³⁵⁸¹¹

Tuesday, 1 February 2005

[Open session]

--- Upon commencing at 9.13 a.m.

JUDGE ROBINSON: As you can see, Mr. Nice and Mr. Kay, we are without the accused. The court registrar just informed us that she has received a report from the Detention Unit that the accused is ill with the flu. The doctor will submit a report by fax later today giving us further details about his condition and the number of days for which he will have to be absent from court. When that happens, the Chamber will issue an order as to the resumption of the trial. We'll do at that later today.

MR. NICE: We are much obliged. The only administrative issue that follows from that and is one I was going to raise in any event and have mentioned to Ms. Anoya, is that I dare say with the rescheduling of court sitting days there may be some interruption or disturbance of the present arrangements for the conclusion of the evidence of Balevic and for the next witness.

We've also been having some difficulties because it hasn't been possible thus far for the Defence to meet the spirit of the order that suggested we should have roughly the next 50 witnesses in rough order in which they were called because they haven't been put in such an order, and we would request through the Chamber to be kept informed not only of any particular changes in witness order consequent on the ill health of the accused but generally for compliance with that order which said a rough order of 50 forthcoming witnesses.

JUDGE ROBINSON: We will ensure that the accused complies with ³⁵⁸¹² that.

MR. KAY: Yes. Doing a list of 50 as to a likely running order is very difficult, of course, because we're not on the territory of the place where most witnesses come from, and I hope the Court understands that, as I'm sure it will from its own experience, and things change and people drop out, and then the passages of time that witnesses can be fitted into a schedule have a material effect on that list.

So I make that point so that there is an understanding of some of the difficulties faced in dealing with a running order of 50 witnesses.

JUDGE ROBINSON: The Court has a good understanding of the difficulties faced not only by the accused but which are also faced by the Prosecution in getting witnesses, and we will take due account of those difficulties.

MR. KAY: Thank you.

JUDGE ROBINSON: We are adjourned.

--- Whereupon the hearing adjourned sine die at 9.17 a.m.