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Thursday, 4 December 2003

[Open session]

[The accused entered court]

--- Upon commencing at 9.08 a.m.

JUDGE MAY: Mr. Nice, today's session is to be in closed session. We are in open session, and while we're in open session, we will deal with at least one matter, which is next Tuesday. I say we'll deal with it; we'll deal with it to say that we will make inquiries of Judge Robinson as to whether he is able to sit or not, and we will let you know at the earliest possible time, let everybody know at the earliest possible time if we can sit or not.

MR. NICE: Thank you very much for that. I have something to say about the witnesses next week but maybe if we're going to go into private session, it would appropriate to deal with that.

JUDGE MAY: Yes. Before we do, is there anything else that anybody wants to raise in open session? Anything you want to say in open session?

MR. NICE: There are a couple of things I can say in open session. The Chamber will know that there's a practice now of using a computer software package called Case Map. It's being used by the Office of the Prosecutor and, I think, being used by other departments within the institution. I mentioned earlier that when we had identified for ourselves what are called the issues by which material will be sorted or sortable under Case Map we'd notify the Chamber in advance of actually implementing the system so that either the Chamber, the amici, or the ³⁰⁰⁹⁶ accused could comment on the issues identified for sorting purposes. We forecast having that issue outline ready probably next week or something to that effect and we'll make it available to the parties and to the Chamber for their consideration.

The second point is, Your Honour, we can see that there's going to be -- or there is the need to consider the chart of forthcoming witnesses in view of some slippage of time. We will have a new chart available for your consideration I hope by the beginning of next week because we're having a meeting to discuss the position tomorrow, and other -- and there is a witness called Soldal to whom we could conceivably seek to call today, depending on how closed-session testimony goes and how long it lasts. He's always been marked as a "filler" witness. We haven't yet made a full or written application for his short witness statement to be entered as evidence under 89(F). Copies of statements are with you now. We will try and do a formal written notice application by the break. Those are the only matters for public session.

JUDGE MAY: Very well. We'll go into closed session.

THE ACCUSED: [Interpretation] Mr. May.

JUDGE MAY: Yes.

THE INTERPRETER: The interpreters cannot --

THE REGISTRAR: Your Honour, we're still in open session.

JUDGE MAY: Yes, Mr. Milosevic.

THE ACCUSED: [Interpretation] Well, I would like to say while we're still in public session that I categorically oppose this kind of practice, hearing some kind of secret witnesses. The example of yesterday ³⁰⁰⁹⁷ shows this the best, because you saw yourself that this witness was not --

JUDGE MAY: No. We've made these decisions. It's not a matter for argument. We've decided about this next witness, and indeed a witness at the end of the -- at the end of the term, and it's not a matter for argument, Mr. Milosevic.

Yes. We'll go into closed session.

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(redacted) ³⁰⁰⁹⁸ Pages 30098 to 30212 - redacted - closed session.

--- Whereupon the hearing adjourned at 1.50 p.m., to be reconvened on Tuesday, the 9th day of

December, 2003, at 9.00 a.m.