Tribunal Criminal Tribunal for the Former Yugoslavia

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 1                           Wednesday, 18 November 2009

 2                           [Open session]

 3                           [The accused entered court]

 4                           --- Upon commencing at 9.03 a.m.

 5             THE REGISTRAR:  Good morning, Your Honours.  Good morning,

 6     everyone in and around the courtroom.  This is case number IT-08-91-T,

 7     the Prosecutor versus Stanisic and Zupljanin.

 8             JUDGE HALL:  Good morning to everyone.

 9             May we have the appearances today, please.

10             MS. KORNER:  I'm so sorry, Your Honours.  I was distracted by my

11     case manager.  It's Joanna Korner and Crispian Smith for the Prosecution.

12             MR. ZECEVIC:  Good morning, Your Honours.  Slobodan Cvijetic,

13     Slobodan Zecevic, and Eugene O'Sullivan appearing for Stanisic Defence

14     today.  Thank you.

15             MR. PANTELIC:  Good morning, Your Honours.  For Zupljanin

16     Defence, Igor Pantelic, Dragan Krgovic, Eric Tully, and Ms. Katarina

17     Danicic.  Thank you.

18             JUDGE HALL:  We have been alerted that both sides have some

19     preliminary matter to raise.

20             MR. ZECEVIC: [Interpretation] I think, Your Honours, that with

21     the approval of my learned friend Ms. Korner I will address you.  It

22     concerns a situation that we became aware of yesterday after receiving a

23     motion by the OTP about scheduling videolinks for the beginning of next

24     year.  I assume that the Chamber is aware that the calendar of the

25     Serbian Orthodox church is a so-called old calendar, which is 14 days

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 1     delayed in relation to the regular calendar.  I'm not sure whether it's

 2     Gregorian or Julian, but at any rate that is the situation we are facing.

 3     And according to the calendar of the Serbian Orthodox church, Christmas

 4     falls on the 7th of January and Serbian new year on the 14th of January.

 5     We have talked to our clients and they have asked us to address the

 6     Chamber, and we're also doing it not only on their behalf but also on our

 7     behalf to ask you not to sit in the courtroom on the 14th of January.

 8             Now, given that the Prosecution has proposed that there be a

 9     videolink on the 12th, 13th, and 14th of January, I have talked to

10     Ms. Korner and other lawyers for the Prosecution.  And as far as I could

11     understand, it would be no problem for them if that videolink was to be

12     postponed for sometime later, after the 17th of January.  I therefore

13     wanted to inform the Trial Chamber of this fact and ask you to make a

14     ruling based on this.  Thank you.

15             JUDGE HALL:  Would a ruling be called for at this stage, or is

16     this something that we can let the -- that we can think about over the

17     next few days?

18             MR. ZECEVIC:  Your Honours, I believe what would be sufficient is

19     that the Office of the Prosecutor is told that the Trial Chamber will

20     think about this issue so they can schedule their videolink for the week

21     after from Sarajevo, for week 18th of January.  I think that was the --

22     that was the point why we brought it today so they don't -- they wouldn't

23     have any problems in scheduling.

24             MS. KORNER:  Your Honours, that's right.  We don't require a

25     decision today, but we would like one by the end of the week if that's

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 1     possible so that we can schedule.

 2             JUDGE HARHOFF:  Mrs. Korner and Zecevic, do you still plan to sit

 3     on Monday, the 11th; and Tuesday, the 12th; and actually Wednesday the

 4     13th.

 5             MS. KORNER:  Well, we do.  We're not asking for an adjournment at

 6     all, but we just wouldn't have videolink witnesses.

 7             JUDGE HARHOFF:  Oh, right.

 8             MS. KORNER:  As you saw in the motion we asked for the videolink

 9     for that week after discussions with Ms. Featherstone.

10             JUDGE HARHOFF:  Yes.

11             MS. KORNER:  If you decided that either the defendants needn't be

12     here or one of the lawyers then we'd move the videolink.  I think it's

13     really a question of whether you grant either the adjournment or not.

14             JUDGE HARHOFF:  What I want to be sure about is that what is

15     being asked is only that we do not sit on Thursday, the 14th.  That's the

16     only thing that is being asked.

17             MR. ZECEVIC:  That's correct, Your Honour.

18             MS. KORNER:  I see.

19             JUDGE HARHOFF:  Nothing else.

20             MS. KORNER:  Right, well, then --

21             MR. ZECEVIC:  That is correct, Your Honour, yes.

22             JUDGE HARHOFF:  So we would sit Monday, Tuesday, Wednesday, and

23     then not sit on Thursday, and then continuing sitting on Friday.

24             MR. ZECEVIC:  That is correct.

25             MS. KORNER:  Just to make it clear, we're not asking for an

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 1     adjournment.

 2             JUDGE HARHOFF:  No, but that was the clarification that I was

 3     seeking.

 4             MS. KORNER:  No, but if Your Honours decide to grant the Defence

 5     application because we want to do all the videolink witnesses together,

 6     we'll move the videolink witnesses to another week.

 7             MR. ZECEVIC:  Thank you, Your Honours.

 8             JUDGE HALL:  Yes, we now move into closed session to continue the

 9     witness.

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15                           --- Whereupon the hearing adjourned at 1.51 p.m.,

16                           to be reconvened on Thursday, the 19th day of

17                           November, 2009, at 9.00 a.m.