30 May 2013 - ICTY

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Conference to 2 June 2009. 5157 On 5 June 2009, the Pre-trial Chamber ordered that the
Prosecution deliver its opening statement on 9 and 10 June 2009, which it did. 5158 Neither the
Stanišić Defence nor the Simatović Defence made opening statements at that time. 5159 The
presentation of evidence commenced on 29 June 2009. 5160
2431. Close of Prosecution case-in-chief and Decision on motion for acquittal pursuant to
Rule 98 bis. On 6 April 2011, the Prosecution served notice of the close of its case-inchief.
5161 The Trial Chamber heard oral submissions on the Simatović Defence motion for
acquittal on 7 and 11 April 2011. 5162 On 5 May 2011, the Trial Chamber delivered an oral
decision denying the motion. 5163
2432. On 7 June 2011, the Trial Chamber granted a Prosecution motion to reopen its case
and admitted a document into evidence from the bar table. 5164 On 1 September 2011, the Trial
Chamber granted another Prosecution motion to reopen its case and admitted another
document into evidence from the bar table. 5165
2433. Commencement of Defence case. On 8 June 2011, the Trial Chamber denied a request
by the Simatović Defence requesting leave to present an opening statement at the
commencement of its own case, as opposed to the commencement of the Defence case as a
whole. 5166 The Pre-Defence Conference was held on 14 June 2011 and on this day the
Simatović Defence waived its right to give an opening statement. 5167 The Stanišić Defence
gave its opening statement on 15 June 2011, and started the presentation of its evidence the
following day. 5168 The Simatović Defence began the presentation of its evidence on 13
December 2011. 5169
5157 T. 1348-1349.
5158 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Scheduling Order, 5 June 2009; T. 1440-1443,
1444-1481.
5159 T. 1440-1443, 1444-1481, 1482-1543, 1546-1547.
5160 Prosecutor v. Stanišić and Simatović, Case No. IT-03-69-PT, Scheduling Order, 5 June 2009; T. 1580.
5161 Prosecution Notice of the Close of Its Case-In-Chief, 6 April 2011.
5162 T. 11300-11353, 11355-11436. On 6 April 2011, the Stanišić Defence informed the Trial Chamber through
an informal communication that it would not present Rule 98 bis submissions.
5163 T. 11463-11488.
5164 Decision on Prosecution Motion to Reopen Prosecution Case and for the Admission of Documents from the
Bar Table, 7 June 2011.
5165 Decision on Prosecution Motion to Reopen Prosecution Case and for the Admission of a Document from the
Bar Table, 1 September 2011.
5166 T. 11504-11511. See also T. 12622-12623. The Trial Chamber notes that this decision was communicated to
the parties on 8 June 2011, was put on the record on 14 June 2011, and reasons for the decision were provided on
11 July 2011.
5167 T. 11504-11511. See also, T. 11612-11613, and Simatović Defence Notification, 2 June 2011, para. 4.
5168 T. 11562-11612, 11625.
5169 T. 15584.
Case No. IT-03-69-T 879
30 May 2013