Page 13940
1 Tuesday, 31 August 2010
2 [Open session]
3 [The accused entered court]
4 --- Upon commencing at 9.05 a.m.
5 THE REGISTRAR: Good morning, Your Honours. Good morning,
6 everybody in and around the courtroom.
7 This is case number IT-08-91-T, the Prosecutor versus
8 Mico Stanisic, and Stojan Zupljanin.
9 JUDGE HALL: Thank you, Mr. Registrar.
10 Good morning to everyone.
11 May we have the appearances today, please.
12 MS. KORNER: Good morning, Your Honours. Joanna Korner and
13 Crispian Smith for the Prosecution.
14 MR. ZECEVIC: Good morning, Your Honours. Slobodan Zecevic,
15 Slobodan Cvijetic, Eugene O'Sullivan appearing for Stanisic Defence.
16 MR. KRGOVIC: Good morning, Your Honours. Dragan Krgovic,
17 Igor Pantelic, Aleksandar Aleksic, and Jason Antley appearing for
18 Zupljanin Defence.
19 JUDGE HALL: Thank you. As I indicated when we adjourned --
20 MS. NIKOLIC: Good morning, Your Honour. Jelena Nikolic
21 representing Witness T-25 [as interpreted]. Good morning.
22 JUDGE HALL: My apologies. My line of sight was --
23 MS. NIKOLIC: Not a problem. Thank you.
24 JUDGE HALL: Yes, as I indicated when we adjourned yesterday, we
25 have a brief oral ruling to deliver this morning.
Page 13941
1 Judge Delvoie.
2 JUDGE DELVOIE: Thank you.
3 The Chamber is seized of the Prosecution's request for leave to
4 amend its Rule 65 ter summary for Witness ST-195, filed confidentially on
5 the 23rd of August, 2010. The Prosecution submits that when it
6 interviewed ST-195 after the filing of the 65 ter summary, it found out
7 he could testify on other relevant issues inter alia the structural
8 hierarchy of communications between SJB Skender Vakuf and CSB Banja Luka
9 and meetings attended by the accused Zupljanin hereinafter collectively
10 called "issues."
11 The Defence filed a confidential joint response on the
12 26th of August opposing the Prosecution's request. The Chamber considers
13 the issues prima facie relevant. Furthermore, they do not expand or
14 modify the case against the accused. The Chamber notes, however that the
15 Prosecution filed its 65 ter summary for ST-195 on the 8th of June, 2009,
16 based on his statement and testimony before the BiH authorities. It
17 interviewed him and got his statement only on the 8th and
18 9th of December, 2009. This request should have been filed sooner and
19 not a mere week before ST-195's scheduled testimony.
20 Nonetheless, despite the fact that the Prosecution has not shown
21 due diligence, the Chamber finds that by disclosing ST-195's Prosecution
22 statement, including the issues to Defence on the 3rd of February, 2010,
23 the Defence have been on notice. The Chamber notes that this Prosecution
24 statement has been available to the Defence for seven months. The
25 Chamber is therefore not persuaded that -- by the Defence submission that
Page 13942
1 granting the Prosecution's request will prejudice the accused's right to
2 a fair trial because the Defence lacks the time and facilities to conduct
3 their own investigations surrounding the issues.
4 For the foregoing reasons and in the interests of justice, the
5 Chamber hereby grants the request and allows the amendment to the
6 65 ter summary of ST-195.
7 JUDGE HALL: Thank you, Judge Delvoie.
8 And so we now go back into closed session.
9 [Closed session]
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4 [Open session]
5 THE REGISTRAR: We're back in open session, Your Honours.
6 JUDGE HALL: I see from the published calendar that we have
7 afternoon sittings tomorrow and Thursday, and they're both in
8 Courtroom III. So we adjourn to 2.15 tomorrow. Thank you.
9 --- Whereupon the hearing adjourned at 1.20 p.m.,
10 to be reconvened on Wednesday, the 1st day
11 of September, 2010, at 2.15 p.m.
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