Tribunal Criminal Tribunal for the Former Yugoslavia

Page 21312

1 Tuesday, 27 May 2003

2 [Open session]

3 --- Upon commencing at 9.07 a.m.

4 JUDGE MAY: The Detention Unit have sent notice that the accused

5 has a fever and is, therefore, unable to attend today. He will be seen by

6 the doctor later today and we will have a report on his condition, and we

7 will then make a decision as to future hearings this week, if that is

8 possible, in the light of the report, but plainly we can't sit today, and

9 it must be unlikely that we'll sit tomorrow.

10 Yes. That being so, of course this does not count as a sitting

11 day from the hundred days given to the Prosecution.

12 There are two matters I can deal with which are rulings on the 92

13 bis applications made yesterday. We'll consider any other business that

14 anybody thinks appropriate.

15 Let me deal with, first of all, the statements of witnesses

16 B-1455, and 1775. These statements will be admitted under Rule 92 bis

17 subject to the witnesses appearing for cross-examination. These

18 statements do not contain evidence connected with the acts and conduct of

19 the accused. They are crime based and cumulative in the sense already

20 defined by the Trial Chamber in earlier rulings, that is that they relate

21 to events in Zvornik municipality about which much evidence has already

22 been given.

23 In relation to the transcripts of Osman Selak, who has given

24 evidence earlier in two trials, the Trial Chamber will admit those

25 transcripts except for the evidence concerning the political and military

Page 21313

1 command and control structure which evidence must be given live, and on

2 condition that the Prosecution indicate which matter in the transcripts it

3 seeks to rely on.

4 I make it plain that it is a matter of concern to the Trial

5 Chamber that this amount of material should be served on it and the

6 accused without proper indication, as I think was the practice of the

7 Prosecution, if I remember, with the last transcript witness we had,

8 Mrs. Bosanac, that the various passages relied on were marked.

9 We do so for this reason: That for anybody to read that amount of

10 material without a clear guideline as to what is relied on and what is not

11 is a very difficult task and a burden which should not be undertaken

12 unless it can be lightened. And if the Prosecution are going to seek in

13 future to rely on any transcripts, they must clearly mark them from the

14 very outset with the passages on which they rely. It is -- we take the

15 point made by the amicus that it really is very difficult if evidence is

16 not given live to follow it if there is not a clear guide as to what is

17 relevant and isn't.

18 On the other hand, and I speak for myself as I said during the

19 course of argument, it is important in these trials that where possible

20 and where the fairness of the trial is not compromised, that where

21 witnesses have given evidence before under declaration, that such

22 transcripts be used, if possible, but it must be done on the basis that

23 anybody can, with a reasonable amount and not an unreasonable amount of

24 work, understand what the nature of the evidence is.

25 I would also add that the exhibits which have come with this

Page 21314

1 witness are not satisfactorily produced at the moment. They need dividers

2 and numbering and a proper list attached to them. So the Prosecution will

3 see to that too.

4 I deal with those matters. I don't know if there are any other

5 matters which it would be suitable to deal with given that the accused

6 isn't here and can't hear what's said.

7 MR. GROOME: Your Honour, just on the issue of the Selak

8 transcript, a guide to that transcript will be supplied today, and

9 exhibits will be done forthwith.

10 The only request the Prosecution would have, that in the event

11 that we do not sit tomorrow, or it seems that this witness will have to

12 return to his home, the Prosecution would ask for permission to speak to

13 the witness on the limited issue of any security concerns he may have. It

14 is our belief that, given the nature of his testimony and what we know

15 about his situation, that he may have some concerns.

16 [Trial Chamber confers]

17 JUDGE MAY: Yes. Mr. Kay, I have in mind that we have your paper

18 as to the future role of the amicus. I don't know if there's anything

19 further you want to add to that in due course. We have it under

20 consideration. Plainly in the light we haven't dealt with it because we

21 were considering the application on behalf of the Prosecution for an

22 extension, now that we have that information, we will consider your

23 position.

24 MR. KAY: Yes. I understood that, first of all, we would have a

25 decision over the Prosecution's section of the case, how long that was to

Page 21315

1 be, but I thought it was good to put it in in a timely form so that the

2 Trial Chamber, which I'm sure was already looking to the issues ahead, so

3 that we could see that far ahead at least.

4 JUDGE MAY: Yes. I mean, as far as you and Mr. Tapuskovic are

5 concerned, there plainly are a number of months before we get to the end

6 of the Prosecution case.

7 MR. KAY: Yes.

8 JUDGE MAY: Yes. Unless there are any other matters which anybody

9 wants to raise, the Court will adjourn. We may not sit again unless

10 there's good reason to do so, but we will let everybody know as soon as we

11 can what the position is about the next sitting and make a decision, if we

12 can, about the rest of this week as early as possible.

13 We will adjourn.

14 --- Whereupon the hearing adjourned sine die

15 at 9.17 a.m.