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Public Transcript of the Hearing Held on 19 May 2015 in the Case Of 20150519_STL-11-01_T_T150_OFF_PUB_EN 1/92 PUBLIC Official Transcript Procedural Matters (Open Session) Page 1 1 Special Tribunal for Lebanon 2 In the case of The Prosecutor v. Ayyash, Badreddine, Merhi, 3 Oneissi, and Sabra 4 STL-11-01 5 Presiding Judge David Re, Judge Janet Nosworthy, 6 Judge Micheline Braidy, Judge Walid Akoum, and 7 Judge Nicola Lettieri - [Trial Chamber] 8 Tuesday, 19 May 2015 - [Trial Hearing] 9 [Open Session] 10 --- Upon commencing at 10.05 a.m. 11 THE REGISTRAR: The Special Tribunal for Lebanon is sitting in an 12 open session in the case of the Prosecutor versus Ayyash, Badreddine, 13 Merhi, Oneissi, and Sabra, case number STL-11-01. 14 PRESIDING JUDGE RE: Good morning to everyone. 15 Could we please have appearances starting with the Prosecutor? 16 Good morning, Mr. Cameron. 17 MR. CAMERON: Good morning, Your Honour. It's Graeme Cameron for 18 the Prosecution, assisted by Ms. Skye Winner. 19 MR. HAYNES: Morning, Your Honour. Peter Haynes for the 20 participating victims, together with Mohammad Mattar and our case manager 21 Kiat Wei Ng. 22 PRESIDING JUDGE RE: And for the Defence. 23 MR. HANNIS: Good morning, Your Honours. I'm Tom Hannis 24 representing the interests of Salim Ayyash. 25 MR. EDWARDS: Good morning, Your Honours, Iain Edwards Tuesday, 19 May 2015 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20150519_STL-11-01_T_T150_OFF_PUB_EN 2/92 PUBLIC Official Transcript Procedural Matters (Open Session) Page 2 1 representing the interests of Mustafa Badreddine, together with 2 Pauline Baranes. 3 MR. LAROCHELLE: [Interpretation] Good morning, Your Honour, 4 ladies and gentlemen, the Judges. Philippe Larochelle to represent 5 Mr. Oneissi. Good morning. 6 MR. ROBERTS: Good morning, Your Honours. Geoff Roberts on 7 behalf of Assad Sabra. 8 MS. LE FRAPER: [Interpretation] Good morning. My name is 9 Dorothée Le Fraper and Maître Jad Khalil defending Mr. Merhi. Thank you. 10 PRESIDING JUDGE RE: And I note there are two representatives of 11 the Defence Office seated in the court today. 12 Mr. Cameron, before we start with the witness, I think our Legal 13 Officer sent an e-mail yesterday in relation to some redactions. We 14 don't need to deal with it at the moment, but if at some point during the 15 day you could give us a progress report on that matter we would be 16 grateful. 17 MR. CAMERON: I can do it in very short order now if you wish. 18 We're very close as to -- counsel for Mr. Sabra had asked for unredacted 19 versions for six witnesses, but in actual fact only four witnesses gave 20 such statements. And of those four, all of the statements have been 21 disclosed in an unredacted form to Mr. Sabra's counsel except for one, 22 which was the subject of an order by the Trial Chamber of November the 23 8th, 2013, F1212, which was required to remain redacted. Now, we've 24 indicated to the Court through e-mail in the past that we would be 25 content to disclose unredacted, but it would require an adjustment to Tuesday, 19 May 2015 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20150519_STL-11-01_T_T150_OFF_PUB_EN 3/92 PUBLIC Official Transcript Procedural Matters (Open Session) Page 3 1 that particular order. And if you were content to make that adjustment, 2 we would disclose that remaining small statement immediately. 3 PRESIDING JUDGE RE: We can make the adjustment, but I would just 4 need a little bit more information to do it. But if you can get back to 5 me at some later point. 6 MR. CAMERON: I provided the information to your court officer 7 already and perhaps he can supply you with the relevant order. 8 PRESIDING JUDGE RE: Thank you for that, Mr. Cameron. 9 The other matter was Mr. Larochelle -- 10 MR. LAROCHELLE: [Interpretation] Yes, Your Honour. 11 PRESIDING JUDGE RE: Yesterday you notified our Legal Officer -- 12 senior Legal Officer about three possible questions for certification for 13 interlocutory appeal from our decision in relation to the Call Data 14 Records. They've been -- your question has been circulated to the other 15 parties and the Prosecutor. I just want to reiterate, because it 16 appeared from the e-mail that you wished to file written submissions in 17 support -- I reiterate we don't want them. We've already said and the 18 Prosecutor's agreed that it's a certifiable issue. The question is: 19 What question goes up, so to speak? So please don't burden yourself, the 20 Prosecution, the other parties, and the Chamber with a written motion, a 21 needless written motion. 