1. 1 Tuesday, 15th April 1997

    2 (10.00 am)

    3 JUDGE KARIBI-WHYTE: Good morning, ladies and gentlemen.

    4 Mr. Moran, I hear your client is not feeling too

    5 well.

    6 MR. MORAN: Your Honour, I have been informed by the

    7 security personnel for the Tribunal that he was up all

    8 night very sick and the Registry has told me he has been

    9 examined by a physician this morning. The physician does

    10 not want him leaving the detention centre. Apparently he

    11 has influenza and is very weak today.

    12 JUDGE KARIBI-WHYTE: Does this actually affect your

    13 instructions.

    14 MR. MORAN: Your Honour, the problem I have is I am unable

    15 to waive any of my client's rights without his

    16 permission. I have not gotten -- I have not had any

    17 communications with him. I cannot in good conscience

    18 waive his right to be here without getting his

    19 permission to do that.

    20 JUDGE KARIBI-WHYTE: Actually I was trying to find out

    21 whether you knew anything about it, if you had been in

    22 communication with him and to know exactly whether he

    23 thinks you can carry on without him.

    24 MR. MORAN: Your Honour, I have not been in communication.

    25 JUDGE KARIBI-WHYTE: Because it is his right and we

  2. 1 acknowledge that.

    2 MR. MORAN: I have not -- I was informed of it some time

    3 after 9 o'clock this morning by both the Chief of

    4 Security and a representative of the Registry. Your

    5 Honour, you know exactly what I know. I have not been

    6 able to get in touch with my client.

    7 JUDGE KARIBI-WHYTE: We actually are not too sure about the

    8 probable duration of this type of infirmity.

    9 MR. MORAN: Your Honour, I am hoping, since I was very close

    10 to him yesterday in the conference room, that it is

    11 either not very communicable or it is very short.

    12 I think Mr. Beresford from the Registry is sitting out in

    13 the audience. If I could have maybe a minute to go and

    14 confirm with him; he has talked with the physicians. He

    15 is also looking quite embarrassed at this point. May

    16 I be excused for two or three minutes to talk to him?

    17 JUDGE KARIBI-WHYTE: Yes. (Pause).

    18 MR. MORAN: Your Honour, Mr. Beresford has just been in

    19 contact with the detention centre. The prognosis is that

    20 he will not be able to be here today. He will be seen by

    21 medical personnel probably this afternoon and we will

    22 have a good idea of whether or not he can be here

    23 tomorrow some time this afternoon.

    24 JUDGE KARIBI-WHYTE: There is nothing we can do with that,

    25 him not being able to be here.

  3. 1 MR. MORAN: Would the court like me at some point today to

    2 go out to the detention centre and get some

    3 instructions?

    4 JUDGE KARIBI-WHYTE: I think so. That would be a good idea,

    5 to know exactly what to do.

    6 Actually, in the absence of the trial not going

    7 on, I suppose we can do any other business. We have

    8 motions which arrived. We might be able to take one or

    9 two of them. The one I remember is the motion on the

    10 redaction of the statement of the witness. I think we

    11 will be able to take that, because all replies have been

    12 entered. I think we can hear argument on that.

    13 Mr. Ostberg, are you sure you will be able to take that?

    14 MR. OSTBERG: Yes. Ms. McHenry will deal with that.

    15 MS.. McHENRY: Your Honour, with respect to the argument on

    16 this motion, we would ask that it be held in private

    17 session because I believe that talking about the issue

    18 and whether or not it should be part of the public

    19 record -- I believe the discussion should be private.

    20 JUDGE KARIBI-WHYTE: I agree with you.

    21 (In Closed Session)

    22 (redacted)

    23 (redacted)

    24 (redacted)

    25 (redacted)

  4. 1












    13 Pages 1935 to 1956 redacted in closed session













  1. 1 (redacted)

    2 (redacted)

    3 (redacted)

    4 (In Open Session)

    5 MR. OSTBERG: I raise the question of the schedule for the

    6 upcoming days, what is going to happen on Thursday, on

    7 Monday next week, etc. We are in a bit of a confusion

    8 on the side of the prosecution primarily concerning our

    9 witnesses and when we bring them here and when we

    10 produce them, which days we can foresee being trial days

    11 and which days are not to be trial days. If your

    12 Honours have any possibility to enlighten us on that,

    13 I would be very grateful.

    14 JUDGE KARIBI-WHYTE: Have we not already sent out a

    15 notification about the days when we are sitting and when

    16 we are not?

    17 MR. OSTBERG: We have not seen any.

    18 MS. McHENRY: I think we have received a notification that

    19 we are not sitting on Wednesday. I do not know if that

    20 is formal. We have not received notification about

    21 Wednesday but we have heard that we are not sitting

    22 Wednesday. We have received notification about Monday,

    23 yes.

    24 JUDGE KARIBI-WHYTE: Wednesday and Thursday we are sure we

    25 are not sitting.

  2. 1 MR. OSTBERG: Do we know anything about Thursday?

    2 JUDGE JAN: When are the holidays, because there is a

    3 request from some counsel for Muslims; they would like

    4 to go back and celebrate it. We would like to

    5 accommodate them.

    6 JUDGE JAN: The holidays vary. Somewhere it is 17 and

    7 somewhere it is 18. We Muslims cannot agree.

    8 MR. KARABDIC (in interpretation): Your Honours ...

    9 JUDGE KARIBI-WHYTE: Thank you very much. I think in view

    10 of the composition of the accused persons it will not be

    11 desirable to argue any motions which in most cases is

    12 likely to be affected by their interest and

    13 contribution. So for the time being we will have

    14 nothing to do.

    15 Tomorrow two of my colleagues are joining Judge

    16 McDonald in a very interesting argument which they will

    17 hear. I think a lot of amicus curiae have been

    18 invited, I think about 16 of them are likely to be here

    19 -- on the possibility of the Trial Chamber issuing

    20 subpoenas against governments and high governmental

    21 officials. So tomorrow and Thursday, it is likely

    22 those two days these arguments might be on.

    23 Earlier we had already indicated that there is

    24 likely to be, in the interests of the Muslim counsel and

    25 those participating here, the accused persons, a Muslim

  3. 1 holiday for Friday and Monday also. We are not taking

    2 back that. So we still leave it as it is. We are

    3 also praying that during this period no other person

    4 catches influenza and that the person already suffering

    5 it should recover so that we carry on on Tuesday next

    6 week. I think that should be all right for us. That

    7 is the programme for the time being. I hope we will

    8 find a way of avoiding some of these stoppages, because

    9 the earlier we carry on and move efficiently, the better

    10 it will be for everyone.

    11 JUDGE JAN: Otherwise you will be here until Christmas.

    12 JUDGE KARIBI-WHYTE: So the Trial Chamber will now rise.

    13 (11.15 am)

    14 (Hearing adjourned until Tuesday, 22nd April 1997

    15 at 10.00 am)

    16 --ooOoo--