²⁵⁰⁰

Monday, 18 March 2002

[Open session]

--- Upon commencing at 10.00 a.m.

JUDGE MAY: Mr. Nice, the accused is not in Court. The Chamber has received information from the Detention Unit that he is ill. He's been seen by the doctor. He has the flu and will be off between three and seven days. Now, we will, of course, hear from you, Mr. Tapuskovic, but it would appear that there's nothing really we can do in his absence, since he is defending himself, beyond adjourning the matter for three days, which would be Thursday morning. We shall ask for a report from the doctor on Wednesday, and if he's fit to come, we'll sit again on Thursday; if not, we'll let everybody know.

MR. NICE: I can't think of anything practical that we can do. I had informed your staff shortly before we sat there was one outstanding issue concerning a witness in respect of whom I have to serve an application under 92 bis and in respect of whom I will only be able to call the witness once such an application has been made and rejected. The problem with that is that, looking at the terms of 92 bis, subparagraph (E), it appears that the Chamber can only make its decision after hearing parties to such an application. The amici are not a party for these purposes, and therefore, eager though I am to accelerate the process in respect of this particular witness - get the application on, get it objected to, if it's going to be objected to, in order that I can call him as a witness - I don't see that I can even deal with that in the absence of the accused. ²⁵⁰¹

JUDGE MAY: It sounds not, but at least you can serve the statement so we can have a look at it.

MR. NICE: Yes. I'll certainly do that today.

JUDGE MAY: Yes. Unless there are any other matters -- Mr. Tapuskovic, if there's anything you want to raise.

MR. TAPUSKOVIC: [Interpretation] Your Honours, I can only agree with what the Presiding Judge has said. Everything depends on the medical report on his health condition and when he can come to the courtroom again. In his absence, there is nothing we can discuss, including what Mr. Nice has just raised. So all we can do is wait for the medical report and see when he will be able to come to the courtroom again. Thank you.

JUDGE MAY: Thank you. Very well. We'll adjourn until we have the medical report on Thursday, if possible.

MR. NICE: Your Honour, I'm just reminded of one thing. As to outstanding issues, possibly the Chamber has not overlooked but put on one side, I think, the dossiers variously described as village dossiers but really location binders have been with the Chamber for some time.

JUDGE MAY: Yes.

MR. NICE: I think there's also outstanding submissions in respect of the scope of cross-examination, but it may be that the Chamber was going to call on the parties, in particular the accused, to deal with that by oral submissions to supplement what's in writing. I don't believe there's anything else outstanding. If there are any documents, of course, that the Chamber needs to assist it in making decisions or progressing the case, we can always provide those because we ²⁵⁰² can provide them pursuant to an order, and we can provide them to all parties. I have in mind things like the binders for particular locations. If the Chamber wanted any more of them, we can provide those.

JUDGE MAY: Thank you. There is one other matter, which is the facilities for the Defence, which we have to deal with. There's been a submission, and we're waiting for the Registry response. Yes. Thank you. We'll rise.

--- Whereupon the hearing adjourned at 10.07 a.m., to be reconvened on Thursday, the 21st day

of March, 2002, at 9.30 a.m.