Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Thursday, 9 June 2011

 2                           [Status Conference]

 3                           [Open session]

 4                           [The appellants entered court]

 5                           [The Appellant Gvero not present]

 6                           --- Upon commencing at 10.31 a.m.

 7             JUDGE ROBINSON:  Will the Registrar call the case, please.

 8             THE REGISTRAR:  Good morning, Your Honour.  This is case

 9     IT-05-88-A, the Prosecutor versus Vujadin Popovic et al.

10             JUDGE ROBINSON:  And may I have the appearances, beginning with

11     the Prosecution.

12             MS. ALLAN:  Good morning, Your Honour.  My name is Kate Allan,

13     appearing for the Prosecution.  I'm here with my co-counsel

14     Francois Boudreault and our Case Manager Janet Stewart.

15             JUDGE ROBINSON:  Yes.  Thank you very much.

16             And for the Defence for Mr. Popovic.

17             MR. ZIVANOVIC:  Good morning, Your Honour.  I'm Zoran Zivanovic.

18     On my right is Ms. Mira Tapuskovic, co-counsel.

19             JUDGE ROBINSON:  Thank you very much.

20             For Mr. Beara.

21             MR. OSTOJIC:  Good morning, Your Honour.  My name is

22     John Ostojic.  I'm here for Mr. Ljubisa Beara.

23             JUDGE ROBINSON:  Thank you.

24             And for Mr. Nikolic.

25             MS. NIKOLIC:  Good morning, Your Honour.  I'm Jelena Nikolic, and

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 1     I represent Mr. Drago Nikolic.

 2             JUDGE ROBINSON:  Thank you.

 3             Mr. Miletic.

 4             MS. FAUVEAU:  Good morning, Your Honour -- [Microphone not

 5     activated].

 6             JUDGE ROBINSON:  Thank you.

 7             Mr. Pandurevic.

 8             MR. HAYNES:  Your Honour, hiding behind the pillar, I'm

 9     Peter Haynes, and I've got with me my legal assistant Kinga Tibori.

10             JUDGE ROBINSON:  Yes, we are able to see you, barely.

11             MR. HAYNES:  I'm glad about that.

12             JUDGE ROBINSON:  I note that Mr. Gvero is also here.

13             Before I hear from the appellants as to anything that they might

14     have to say, there are some matters that I will deal with.

15             First, in relation to the briefing process, there's one public

16     redacted version of an appeal brief to be filed and that is the appeal

17     brief on behalf of Mr. Beara.  At the last Status Conference, I set the

18     date of the 11th of April, 2011, for the public redacted version of the

19     appeal briefs to be filed.

20             Mr. Ostojic, I note that you didn't file the public redacted

21     version until the 27th of April and even then it included confidential

22     information which required the Registry to remove it from public access.

23     I understand that you have been reminded by the Prosecution and the

24     Registry of your need to file the corrected public redacted version.  Is

25     there any explanation for that, Mr. Ostojic?

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 1             MR. OSTOJIC:  Mr. President, we felt that we filed a proper

 2     public redacted version.  Then there were some e-mail correspondence that

 3     I did not receive for some reason, so there was a miscommunication most

 4     probably on my part.  We're looking into it.  I saw an e-mail today that

 5     they put it on the agenda.  When we communicated about this

 6     Status Conference, it was not brought to my attention, otherwise I would

 7     have endeavoured to try to file it before the Status Conference today.  I

 8     don't know what the problem was, to be candid with the Court.  And I'll

 9     look into it further and make sure that it gets done as soon as possible.

10             JUDGE ROBINSON:  In any event, not later than a new dead-line

11     that I will set, which is one week from today.  Thank you.

12             MR. OSTOJIC:  Thank you.

13             JUDGE ROBINSON:  With respect to the response and reply briefs,

14     the dead-line for the filing of response briefs was the

15     4th of April, 2011; and for reply briefs, the 2nd of May, 2011.  Only one

16     filing required a decision by me as Pre-Appeal Judge, that being a

17     26th of May decision granting Mr. Nikolic, Nikolic's motion for leave to

18     file a reply brief.

19             Response and reply briefs of all appellants were filed, with one

20     exception; there was no response brief filed on behalf of Mr. Beara.

21     What remains, however, is to file the public redacted versions of the

22     response and reply briefs.

23             Response briefs for the Prosecution, Mr. Popovic, Mr. Nikolic,

24     and Mr. Pandurevic were filed confidentially and I will now set a date of

25     the 30th of June, 2011, for filing of the public redacted versions with


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 1     the Registry.

 2             Counsel for Mr. Nikolic also accompanied the confidential

 3     response with a filing of a confidential book of authorities.  That book

 4     of authorities will likewise require filing of a public redacted version

 5     on the 30th of June, 2011.

 6             Reply briefs were filed confidentially by the Prosecution and all

 7     Defence appellants, and I now set a date of the 7th of July, 2011, for

 8     filing of the public redacted versions with the Registry.

 9             May we move now into private session.

10                           [Private session]

11   (redacted)

12   (redacted)

13   (redacted)

14   (redacted)

15   (redacted)

16   (redacted)

17   (redacted)

18   (redacted)

19   (redacted)

20   (redacted)

21   (redacted)

22   (redacted)

23   (redacted)

24   (redacted)

25   (redacted)

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11 Page 15 redacted. Private session.















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 1   (redacted)

 2   (redacted)

 3   (redacted)

 4   (redacted)

 5                           [Open session]

 6             THE REGISTRAR:  Your Honour, we are back in open session.

 7             JUDGE ROBINSON: [Microphone not activated] Just one matter for

 8     correction.  I indicated Mr. Gvero's presence, I meant to say his counsel

 9     is present.

10             THE INTERPRETER:  Microphone, please.

11             MR. KRGOVIC:  Just to introduce myself:  Dragan Krgovic, lead

12     counsel for General Gvero, and on my right side is

13     Miroslav Cuskic [phoen], legal assistant.

14             JUDGE ROBINSON: [Microphone not activated] Thank you very much.

15             May I now ask the appellants whether they have anything to say in

16     relation to their conditions of detention or their health or indeed in

17     relation to any other matter affecting the appeal.

18             I begin:  Mr. Popovic.  Mr. Popovic, may I ask whether you have

19     anything to say.

20             THE APPELLANT POPOVIC: [Interpretation] No, no.

21             JUDGE ROBINSON:  Thank you, Mr. Popovic.

22             Mr. Beara.

23             THE APPELLANT BEARA: [Interpretation] Likewise, like Popovic,

24     nothing.

25             JUDGE ROBINSON:  Thank you, Mr. Beara.


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 1             Mr. Nikolic.

 2             THE APPELLANT NIKOLIC: [Interpretation] Mr. President, I have

 3     nothing to raise.

 4             JUDGE ROBINSON:  Thank you very much.

 5             Mr. Miletic.

 6             THE APPELLANT MILETIC: [Interpretation] Mr. President, I have

 7     nothing to raise.

 8             JUDGE ROBINSON:  And Mr. Pandurevic.

 9             THE APPELLANT PANDUREVIC: [Interpretation] Your Honour, the

10     detention conditions are good, my health is good.  Thank you.

11             JUDGE ROBINSON:  Thank you very much.

12             May I ask whether there is any other matter that counsel for the

13     Prosecution or indeed any other counsel might wish to raise.

14             MS. ALLAN:  Your Honour, we have nothing additional to raise.

15             JUDGE ROBINSON:  Well, I take it counsel for the Defence have

16     nothing to raise either.  That being the case, the hearing is adjourned.

17                           --- Whereupon the hearing adjourned at 10.45 a.m.