Tribunal Criminal Tribunal for the Former Yugoslavia

Page 14576

1 Friday, 31 August 2007

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 2.21 p.m.

5 JUDGE AGIUS: Good afternoon, everybody. Good afternoon to you,

6 registrar. You could kindly call the case, please.

7 THE REGISTRAR: Good afternoon, Your Honours. This is case number

8 IT-05-88-T, the Prosecutor versus Vujadin Popovic et al.

9 JUDGE AGIUS: Thank you. For the record, all the accused are

10 here. From the Defence teams I notice the absence of Mr. Haynes,

11 Ms. Condon and that's it, I think. Prosecution, I notice the presence of

12 Mr. McCloskey and Mr. Thayer.

13 All right. Any preliminaries?

14 MR. McCLOSKEY: No, Mr. President, I think we are ready to go.

15 JUDGE AGIUS: Okay. Thank you. Before we proceed, just for the

16 record, we will be proceeding in closed session soon after I finish making

17 this statement, to hear the testimony via videolink of another witness.

18 Before we do so, is it the case of applying Rule 90(E) in this case or

19 not, Mr. McCloskey?

20 MR. McCLOSKEY: No. We have never done that and I don't think

21 there is a need at this point.

22 JUDGE AGIUS: All right. One other question. Have you met with

23 this witness yourself before?

24 MR. McCLOSKEY: I have not.

25 JUDGE AGIUS: I'm asking for a very simple question so that I

Page 14577

1 usually -- I say you've met Mr. McCloskey already but in this case, he

2 hasn't met you, in other words.

3 MR. McCLOSKEY: No, he doesn't know me.

4 JUDGE AGIUS: Okay. All right.

5 We are proceeding pursuant to Rule 15 bis due to the absence of

6 Judge Stole, who tried his best to be with us today but he didn't --

7 wasn't feeling in a condition to continue. So he's gone home and we will

8 be proceeding without him. Okay. Having said that, I think we will now

9 go into closed session.

10 [Closed session]

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10 [Open session]

11 THE REGISTRAR: Your Honours, we are back in open session.

12 JUDGE AGIUS: Merci.

13 So now do you have any -- for the record, we finished with the

14 videolink connection during which we heard the testimony of

15 Witness PW-109. Now, it's time for the break, but if we went wrong with

16 our estimate and there is no further evidence or business to -- evidence

17 to be heard or business to transact, we will need to adjourn.

18 Mr. McCloskey?

19 MR. McCLOSKEY: We could squeeze someone in but I think given that

20 it's Friday and that we are going to have a little time next week, I would

21 prefer and I think everyone would prefer that we adjourn.

22 JUDGE AGIUS: All right. I just want to confirm with the Defence

23 teams that they are au courant with the schedule for next week. Have you

24 been kept informed as to who is giving evidence on Monday and on Tuesday?

25 I am more interested in those two days particularly in view of the issue

Page 14612

1 raised by Madam Nikolic yesterday or the day before.

2 Madam Nikolic, is the arrangement that has been circulated to your

3 satisfaction?

4 MS. NIKOLIC: [Interpretation] It is, Your Honour, thank you very

5 much.

6 JUDGE AGIUS: Yes, Mr. McCloskey?

7 MR. McCLOSKEY: Just we had that one exhibit, the pseudonym sheet,

8 to offer.


10 MR. McCLOSKEY: That's P02877.


12 MR. McCLOSKEY: I've been reminded that we did not put a 65 ter

13 summary for the witness. Perhaps if we could go into private session just

14 out of an abundance of caution. It's 188.

15 JUDGE AGIUS: Yes. Let's go into private session.

16 [Private session]

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11 [Open session]

12 JUDGE AGIUS: [Microphone not activated]

13 THE REGISTRAR: We are back in open session, Your Honour.

14 JUDGE AGIUS: Thank you. Mr. McCloskey, recapitulating, there is

15 no need for you to present a 65 ter summary, there being a consensus that

16 at this point it is not needed. And secondly, the sheet of paper with the

17 name and surname of the last witness is admitted and will be kept under

18 seal.

19 There being no further business to transact, we stand adjourned

20 until Monday, at 9.00 in the morning. Thank you.

21 --- Whereupon the hearing adjourned at 3.53 p.m.,

22 to be reconvened on Monday, the 3rd day of

23 September, 2007, at 9.00 a.m.