that I was

3 looking into. I don't -- and I mean no discourtesy in any way. In

4 relation to one of them, I will not pursue that point; however, in

5 relation to the other matter, I'm hoping to have a reply on that in the

6 very near future.

7 So the situation is I had hoped that there would be three topics

8 or stroke witnesses. One almost certainly I will know within or three

9 days. The second relates to matters that are being translated, and that

10 will be known precisely -- the contents will be known precisely by the end

11 of next week. However, it would not take a lengthy period of time for the

12 evidence to be called and will easily fall within the time frame that the

13 Court has given.

14 JUDGE PARKER: Thank you for that, Mr. Moore. Clearly, notice

15 needs to be given at the earliest opportunity.

16 MR. MOORE: Very much.

17 JUDGE PARKER: And we have set aside Friday, the 12th of January

18 to Wednesday the 16th, is it, maybe the 17th.

19 MR. MOORE: 17th, I think, yes.

20 JUDGE PARKER: The mathematics of counsel are better than mine.

21 Friday to Wednesday the 17th for the receiving of that additional

22 evidence. And we need to keep within that time frame --

23 MR. MOORE: Yes.

24 JUDGE PARKER: -- because of other commitments.

25 There are one or two matters still the subject of reserve decision

Page 16027

1 by the Chamber, motions for the admission of certain documents. Those

2 decisions will be delivered, I expect, in the course of the coming week so

3 that all those matters should be clear and resolved.

4 Are you standing with some other matter there, Mr. Moore?

5 MR. MOORE: I regret to say I am.

6 There is MFI 69, which is a translation. If I put it in ordinary

7 terms, it was the Vance/Sljivancanin transcript. We had objected to

8 various parts of that until the CLSS revision had been received. In our

9 view, -- well, may I just clarify that in actual fact that it has now been

10 received.

11 Would Your Honour forgive me a moment.

12 So that has not been received as yet and we are chasing that.

13 There is another matter which is MFI 336. And as far as I'm aware, that

14 has now been amended and a word has been added to the transcript, and we

15 agreed to that. So MFI 336, we have no objection to that becoming an

16 exhibit.

17 JUDGE PARKER: There any objection to that, Mr. Lukic.

18 MR. LUKIC: [Interpretation] It was my proposal. We were just

19 waiting for the transcript to arrive. The video has been admitted. This

20 is the conversation between Pavkovic and Borsinger, and this was tendered

21 and admitted when Mr. Kypr was here. This is Exhibit 335. 336 is the

22 transcript that we had been waiting for to be agreed, and so we are on the

23 same track.

24 JUDGE PARKER: So MFI 133 the transcript will now be received in

25 its amended form as Exhibit 133.

Page 16028

1 MR. MOORE: No, it's 336.

2 JUDGE PARKER: The transcript had it at 133.

3 MR. MOORE: I think it's MFI, and the "I" looks like a 1. So I

4 believe it's MFI 336. At least I believe it is the error.

5 JUDGE PARKER: It is now Exhibit 336.

6 Any other matters?

7 MR. LUKIC: [Interpretation] Your Honours, as we told Mr. Moore

8 yesterday, there are two other MFIs also in relation to Mr. Kypr. These

9 documents were marked for identification when Mr. Kypr were here. These

10 are two 1st Military District documents. I think Mr. Vasic were was the

11 one that showed them. And they were just marked for identification at the

12 time, but have not been made exhibits since.

13 By your leave, Your Honours, by next Monday, we would be filing a

14 motion with our arguments in relation to those two MFIs, 330 and 331.

15 These are 1st Military District reports on the activities of the ECMM. I

16 am sure you will remember. The same document of that kind was admitted,

17 no objections from the OTP, but these two drew objections at the time.

18 And for that reason, they were merely marked for identification at the

19 time.

20 The only oral submission that I can make right now based on my

21 memory in terms of substance, in terms of form, these documents are

22 identical to the document that was exhibited and drew no objection from

23 Mr. Moore at the time. If that is all right, we are prepared to submit a

24 written motion about this by next Monday, so the OTP can have a look and

25 the trial can perhaps make a written ruling about that.

Page 16029

1 JUDGE PARKER: If you are in a position to file on Monday, I would

2 hope Mr. Moore will be in a position to respond by Wednesday so that we

3 can decide by Friday.

4 MR. MOORE: I would have thought, with the utmost respect, the

5 better approach would be if I can be shown the documents again, the

6 reference to the transcript, and it may be it won't even require a motion.

7 But if it does, then we will stick by the time table.

8 JUDGE PARKER: Just a written note to say that counsel are

9 agreed --

10 MR. MOORE: Certainly.

11 JUDGE PARKER: -- would enable the document to be entered as an

12 exhibit or the two documents. It's the spirit of agreement that is to be

13 encouraged.

14 Speaking of that, may the Chamber thank you all for your efforts

15 and assistance this year and wish all of you the best for the festive

16 season. And we will look forward to seeing you all in the new year.

17 --- Whereupon the hearing adjourned at 1.49 p.m.,

18 to be reconvened on Friday, the 12th day of January

19 2007