Tribunal Criminal Tribunal for the Former Yugoslavia

Page 153

1 Monday, 1st November, 1999

2 [Initial Appearance]

3 [Open session]

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

5 JUDGE MAY: Yes. Let the Registrar call the

6 case.

7 THE REGISTRAR: Case number IT-95-8-I, the

8 Prosecutor versus Damir Dosen.

9 JUDGE MAY: The appearances, please.

10 MR. NIEMANN: If Your Honours please, my name

11 is Niemann, and I appear with my colleagues Mr. Keegan

12 and Mr. Waidyaratne. Ms. Reynders is the case manager

13 on this case.

14 MR. GREAVES: If it please Your Honour, I

15 appear on behalf of the defendant. My name is Michael

16 Greaves.

17 JUDGE MAY: This matter has been listed --

18 THE INTERPRETER: Microphone, Your Honour,

19 please.

20 JUDGE MAY: This matter has been listed for

21 the initial appearance of this accused.

22 Mr. Greaves, we understand that he does not

23 attend due to injury.

24 MR. GREAVES: Your Honour, yes. I went to

25 the prison this morning in order to see him, and when I

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1 got there, I spoke with Mr. McFadden. He informed me

2 that during the course of the weekend, the defendant,

3 Mr. Dosen, had injured himself whilst engaged in

4 physical activity and was at that stage in bed, on his

5 back, and in receipt of treatment from a doctor, who

6 was satisfied that he had got something wrong with his

7 back and indicated that he was not fit to attend court

8 today.

9 JUDGE MAY: I'm told it was due to playing

10 volleyball.

11 MR. GREAVES: Yes, so I understand.

12 JUDGE MAY: Well, the position is he's not

13 here and obviously can't attend due to his medical

14 condition. I'm told, too, that he could be here next

15 week.

16 MR. GREAVES: Yes. I had a brief discussion

17 with Mr. McFadden. Obviously, he's not the doctor, but

18 he relayed to me what the view was. As a result of

19 that, I was going to suggest, and I hope this is a

20 helpful suggestion, to perhaps aim at 9 o’clock next Monday

21 morning in the hope that we shall be able to do

22 something on that occasion.

23 JUDGE MAY: In fact, the time that we had

24 identified was 2.30, unless that makes any difference

25 to anybody.

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1 MR. GREAVES: It would cause me difficulty

2 because I have another commitment in the afternoon.

3 JUDGE MAY: Yes. Well, all right. I

4 recollect that I'm sitting at half past nine. Is it a

5 case which is going to take very long?

6 MR. GREAVES: No. I was going to make what I

7 hoped was a practical suggestion today, which would be

8 that although he hasn't made his initial appearance, if

9 the material which has to be disclosed could be made

10 available to me fairly promptly, that will enable me

11 to, I hope, shorten matters on Monday very, very

12 quickly, and I would certainly give advice to my client

13 that we needn't go through the business of reading the

14 entire indictment.

15 JUDGE MAY: Yes. The only problem which

16 occurs is the difficulty of finding a court next Monday

17 at 9 o’clock.

18 Mr. Niemann, as far as the Prosecution are

19 concerned, is there any difficulty for next Monday?

20 MR. NIEMANN: No, Your Honour, there's no

21 difficulty.

22 [Trial Chamber confers]

23 JUDGE MAY: Very well. We'll adjourn the

24 matter until Monday, the 8th of November, at 9.00.

25 Mr. Niemann, is there any difficulty in

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1 following the suggested course?

2 MR. NIEMANN: No, Your Honour. We could make

3 this material available tomorrow.

4 MR. GREAVES: Thank you. I thank my learned

5 friend for that. That would be extremely helpful, and

6 then I will undertake, as far as I can, to see that the

7 matter can last only about half an hour, if at all

8 possible.

9 JUDGE MAY: Yes. Now, are there any other

10 matters to which we could deal with today?

11 MR. NIEMANN: No, Your Honour.

12 JUDGE MAY: Mr. Greaves?

13 MR. GREAVES: It's a small practical

14 suggestion. The indictment which I have has no

15 enumeration to the counts on the indictment. They are,

16 as it were, by paragraph, but that's slightly confusing

17 because we start with paragraphs 1 to 10 or 1 to 11,

18 which relate to other matters, and then the counts are

19 contained within individual paragraphs. But the

20 individual counts are not enumerated. I could see that

21 leading to a degree of confusion in due course. I

22 wonder whether my learned friend might care to, and I

23 would be happy to agree in advance, to an amendment to

24 add some numbers.

25 MR. NIEMANN: There may be, if Your Honour

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1 pleases, a number of versions of this indictment.

2 MR. GREAVES: That comes as no surprise.

3 MR. NIEMANN: The version I have has numbered

4 counts, and this is the one that has the blue cover.

5 My friend has that one, but --

6 MR. GREAVES: I've got a pretty blue cover as

7 well.

8 MR. NIEMANN: But mine provides counts 1, 2,

9 3, through to --

10 MR. GREAVES: It may be I need to get back to

11 the file of documents and try again. Thank you very

12 much. I'm grateful to my friend.

13 JUDGE MAY: Very well. This matter is

14 adjourned to next Monday at 9 o’clock.

15 --- Whereupon the Status Conference

16 adjourned at 4.05 p.m., to be reconvened

17 on Monday, the 8th day of November,

18 1999, at 9 a.m.