Tribunal Criminal Tribunal for the Former Yugoslavia

Page 14097

1 Wednesday, 14 February 2007

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 9.02 a.m.

5 JUDGE ANTONETTI: [Interpretation] Mr. Registrar, would you call

6 the case, please.

7 THE REGISTRAR: Morning, president. IT-04-74-T, the Prosecutor

8 versus Prlic et al.

9 JUDGE ANTONETTI: [Interpretation] Thank you, Mr. Registrar, I

10 would like to say good morning on this Wednesday, the 14th of February, to

11 all those in the courtroom, the Prosecution, the Defence counsel, the

12 accused, and everybody else in the courtroom.

13 I'm going to give the floor to the Registrar because we have some

14 IC numbers to hear.

15 THE REGISTRAR: Thank you, Mr. President. The list submitted by

16 the OTP tendered through witness Dzemal Barakovic shall be given number IC

17 406. The list submitted by the OTP, Exhibits tendered through Witness

18 Belkisa Berisa shall be given Exhibit number IC 407. The list submitted

19 by the OTP to be tendered through Witness Demir Elvir -- Demic Elvir shall

20 be given Exhibit number IC 408. The list submitted by 3D of Exhibits

21 through Dzemal Barakovic shall be given Exhibit number IC 409. And the

22 list submitted by 3D of Exhibits tendered through Demic Elvir. Demic

23 Elvir shall be given Exhibit number IC 410. Thank you, Your Honours.

24 JUDGE ANTONETTI: [Interpretation] Thank you, Mr. Registrar. May

25 we go into private session [as interpreted].

Page 14098

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20 [Open session]

21 THE REGISTRAR: [Interpretation] We are in open session,

22 Mr. President.

23 JUDGE ANTONETTI: [Interpretation] I give you back the floor,

24 Mr. Mundis, in open session to tell me about the next witness.

25 MR. MUNDIS: Thank you, Mr. President, Your Honours. We had

Page 14152

1 informed the legal officer and the Defence yesterday that we would make

2 every effort possible to bring tomorrow's witness forward to today at

3 least to complete the direct examination. That has not proven to be

4 possible and feasible. My colleague, Mr. Bos, sent me an e-mail just two

5 minutes ago indicating that he had just finished the proofing, but that

6 the witness was very tired and very hungry, and in addition to that we do

7 need to prepare a proofing note for the Defence, based on what the witness

8 said in response to some of the questions Mr. Bos dealt with him in terms

9 of proofing. So unfortunately we will have to do tomorrow's witness

10 tomorrow, as originally planned. I don't have a more updated estimate of

11 the amount of time, other than the one hour estimate, other than to say of

12 course that we will pursue the usual course, which is to move as

13 expeditiously as possible with respect to the witnesses.

14 JUDGE ANTONETTI: [Interpretation] Very well.

15 MR. MUNDIS: I do, just while I'm on me feet, I also have, and I

16 would ask the usher's assistance in distributing this. I do have a court

17 calendar for the month of March and the period in April to include the

18 week of the 16th, which is immediately after the Easter break. So we now

19 have a court calendar that goes through the 19th of April, and I would ask

20 if copies could be given to each of the Defence teams and the remaining

21 bundle to the legal office and the registry officer, and that would take

22 care of the court schedule as we envisage it right now through the 19th of

23 April, and we will, of course, be providing the exhibits as quickly as

24 we're able to assemble the bundles with respect to the witnesses scheduled

25 for March and April.

Page 14153

1 JUDGE ANTONETTI: [Interpretation] We will have a look at the

2 calendar straight away. Very well. I take note that the expert witness

3 will be back with us on the 26th of March. Is that right?

4 MR. MUNDIS: That's the information that I have based on the

5 inquiries made from the other case in which the expert is scheduled to

6 appear, that the government in question, the Dutch Army, is returning the

7 witness from his deployment to make him available during that week to

8 testify in the other case. And they -- the other trial team had indicated

9 that they would prefer for him to finish his testimony here before -- in

10 our case before he takes the stand in the other case.

11 JUDGE ANTONETTI: [Interpretation] Very well. We will study your

12 schedule, all the planning you've done, carefully. It doesn't appear that

13 there are any problems at first glance with the calendar. I personally,

14 but I'm speaking in my own name, it doesn't concern my colleagues,

15 although they might share my opinion, I haven't had time to discuss the

16 issue with them. In the list, the 65 ter list, there is a list of

17 witnesses, and I have noted that there are witnesses who seem to me to be

18 important ones, and who are not still on the calendar. So we'll discuss

19 this matter up at the Bench to see how to bring in some fundamental

20 witnesses. So that's what I can tell you at this stage, having noted that

21 with respect to the number of witnesses and Article [as interpreted] 92

22 ter, we have rather a large number which means that -- we have got through

23 a large number and we are progressing considerably.

24 Mr. Mundis, would you like to add anything?

25 MR. MUNDIS: If I could just say one last word with respect to the

Page 14154

1 calendar and the schedule. Of course the Prosecution position is that all

2 of the -- of our witnesses are important and I understand the point, that

3 there are some that might be considered relatively more important than

4 others. The schedule, as you see it before you, includes the last, and

5 particularly focusing now on the last three weeks of March, that evidence

6 all relates to -- or principally relates to Vares municipality, which in

7 fact -- or which would therefore allow the Prosecution to complete the

8 presentation, or largely complete the presentation of the viva voce

9 testimony of what's traditionally called the crime base. There are a few

10 international and what might be considered insiders sprinkled along

11 between now and the 19th of April, and, of course, our focus then, with

12 respect to the time remaining available to us after the end of March would

13 be a primarily focus on what is, again, kind of a colloquially known as

14 linkage evidence, which is primarily the testimony of international

15 witnesses, and what might, again, be considered insider witnesses. So the

16 plan that you see before you today in terms of our calendar, would allow

17 us to complete the overwhelming bulk of the crime base evidence by the end

18 of March, and to focus on the linkage evidence in the time that's

19 remaining available to the Prosecution.

20 JUDGE ANTONETTI: [Interpretation] Very well. Just a semantic

21 observation. When I say less important, I of course mean that all the

22 witnesses are important, but I note that if certain witnesses come in,

23 had come in before other witnesses, then we would have gained a greater

24 amount of time. To quote an example, the problems -- the problem of

25 uniforms and weapons that Mr. Praljak raised this morning - I've already

Page 14155

1 said this - had we had witnesses who had come in of a higher rank, whether

2 BiH army or HVO, they could have addressed problems like that, which would

3 have saved us having to go into these matters with other witnesses. So

4 when I -- it -- to my mind there were witnesses who, if they had come in,

5 would have resolved certain issues which we now have to address, since

6 those witnesses haven't appeared. So therefore we have to ask the

7 witnesses that we have in court about these matters. So that's why I said

8 that there were certain witnesses who could have come in, in a different

9 order, that the order of witnesses could have been different. But

10 certainly we'll go back to issues of that kind in due course.

11 It is 11.30. I adjourn the sitting and we reconvene tomorrow

12 morning at 9.00. Thank you.

13 --- Whereupon the hearing adjourned at 11.30 a.m.,

14 to be reconvened on Thursday, the 15th day of

15 February, 2007, at 9.00 a.m.