⁵

Tuesday, 9 November 2004

[Further Initial Appearance]

(Open session)

[The accused entered court]

--- Upon commencing at 3.04 p.m.

JUDGE BONOMY: Well, good afternoon, everyone. This is the continued initial appearance in the case of Beara. What I propose to do initially is to take the appearances for counsel. The Prosecution first of all, please.

MR. CAYLEY: May it please, Your Honour. I appear on behalf of the Prosecutor. My name is Cayley, I appear with my colleagues Ms. Caroline Davidson and Ms. Janet Stewart.

JUDGE BONOMY: Thank you, Mr. Cayley. Ms. Featherstone, what I note I didn't do is have the case called. Is that vital to the process?

I note I omitted to have the case formally called, so I'll invite the Registrar to do that before calling on the Defence.

THE REGISTRAR: Good afternoon, Your Honour. This is Case Number IT-02-58-I, the Prosecutor versus Ljubisa Beara.

JUDGE BONOMY: And now the appearance for the Defence.

MR. GUY-SMITH: Good afternoon, Your Honour. Gregor Guy-Smith appearing on behalf of Mr. Beara for the proceedings being held today.

JUDGE BONOMY: And I rightly noted you appeared on the previous occasion.

MR. GUY-SMITH: That is correct. ⁶

JUDGE BONOMY: Thank you. Now, I'm addressing myself now directly to the accused, Mr. Beara.

Mr. Beara, can you hear me and understand what I am saying?

THE ACCUSED: [Interpretation] Yes.

JUDGE BONOMY: Could you please give your name formally for the record.

THE ACCUSED: [Interpretation] Ljubisa Beara.

JUDGE BONOMY: Your date of birth, please.

THE ACCUSED: [Interpretation] The 14th of July, 1939.

JUDGE BONOMY: Thank you very much. Now, Mr. Guy-Smith, today should have been the occasion on which pleas were tendered by Mr. Beara. Can you tell me whether you are in a position to deal with that.

MR. GUY-SMITH: Your Honour, it was contemplated that pleas would be entered today by counsel who ultimately will be representing Mr. Beara in this matter, who my understanding is Mr. John Ostojic. However, probably because of circumstances outside of his control, he was not able to be present today. I'm sure if you recognise he's a much larger man than I, and I am not in a position, not only because of his size but also because of his status with Mr. Beara, to at this point enter a plea or have Mr. Beara enter a plea for purposes of today's proceedings. And I would request that the matter be adjourned. My application is for the matter be adjourned for I believe only two days, at which point Mr. Ostojic will be present and he will be able to address those issues that ⁷ are germane to the Court's consideration. I believe we are still within the time constraints that allow for him to enter his plea in an appropriate period of time without offending any jurisdictional concerns.

JUDGE BONOMY: Thank you very much. Now, Mr. Cayley, do you have any comment on that first of all.

MR. CAYLEY: Not on that issue, no. Mr. Guy-Smith and I have discussed and it seems the correct course to take.

JUDGE BONOMY: Is there anything else you would like to raise?

MR. CAYLEY: This is one issue you should know about before the plea is tendered on Thursday, and that it is the intention of the Office of the Prosecutor to file an amended indictment in this case within two weeks of today. I realise, in a sense, it's not entirely the best way of doing things since he will be entering pleas on the old indictment, but that -- do you want me to go into the background of why it's being amended now or do you think that's best left until Thursday? I can explain it to you.

JUDGE BONOMY: Are there any circumstances in which you envisage it might not be appropriate to take the pleas on Thursday?

MR. CAYLEY: Well, I think -- I mean, it's been pointed out to me that the rules demand that he enter pleas by Thursday. I think it's Rule 62 requires that.

JUDGE BONOMY: If that is the case, then is there any point in going into the matter at all and is it not a matter which should simply be dealt with by a motion when the appropriate amended indictment is filed? ⁸

MR. CAYLEY: That's a perfect solution, Your Honour. I just wanted the courtesy of actually telling you so that you weren't surprised when he entered pleas and we had a new indictment.

JUDGE BONOMY: I appreciate that. But perhaps for the avoidance of any doubt whatsoever you should give consideration between now and Thursday to the question whether there is any alternative to simply taking the pleas on this indictment and leaving the matter you now raise until it is filed.

MR. CAYLEY: Yes. Thank you.

JUDGE BONOMY: Well, in these circumstances, what I shall do is further adjourn this initial appearance until Thursday of this week, I understand, in Courtroom II at 3 p.m.

--- Whereupon the Further Initial Appearance adjourned at 3.11 p.m.