Tribunal Criminal Tribunal for the Former Yugoslavia

Page 903

1 Wednesday, 29 March 2000

2 [Open Session]

3 [Rule 77 - Judgement]

4 --- Upon commencing at 8.50 a.m.

5 JUDGE ROBINSON: Would the Registrar call the

6 case, please.

7 THE REGISTRAR: Case number IT-95-9-R77.

8 JUDGE ROBINSON: May we have the appearances

9 beginning with the Prosecution?

10 MR. RYNEVELD: If it please the Court. Dirk

11 Ryneveld, Suzanne Hayden, Dan Saxon, and Andrew Powell

12 is our case manager, here in our special capacity at

13 the request of the Chamber to lead evidence in this

14 Rule 77 proceedings.

15 JUDGE ROBINSON: Thank you.

16 MR. HAYNES: Peter Haynes for Avramovic and

17 Simic.

18 MR. AVRAMOVIC: [Interpretation] My name is

19 Avramovic, attorney from Belgrade.

20 MR. NESKOVIC: [Interpretation] Goran Neskovic

21 representing Mr. Steven Todorovic, on behalf of Mr.

22 Brashich.

23 MR. PISAREVIC: [Interpretation] Mr. Pisarevic

24 representing Mr. Zaric.

25 MR. PANTELIC: Igor Pantelic for Miroslav

Page 904

1 Tadic.

2 MR. ZECEVIC: Slobodan Zecevic on behalf of

3 Milan Simic on the merits.

4 JUDGE ROBINSON: This morning the Chamber

5 gives its decision in the contempt proceedings. The

6 Trial Chamber, having considered all the evidence in

7 the Rule 77 proceedings, now delivers its judgement on

8 the allegations of contempt against the two

9 respondents, Milan Simic, an accused before this

10 Tribunal, and his formal lead counsel, Branislav

11 Avramovic.

12 On 7th July 1999, the Chamber issued a

13 scheduling order calling upon Branislav Avramovic and

14 Milan Simic to respond to allegations that each, by his

15 respective acts as set forth in the scheduling order,

16 committed a contempt of this Tribunal by knowingly and

17 wilfully interfering with its administration of justice

18 and by offering a bribe to and interfering with a

19 potential witness with the intention that he should

20 give false testimony before this Tribunal in favour of

21 Milan Simic.

22 As to the first respondent, Branislav

23 Avramovic, the Chamber unanimously finds that the

24 allegations of contempt have not been established

25 beyond a reasonable doubt.

Page 905

1 As to the second respondent, Milan Simic, the

2 Chamber unanimously finds that the allegations of

3 contempt have not been sustained beyond a reasonable

4 doubt.

5 Accordingly, neither respondent is in

6 contempt of this Tribunal.

7 A written opinion stating the reasons for

8 today's decision will follow shortly.

9 That concludes the sitting of the Trial

10 Chamber. The Court now stands adjourned.

11 --- Whereupon the Rule 77 Judgement

12 adjourned at 8.55 a.m.