Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Monday, 20 September 2010

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 2.21 p.m.

 5             JUDGE ORIE:  Good afternoon to everyone.  Madam Registrar, would

 6     you please call the case.

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

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

 9     Prosecutor versus Jovica Stanisic and Franko Simatovic.

10             JUDGE ORIE:  Thank you, Madam Registrar.

11             Before we'll hear the evidence of the next witness, there are a

12     few procedural matters I'd like to raise.  The first one is a request has

13     been filed for provisional request by Mr. Stanisic.

14             Mr. Groome, the Chamber would appreciate if you would not take

15     the full time available to respond to a motion but rather respond as

16     quickly as possible.

17             MR. GROOME:  Your Honour, we drafted our response today and it's

18     been filed.  It'll be -- you should receive it later on today.

19             JUDGE ORIE:  It has been filed already.

20             Then an other matter is that the Chamber agreed that Mr. Theunens

21     would not testify any earlier than the end of October, which means that

22     we have two days in court, 29th and 30th, where we have no witnesses.

23     And there are various options how to use those days.  There is the option

24     of dealing with bar table documents.  We could do housekeeping.  One

25     could even consider, depending on what is still to be done on the second

Page 7404

 1     Tabeau report, even to call Ms. Tabeau, but I don't know whether that

 2     fits in.  There are a few leftovers from Mr. Donia.  There still is a

 3     pending motion for videolink for Witness JF-052.

 4             The Chamber would first of all urge the parties that we would use

 5     those two days as efficiently as possible, so not just to have one or two

 6     hours dealing with MFI lists and then the remainder not -- of these two

 7     days not be used.  So the -- of course, first of all, the Prosecution,

 8     but perhaps in consultation with the Defence is invited to make

 9     suggestions how we could use those two days, the 29th and the 30th of

10     September as efficiently as possible.

11             Then I would like to remind the parties, and that's my next item,

12     that if there are any things -- if there's anything that they would like

13     to be put on the record, matters which were discussed during the

14     out-of-court meeting which was held last week, I think it was Thursday,

15     yes, Thursday, they're not to forget about it and to request the Chamber

16     to put it on the record.

17             I move on to my next item.  I'll not put on the record at this

18     moment all the developments in relation to the Theunens testimony.  We'll

19     do that at an appropriate moment to give a brief summary of all the

20     developments and all the communications about the matter.  It is,

21     however, important that I put on the record that the request for

22     pre-assignment of exhibit numbers to associated exhibits to the Theunens

23     report was granted, and the Registry was instructed to file a memo as

24     soon as the OTP has filed updated spreadsheets of exhibits associated to

25     the Theunens report.  This is then formally now on the record.

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 1             What now remains has to do with the testimony of next witness,

 2     Witness JF-031, and there is a chance that we hear the testimony of that

 3     witness in closed session, but whether or not that will be the case at

 4     this very moment we have to turn into closed session anyhow.

 5             Madam Registrar.

 6                           [Closed session]

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11                           [Open session]

12             THE REGISTRAR:  We're in open session, Your Honours.

13             JUDGE ORIE:  Thank you, Madam Registrar.

14             I -- well, we're not really in open session yet, the curtains

15     still being down, but -- yes.  The parties are requested to remain

16     standby until they receive a message from Chambers staff whether or not

17     we will have a session tomorrow, and therefore adjourning at this moment

18     is either until tomorrow, quarter past 2.00, or until Wednesday, the 29th

19     of September, quarter past 2.00.  Hopefully then in Courtroom II if it

20     is -- if the air-conditioning is repaired.  We stand adjourned.

21                           --- Whereupon the hearing adjourned at 7.15 p.m.,

22                           to be reconvened on Tuesday, the 21st day

23                           of September, 2010, at 2.15 p.m.