Tribunal Criminal Tribunal for the Former Yugoslavia

Page 4017

 1                           Monday, 8 March 2010

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 2.23 p.m.

 5             JUDGE ORIE:  Good afternoon to everyone.

 6             Madam Registrar, would you please call the case.

 7             THE REGISTRAR:  Good afternoon, Your Honours.  Good afternoon

 8     everyone in and around the courtroom.  This is case number IT-03-69-T,

 9     the Prosecutor versus Jovica Stanisic and Franko Simatovic.

10             JUDGE ORIE:  Thank you, Madam Registrar.

11             Is the Prosecution ready to call its next witness?

12             MR. WEBER:  Good afternoon, Mr. President, Your Honours.

13             Adam Weber on behalf of the Prosecution.  At this time the

14     Prosecution calls JF --

15             JUDGE ORIE:  Yes.

16             MR. WEBER:  I believe there's a pending matter, then, with

17     respect to this witness.

18             JUDGE ORIE:  Yes.  There is a pending request for protective

19     measures.  The request is granted, which means that we will hear the

20     testimony of the witness in closed session.  Reasons to be put on the

21     record later.  Then we turn into closed session.

22                           [Closed session]

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17                           [Open session]

18             THE REGISTRAR:  We are in open session, Your Honour.

19             JUDGE ORIE:  Thank you, Madam Registrar.

20             First, the map binder, the 22 maps have been uploaded, therefore,

21     P258 is admitted into evidence.  The next matter we have to move into --

22     let me first ask you, Mr. Stanisic, you have asked to be able to address

23     the Chamber for five minutes.  We delayed that last week because the

24     Chamber was not complete.  Would you like to do that in open session or

25     in private session?

Page 4072

 1             THE ACCUSED STANISIC: [Interpretation] Your Honours, in private

 2     session.

 3             JUDGE ORIE:  Then we move into private session.

 4                           [Private session]

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 6                           [Open session]

 7             THE REGISTRAR:  We are in open session, Your Honour.

 8             JUDGE ORIE:  Thank you, Madam Registrar.

 9             I would like to deal with the request for reconsideration, and I

10     want to put on the record first how this all developed.

11             On the 11th of February, the Simatovic Defence filed a request

12     for adjournment seeking that the proceedings in this case would be

13     adjourned between the 1st of March and the 12th of April in order to

14     adequately prepare for the continuation of the proceedings.

15             On the 15th of February, the Prosecution filed its response

16     stating that it relied on the Chamber's discretion in ruling upon the

17     adjournment request, but also drew the Chamber's attention to what it

18     described as several important considerations.  Also on the 15th of

19     February, the Stanisic Defence informally notified the Chamber and the

20     other parties via e-mail correspondence that it did not oppose the

21     adjournment request.

22             During the hearing of the 17th of February, the Simatovic Defence

23     was granted leave to provide a reply and replied orally in the course of

24     that hearing.  On the 19th of February, the Chamber notified the parties

25     via e-mail of the Legal Officer, that it granted the Simatovic

Page 4079

 1     adjournment request in part and ordered that the hearings scheduled

 2     during the weeks beginning the 22nd of March, 29th of March, and 5th of

 3     April be cancelled.  The written decision was filed on the 23rd of

 4     February.

 5             On the 22nd of February, the Simatovic Defence asked the Chamber

 6     to reconsider it's decision and asked that the hearings of the week of

 7     the 15th of March, 2010, also be cancelled.  Then on the 26th of

 8     February, the Chamber informed the parties via an e-mail which was sent

 9     by the Legal Officer.  Already on the 3rd of March the substance of this

10     e-mail of the 26th of February has been put on the record.  We stated

11     that the Chamber will not insist in calling witnesses during the week of

12     the 15th of March if the additional day last week had compensated for the

13     loss.  I'll not repeat everything, but the system was, finish the second

14     witness of this week in time and be compensated for one day -- for the

15     three days, we said, last week, then the Chamber will not insist on

16     calling another witness for this one day.  That was the gist of it.

