Tribunal Criminal Tribunal for the Former Yugoslavia

Page 24

1 Wednesday, 6 April, 2005

2 [Initial Appearance]

3 [Open Session]

4 [The accused entered court]

5 --- Upon commencing at 4.33 p.m.

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

7 THE REGISTRAR: Yes, Your Honour. Good afternoon, Your Honour.

8 This is the case number IT-03-70-I, the Prosecutor of the Tribunal against

9 Sreten Lukic.

10 JUDGE BONOMY: Thank you. Well, we're here this afternoon to

11 conduct the initial appearance before the Tribunal of Mr. Sreten Lukic,

12 and I address myself, first of all, to Mr. Lukic.

13 Mr. Lukic, can you hear the proceedings so far in your own

14 language?

15 THE ACCUSED: [Interpretation] I can, Your Honour.

16 JUDGE BONOMY: Please be seated.

17 THE ACCUSED: [Interpretation] Thank you.

18 JUDGE BONOMY: May I now take the appearances. First of all for

19 the Prosecution.

20 MR. HANNIS: Thank you, Your Honour. Thomas Hannis for the Office

21 of the Prosecutor. I'm assisted by Christina Moeller on my left, Carolyn

22 Edgerton on my right, and our case manager, Susan Grogan.

23 JUDGE BONOMY: Thank you, Mr. Hannis. And for the accused?

24 MR. KOPPE: Good afternoon, Your Honour, my name is Victor Koppe.

25 I've been assigned by the Registrar.

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1 JUDGE BONOMY: Thank you, Mr. Koppe. Now, Mr. Lukic, could you

2 stand again, please. I would like to clarify formally your identity. Can

3 you state, for the record, first of all, your full name.

4 THE ACCUSED: [Interpretation] I am Sreten Lukic.

5 JUDGE BONOMY: Your date of birth?

6 THE ACCUSED: [Interpretation] I was born on the 28th of March,

7 1955.

8 JUDGE BONOMY: And the address at which you were residing prior to

9 departure to come here?

10 THE ACCUSED: [Interpretation] Belgrade. The street of Banjickih

11 Zrtava number 36, Serbia.

12 JUDGE BONOMY: Have you received an indictment in which you are

13 charged with three other accused, by the names of Pavkovic, Lazarevic, and

14 Djordjevic in a language that you clearly understand?

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

16 JUDGE BONOMY: Are you aware that the indictment contains five

17 separate counts or charges against you?

18 THE ACCUSED: [Interpretation] Yes.

19 JUDGE BONOMY: Thank you. Again, please be seated.

20 THE ACCUSED: [Interpretation] Thank you.

21 JUDGE BONOMY: Now, Mr. Koppe, have you had an opportunity to

22 discuss the terms of the indictment with Mr. Lukic?

23 MR. KOPPE: Your Honour, I spoke to Mr. Lukic this morning, but it

24 was a very brief visit so I have not been able to go into great detail in

25 respect of the contents of the indictment. But I...

Page 26


2 MR. KOPPE: But I have spoken briefly with him about the

3 indictment.

4 JUDGE BONOMY: And is he in a position to tender pleas to the

5 various counts on the indictment today?

6 MR. KOPPE: No, Your Honour, not today. We would like to enter the

7 plea as prescribed in Rule 62, within 30 days from today.

8 JUDGE BONOMY: Do you envisage that you will be acting for him at

9 that stage?

10 MR. KOPPE: I assume that is a possibility, but I cannot say at

11 this stage. So far I'm only appearing for him today, but there might be a

12 possibility I will be appearing for him as well within 30 days, but that

13 is, of course, up to Mr. Lukic to decide.

14 JUDGE BONOMY: Can I take it from what you've said so far that

15 there is no point at this stage in going into the detail of the

16 indictment, that that can be dealt with, insofar as it is necessary, when

17 you are in a position, or someone else in is in a position on his behalf

18 to tender an appropriate plea to each of the charges?

19 MR. KOPPE: Right, Your Honour. That's it.

20 JUDGE BONOMY: Thank you very much.

21 Now, Mr. Hannis, do you see any particular difficulty about

22 continuing the case for the full period of 30 days?

23 MR. HANNIS: No, I don't, Your Honour. We have filed a motion to

24 join the co-defendant General Lazarevic with Milutinovic, Ojdanic and

25 Sainovic. We intended that motion to include this defendant and others

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1 that may appear later on. But I don't think that is a cause to -- that

2 would bar us giving him the 30 days he is allowed under the Rule.

3 JUDGE BONOMY: So if I appoint an adjourned diet of today's

4 procedure for 29 or 30 days hence or thereabouts, you would have no

5 objection to state to that?

6 MR. HANNIS: No, Your Honour.

7 JUDGE BONOMY: Do you have anything else to comment on at this

8 point?

9 MR. HANNIS: Only, Your Honour, I was aware that, through a media

10 report, that this defendant had some health problems. I know it is not a

11 requirement, but I thought it might be appropriate to address those with

12 him at this time and be sure he is getting all the appropriate treatment

13 he needs.

14 JUDGE BONOMY: Now, you can take it, Mr. Koppe, that I will be

15 happy to continue this hearing for the period that you suggest. Is there

16 any other matter that you wish to address me on?

17 MR. KOPPE: Not at this stage, Your Honour.

18 JUDGE BONOMY: Mr. Lukic, could you stand again, please.

19 In a moment, I will fix a date when you will appear again at the

20 Tribunal, probably before me, at which stage it will be necessary for you

21 to tender pleas of guilty or not guilty to the various counts against you.

22 That's the only formal matter now that requires to be dealt with

23 this afternoon. However, this is your opportunity to raise with me any

24 matter that you consider it appropriate to raise at this stage on which

25 you think I am in a position to take action. Is there any such matter?

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1 THE ACCUSED: [Interpretation] Your Honour, there are no particular

2 issues that I would like to raise. The procedure that concerns my health

3 is under the supervision of a doctor, so there is nothing that I have to

4 object to. I have no proposals to make, because on Monday a cardiologist

5 will come and as of Monday he will be monitoring my health condition.

6 JUDGE BONOMY: Thank you very much. Mr. Lukic, please again be

7 seated.

8 THE ACCUSED: [Interpretation] Thank you, Your Honour.

9 JUDGE BONOMY: A date for the continued appearance?

10 [Trial Chamber and legal officer confer]

11 JUDGE BONOMY: Well, what I shall do to bring these proceedings

12 today to a close is to adjourn the initial appearance of Mr. Lukic until

13 Wednesday the 4th of May. There will be a scheduling order issued

14 specifying the time at which that continued appearance will take place.

15 And as I indicated, then, Mr. Lukic, you will require to tender your pleas

16 to the Court. The Court is now adjourned.

17 --- Whereupon the Initial Appearance adjourned

18 at 4.45 p.m, to be reconvened on Monday, the

19 4th day of May, 2005.