22 If I can just turn to Mr. Cameron. Have you had a chance to look 23 at this particular question -- these three particular questions which 24 Mr. Larochelle has had circulated? And do you have any comment on them 25 at the moment? If you don't have any at the moment, we can return to it Tuesday, 19 May 2015 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20150519_STL-11-01_T_T150_OFF_PUB_EN 4/92 PUBLIC Official Transcript Procedural Matters (Open Session) Page 4 1 later. There's no urgency. 2 MR. CAMERON: I'd be grateful to return to it later. We have 3 looked at it. We would like to consider it further, but we can certainly 4 advise you today. 5 PRESIDING JUDGE RE: Do counsel for any of the other accused have 6 any comments or is this, so to speak, a joint collaborative effort or has 7 there been consultation and you have nothing to say? 8 MR. EDWARDS: There's been a degree of consultation between the 9 Badreddine Defence and the Oneissi Defence, Your Honour, to the extent 10 that I think the Badreddine Defence team was the only other Defence team 11 to raise the matter of legality in its response to the Prosecution 12 motion, and reference to those submissions are made in paragraph 62 of 13 the Trial Chamber's decision. We ally ourselves to the Sabra team's 14 submissions. That's -- forgive me, the Oneissi team's submissions. 15 PRESIDING JUDGE RE: Okay. Thank you for that. 16 If we could return to the Prosecutor. Mr. Cameron, we have 17 Mr. Hani Hammoud testifying and I take it he's outside ready to enter the 18 court in a moment. There is one point relating to protective measures of 19 someone he refers to. How are you going to deal with that? 20 MR. CAMERON: This is something that we've considered at length. 21 The protective measures relate to the person's role as a potential 22 witness in the proceedings, not necessarily as a historical actor in the 23 narrative of events. And so that's how we would deal with it. 24 PRESIDING JUDGE RE: Okay. I understand. All right. Can the 25 witness please be brought into court. Tuesday, 19 May 2015 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20150519_STL-11-01_T_T150_OFF_PUB_EN 5/92 PUBLIC Official Transcript Witness: Hani Hammoud –PRH052 (Open Session) Page 5 Procedural Matters 1 Mr. Cameron, can you please let us know what your plans are, what 2 your road map or skeletal outline of Mr. Hammoud's evidence will be. 3 MR. CAMERON: Mr. ... 4 [Trial Chamber confers] 5 [The witness entered court] 6 MR. CAMERON: Mr. Hammoud -- 7 PRESIDING JUDGE RE: Good morning to you, Mr. Hammoud. 8 THE WITNESS: Good morning. 9 PRESIDING JUDGE RE: Can you please take the solemn declaration. 10 THE WITNESS: [Interpretation] I solemnly declare that I will 11 speak the truth, the whole truth, and nothing but the truth. 12 WITNESS: HANI HAMMOUD 13 [Witness answered through interpreter] 14 PRESIDING JUDGE RE: We just need to get some personal details 15 from you. I just will ask you if it's correct and if you could just say 16 yes or no. Your name is Hani Hammoud. You were born in Saida, in 17 Lebanon, in 1963. You're the editor-in-chief of Al Mustaqbal and 18 chairman of Future TV and you're a media adviser to the former Lebanese 19 Prime Minister Saad Hariri and you are a Lebanese national. Are those 20 details correct or do you need to correct them? 21 THE WITNESS: [Interpretation] Correct. 22 PRESIDING JUDGE RE: Thank you. And in just a moment I'm going 23 to hand you over to the Prosecutor, but before I do that I'm going to say 24 something to you and he's going to give us a very brief outline of the 25 evidence he wants you to give or expects you to give which will also help Tuesday, 19 May 2015 STL-11-01 Interpretation serves to facilitate communication. Only the original speech is authentic. 20150519_STL-11-01_T_T150_OFF_PUB_EN 6/92 PUBLIC Official Transcript Witness: Hani Hammoud –PRH052 (Open Session) Page 6 Procedural Matters 1 you. Just a short reminder, we know that you speak fluent Arabic, 2 French, and English, the three languages of the Tribunal. You're likely 3 to get questions in all three languages. We have interpreters and a 4 court reporter over there and there's also a transcript just to your left 5 on the screen, so if you could just have a look at the transcript to your 6 left on the screen and watch the words being typed.
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