17             Now, during the week of the 1st of March, the parties further

18     liaised and finally identified one potential witness that they agreed

19     could be heard as the second witness for the week of the 8th of March.

20     The Chamber in co-ordination with the victims and witness section tried

21     to secure the attendance of this witness.  However, given the short

22     notice, the victims and witness section did not manage to enter into

23     contact with the witness and secure his appearance for Tuesday the 9th of

24     March.

25             Because no other witness could be identified to testify after

Page 4080

 1     witness JF-015, witness JF-015 will be the last witness to be heard

 2     before the adjournment already granted by the Chamber.  The Chamber,

 3     therefore, informs the parties that the hearings originally scheduled for

 4     the 17th and the 18th of March are hereby cancelled.

 5             Well, the relief the Simatovic Defence was seeking, of course, is

 6     now there, although rather as a consequence of practical developments

 7     than on the basis of a decision by the Chamber.

 8             Mr. Hoffmann, I wanted to -- I first wanted to finish what I'm

 9     doing at this moment, that this concludes the notification of the Chamber

10     to the parties.  And I wonder whether the request for reconsideration is

11     not effectively moot at this moment under the present circumstances.

12             Now, Mr. Hoffmann first is going to answer my question -- no, he

13     is going to raise something.

14             Yes.

15             MR. HOFFMANN:  Just for the record, and I think we've raised it

16     before, with your decision it also means that the subpoena witness for

17     next week JF-018 would be cancelled.  He is currently scheduled for next

18     week the subpoena was issued for February and March, 2010, so -- just so

19     that we are clear on the record because the witness unit had contacted us

20     whether there is any new information about his schedule next week, and he

21     was initially scheduled for the 18th of March.

22             JUDGE ORIE:  Yes, let me just check now.  First of all is the --

23     one second.  Yes, that would then be cancelled as well.  We will not sit

24     on the 17th and the 18th because one day next week was cancelled in order

25     to compensate for the three days a week we had last week, and we did not

Page 4081

 1     insist on calling witnesses for that other day.  It is under those

 2     circumstances that would be cancelled as well.  But I hasten to add to

 3     this, that the Chamber will, rather sooner than later, reconsider the --

 4     all the rules that we imposed on ourselves, that is, sitting never more

 5     than two days a week, always sit in the afternoon.  I think circumstances

 6     have changed and, therefore, the Chamber -- the modalities of trial may

 7     be reviewed in the not too far future.

 8             Mr. Hoffmann.

 9             MR. HOFFMANN:  Just one matter on this very witness, as I said,

10     the subpoena was issued only for February and March 2010, and we would

11     appreciate if the Chamber would indicate whether we are supposed to file

12     a new motion for subpoena or if the Chamber, on its own, would file a new

13     subpoena for this witness.

14             JUDGE ORIE:  I think since the cancellation is not done at the

15     request of the Prosecution, that the Chamber could proprio motu.  That

16     seems to be the most simple ...

17                           [Trial Chamber confers]

18             JUDGE ORIE:  We'll carefully check the language in the subpoenas

19     and to see whether it's really limited to these two months.  If anything

20     needs to be done, it will be done -- will be done proprio motu, but

21     there's some doubt, at least in Chamber Staff, and we have not reviewed

22     it yet, whether there is any need to do something.

23             Any other matter?  If not, then we can ask Madam Usher to escort

24     the witness into the courtroom.

25                           [Closed session]

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24                           [Open session]

25             THE REGISTRAR:  We are in open session, Your Honours.

Page 4100

 1             JUDGE ORIE:  Thank you, Madam Registrar.

 2             We adjourn for the day, and we resume tomorrow, Tuesday, the 9th

 3     of March, at quarter past 2.00 in Courtroom II.

 4                           --- Whereupon the hearing adjourned at 7.03 p.m.

 5                           to be reconvened on Tuesday, the 9th day of

 6                           March, 2010, at 2.15 p.m.

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