Tribunal Criminal Tribunal for the Former Yugoslavia

Page 26698

 1                          Thursday, 24 January 2008

 2                          [Closed session]

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Page 26867

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15  [Part of Closed Session made public by order of Trial Chamber]

16            JUDGE ANTONETTI: [Interpretation] Mr. Scott, the usual sentence

17    for the end of the Prosecution case?  What is the usual sentence?

18            MR. SCOTT:  Well, the usual sentence would be something that I've

19    said many, many times in the last 25 or 30 years but I can't use that

20    sentence in this particular this case.  The time for the Prosecution case

21    has expired.  And we understand that.  The Prosecution is not resting its

22    case.  As the Chamber knows, the Prosecution was not able to fully present

23    its case because we didn't have the necessary time.  We asked for 450

24    hours, the Chamber gave us 400 hours.  The Chamber then reduced our time

25    to 293 hours.  A party can only rest its case when its had a full

Page 26868

 1    opportunity to present its case, so I can only say that our time expires

 2    today and therefore our case is over.

 3            JUDGE ANTONETTI: [Interpretation] Very well, thank you.

 4            So our time -- your time is over.

 5            I'm now telling the Defence teams that we are going to start Rule

 6    98 bis submissions on Monday.  Yes, I'm going to say this in open session,

 7    before I do so, thank you, Witness, for coming to The Hague.

 8            Mr. Registrar, please raise the blinds and, Mr. Usher, can you

 9    take the witness out of the courtroom.

10            THE WITNESS: [Interpretation] Thank you, Your Honours.

11                          [The witness withdrew]

12            JUDGE ANTONETTI: [Interpretation] We shall now, as soon as the

13    witness is out of the courtroom, we're going to move back into open

14    session.

15            Yes, Mr. Karnavas.

16            MR. KARNAVAS:  Mr. President, I don't wish to prolong the

17    proceedings.  I'm a little confused with that last response by Mr. Scott

18    because it would appear that he's trying to build error into the record,

19    at least that's the way I see it.  Now, is he suggesting that somehow this

20    Trial Chamber has prevented him from putting on this case keeping in

21    mind -- so he has rested?

22            JUDGE ANTONETTI: [Interpretation] Yes, I understood that he had

23    rested.

24            Yes, let's move back to open session.  I'm going to say this in

25    open session again.

Page 26869

 1                          [Open session]

 2            JUDGE ANTONETTI: [Interpretation] Now, in open session.

 3            Mr. Scott, when I asked Mr. Scott about this ritual question he

 4    said that he had requested a certain number of hours, that number had been

 5    reduced by the Trial Chamber.  He forgot to say that the Appeals Chamber

 6    had confirmed that the Trial Chamber's decision, and since the Trial

 7    Chamber had given him a date to finish, he said he couldn't do anything

 8    else.  So as far as I'm concerned, the end of the Prosecution case has now

 9    happened.  Therefore, I can tell you that Rule 98 bis submissions will

10    start next week.  This is what I wanted to convey to you.

11            We shall reconvene on Monday at 2.15.  Thank you.

12                           --- Whereupon the hearing adjourned at 5.16 p.m.,

13                          to be reconvened on Monday, the 28th day of

14                          January, 2008, at 2.15 p.m.

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