Tribunal Criminal Tribunal for the Former Yugoslavia

Page 22480

1 Wednesday, 19 September 2007

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 2.15 p.m.

5 JUDGE ANTONETTI: [Interpretation] Registrar, kindly call the case,

6 please.

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

8 IT-04-74-T, the Prosecutor versus Prlic et al. Thank you, Your Honours.

9 JUDGE ANTONETTI: [Interpretation] Thank you, registrar.

10 I would like to greet all the people present in the courtroom, the

11 representatives of the Prosecution, Defence counsel, the accused, as well

12 as all the people present in this courtroom.

13 The Trial Chamber will hand down a few oral decisions pertaining

14 to applications made by the Defence. I shall read it out slowly.

15 Oral decision relating to a number of applications made by the

16 Defence with a view to being granted extension of time.

17 On the 18th of September, 2007, the Defence applied orally before

18 the Chamber to consider as a priority the application filed on the 4th of

19 September relating to abuse of process on the part of the Prosecution.

20 The Defence has also applied for a suspension of response deadlines to the

21 motions filed by the Prosecution referred to in its application of the 4th

22 of September. The Prosecution did not object.

23 The Trial Chamber has decided to consider the application of the

24 4th of September as a priority. However, it does not grant the oral

25 application made by the Defence pertaining to a suspension of response

Page 22481

1 time to the mentioned -- above-mentioned motions. The Trial Chamber

2 recalls that it has already granted extension of time, substantial

3 extension of time, when responses were to be made.

4 Also, on the 18th of September, 2007, the Defence applied for an

5 extension of time to respond to the Prosecution's motion of the 11th of

6 September, 2007, applying for the admission of 28 exhibits. The

7 Prosecution, however, did not object. The Trial Chamber notes on a

8 preliminary basis that it seems that some of the documents referred to in

9 the motion should be shown to the witnesses during the hearing. In light

10 of the progress of the Prosecution's case, this motion will also be

11 considered as a priority by the Trial Chamber.

12 Consequently, the Trial Chamber cannot grant the application for

13 extension of time and dismisses the motion.

14 In addition, at yesterday's hearing the Defence applied for an

15 extension of time to respond to the Prosecution's motion of the 10th of

16 September, 2007, asking for the admission of written statements and

17 transcripts pursuant to Rule 92 bis of the Rules of Procedure and Evidence

18 relating to the Heliodrom. The Prosecution did not object.

19 The Trial Chamber grants an extension of two weeks until the 8th

20 of October, 2007.

21 Lastly, the Trial Chamber notes that on the 18th of September,

22 2007, the Prosecution filed a confidential motion asking for a particular

23 witness to be heard by videolink. The Trial Chamber is asking the Defence

24 to respond to this motion by next Monday at the latest, Monday the 24th of

25 September, 2007.

Page 22482

1 So much for the decisions which have been handed down.

2 I will now ask the usher to drop the blinds, and I shall give the

3 floor to the registrar so that we can have an IC number.

4 THE REGISTRAR: Thank you, Your Honour. One of the parties have

5 submitted list of objections to document tendered by the OTP through

6 Witness E. The list of documents submitted by 5D shall be given Exhibit

7 number IC 665. Thank you, Your Honour.

8 JUDGE ANTONETTI: [Interpretation] Thank you, registrar.

9 Let's move back into closed session.

10 [Closed session]

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18 [Open session]

19 JUDGE ANTONETTI: [Interpretation] Could the usher please raise the

20 blinds.

21 THE REGISTRAR: Your Honours, we're in open session now.

22 JUDGE ANTONETTI: [Interpretation] Yes. We're in open session.

23 Mr. Scott, we have just completed the programme of the week. For next

24 week we have a witness? There is no problem there?

25 MR. SCOTT: Good afternoon, Your Honours, Mr. President. That's

Page 22567

1 correct. We have a witness. We have one witness who is scheduled for

2 next week and it just depends on if we wind up taking the full week or

3 not, but he is -- everything is arranged and he will be here.

4 JUDGE ANTONETTI: [Interpretation] Thank you. Let me also indicate

5 that the week of the 1st October, 1st, 2nd, and 3rd of October we will be

6 having our hearing in the afternoon, but there's another trial that has

7 been cancelled for lack of witnesses, so it could occur that we have our

8 hearing Monday afternoon and then the following days, Tuesday, Wednesday,

9 Thursday, in the morning, which would mean 9.00 to 12.30, followed by a

10 break between 12.30 and 2.30, and then work from 2.30 to 5.00. This would

11 give us a little bit more time during that week. I'm just letting you

12 know. Mr. Scott, I know that the legal officer had drawn your attention

13 to that possibility and you will have to plan for the witnesses

14 accordingly. That's what I wanted to inform you of.

15 We still have a few more minutes left. Does the Defence have any

16 comments to make? Mr. Karnavas, who has been very quiet today.

17 MR. KARNAVAS: I have. I just have one question and that's for

18 next week. As I understand it, it's three days for this witness. That's

19 what the Court has allowed, or am I to -- did I misunderstand, that it

20 could be up to four days?

21 JUDGE ANTONETTI: [Interpretation] No. Let me answer immediately.

22 The Prosecutor had planned for three days. Three days. And the fourth

23 day we will not have a hearing, but as far as I'm concerned there will be

24 a pre-trial -- a status hearing, and so I will be busy the fourth day

25 given that the Prosecution had only planned for three days for that

Page 22568

1 witness.

2 MR. KARNAVAS: I just wanted some sort of [Microphone not

3 activated]

4 MR. SCOTT: Your Honour, if I was not clear I apologise. I

5 meant -- you're absolutely right. I mean that We expected the witness to

6 be three days but unexpectedly if it went over we would have the fourth

7 day but I don't expect that. I don't think anyone expects that to happen.

8 JUDGE ANTONETTI: [Interpretation] No further questions? In that

9 case I'd like to thank you and we shall meet again on Monday at a quarter

10 past 2.00.

11 --- Whereupon the hearing adjourned at 6.48 p.m.,

12 to be reconvened on Monday, the 24th day

13 of September, 2007, at 2.15 p.m.