Tribunal Criminal Tribunal for the Former Yugoslavia

Page 9145

 1                           Wednesday, 9 July 2008

 2                           [Open session]

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

 4                           [The accused entered court]

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

 6     case, please.

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

 8     number IT-03-67-T, the Prosecutor versus Vojislav Seselj.

 9             JUDGE ANTONETTI: [Interpretation] [No interpretation].

10             MR. MARCUSSEN:  Your Honour, there's no translation.

11             JUDGE ANTONETTI: [Interpretation] Let me repeat.

12             I was saying that I would like to greet all the representatives

13     of the Prosecution, Mr. Seselj, as well as all the people assisting us in

14     the courtroom.

15             I also added that before bringing the witness in, in closed

16     session, there are two oral decisions I would like to hand down, and then

17     address another topic, but this topic will be addressed in closed

18     session.

19             First, oral decision relating to the lifting of the

20     confidentiality of the transcript of the 3rd of July, 2008.  Given the

21     motion provided by the accused to lift the confidentiality of the

22     transcript, parts of the transcript of the 3rd of July, 2008, given that

23     the Prosecution has not objected to this motion, and at the hearing on

24     the 3rd of July, 2008, the Trial Chamber had indicated that it would

25     state at a latter stage which portions needed to be addressed; given that

Page 9146

 1     the Trial Chamber feels that the confidentiality of the following

 2     portions can be lifted, I shall give you the pages numbers and the lines,

 3     page 8989, lines 18, to page 8990, line 25; page 8991, lines 2 to 14;

 4     and, lastly, still on the same page, page 8991, line 16, to page 8992,

 5     line 17.

 6             The Trial Chamber stipulates that the page numbers -- that the

 7     above-mentioned page numbers refer to the transcript in English.

 8             Second oral decision relating to the motion filed by the accused

 9     pertaining to a reconsideration of the decision taken by the Trial

10     Chamber as regards a status of Witnesses VS-1022 and VS-1024.  This might

11     be a little bit longer than the previous one.

12             Noting the motion filed orally by the accused at the hearing of

13     the 3rd of July, 2008, with a view to asking for the Trial Chamber to

14     reconsider its decision to hear Witnesses VS-1022 and VS-1024, pursuant

15     to Rule 92 ter of the Rules of Procedure and Evidence; noting the

16     response provided by the Prosecution that objects to this motion,

17     reminding that the accused has chosen not to avail himself of his right

18     to cross-examine regarding those witnesses that are 92 ter witnesses;

19     considering that the Trial Chamber would like to remind the accused,

20     first of all, that as far as Witness VS-1022 is concerned, the Trial

21     Chamber had not decided that this witness should be heard pursuant to

22     Rule 92 ter, but had entitled the Prosecution, through its decision of

23     the 7th of January, 2008, to file a new consolidated motion in the

24     present case, which is what the Prosecution did when it filed its motion

25     on the 27th of June, 2008; considering that for this particular Witness

Page 9147

 1     VS-1022, a review of the consolidated statement of the 26th of June,

 2     2008, in light of the criteria applied to this present case and repeated

 3     on several occasions, does not entitle this witness to be heard pursuant

 4     to Rule 92 ter.

 5              Considering, however, that as far as Witness VS-1024 is

 6     concerned, the Trial Chamber had decided, in its decision of the 27th of

 7     February, 2008, to hear this witness pursuant to Rule 92 ter, on the

 8     basis of his statement of the 8th of October, 1998.  And in light of the

 9     fact that the accused has not demonstrated, and let me quote, that "the

10     challenged decision contains a clear error or particular circumstances in

11     the form of facts or new arguments, warrant its reconsideration to avoid

12     an injustice."

13             For the foregoing reasons, the Trial Chamber orders that:

14             A.  Witness VS-1022 shall be heard viva voce, and the parties

15     will each have two hours for examination-in-chief and cross-examination.

16             B.  Witness VS-1024 shall be heard pursuant to Rule 92 ter on the

17     basis of his statement dated the 8th of October, 1998.  The Prosecution

18     will have 30 minutes for its examination-in-chief and the accused one

19     hour for his cross-examination, if he so wishes.

20             In sum, Witness 1022 will be heard viva voce.  The Prosecution

21     will have two hours.  Mr. Seselj will have two hours.  Witness 1024 will

22     be a 92 ter witness.  The Prosecution will have 30 minutes, and

23     Mr. Seselj will have one hour if he wishes to cross-examine this witness.

24     I shall now move on to another issue.  But prior to that, I would like to

25     ask the Registrar to move into private session, please.

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Page 9149











11 Pages 9149-9244 redacted. Closed session.















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11                           --- Whereupon the hearing adjourned at 7.01 p.m.,

12                           to be reconvened on Thursday, the 10th day of July,

13                           2008, at 2.15 p.m.