The transcripts of the trial of Charles Taylor, former President of Liberia. More…

  • Good morning, Mr Santora.

  • Good morning, Madam President, your Honours. Good morning, counsel opposite. Madam President, for the Prosecution this morning is Brenda Hollis, Alain Werner, Maja Dimitrova and myself Christopher Santora.

  • [Open session]

  • [The accused present]

  • [Upon commencing at 9.30 a.m.]

  • Thank you. Yes, Mr Munyard.

  • Good morning, Madam President, your Honours, counsel opposite. For the Defence this morning there is Courtenay Griffiths QC, Morris Anyah and myself Terry Munyard.

    Madam President, before we commence any of the proceedings on I think Wednesday morning of last week, certainly on a working day before the Court rose for the judges plenary, I wrote an email to my learned friends opposite asking them to ensure that the tape recordings that the next witness refers to in a number of his statements - that the tapes themselves are brought to Court so that we can see them. I haven't yet had any reply to that email and therefore I am just inquiring through the Bench, as it were, if those tapes have been brought to Court and are available for us to inspect.

  • These tapes were referred to in the schedule of prospective pieces of evidence that may be tendered through the witness or might be exhibited?

  • Well, Madam President, I will hold up the file. A lot of that is transcripts of the tape recordings. That is Prosecution disclosure.

  • I hope that answers your question.

  • I think so. Yes, Mr Santora.

  • Madam President, I am informed that the original tapes have been brought to Court for this witness.

  • I am very grateful.

  • I think that disposes of that. When we adjourned on Wednesday we had outstanding the tender of the exhibits that were produced and marked for identification through the last witness. Mr Griffiths, you indicated that there was no objection to the tender of those documents from the Prosecution. That still stands?

  • Our position remains the same, Madam President, so I do not anticipate any difficulty in exhibiting those.

  • I know it's not your witness, Mr Santora, it was Mr Koumjian's witness.

  • It is, Madam President. I am informed Mr Koumjian is indisposed this morning.

  • I am sorry to hear that.

  • However, he did indicate to me a note with regard these MFIs. There are two that the Prosecution is submitting should be marked confidentially. That is MFI-7A and B and then MFI-9. So actually technically three that should be marked as confidential. Just for the record, I don't believe on Wednesday these were actually submitted for admission. So at this point then, if it's appropriate, the Prosecution would submit for admission the MFIs in block and I can read them out.

  • It is correct that there was no actual tender on the last hearing day, but Mr Griffiths had made a general indication that there would be no objection. However, according to my notes - and I am trying to go through quickly - I do not record that any of the MFIs were marked confidential when marked for identification. I will seek confirmation or otherwise from Madam Court Officer if my notes or recollection are accurate.

  • Your Honour, that is the position.

  • In which case I will go through these one by one and when I come to those that you seek to have marked as confidential I will invite a response from counsel for the Defence.

  • Thank you, Madam President.

  • Therefore I will go through these one at a time and mark them individually. The first is MFI-1. It is a photograph as identified by the witness and it becomes Prosecution exhibit P-254.

  • [Exhibit P-254 admitted]

  • The next document is again a one page document, a photograph, MFI-5. It becomes Prosecution exhibit P-255.

  • [Exhibit P-255 admitted]

    The next document, there are two, MFI-6A and 6B. They are photographs as identified by the witness and taken by the witness. They become Prosecution exhibit P-256A and 256B.

  • [Exhibit P-256A and P-256B admitted]

    The next document is again a photograph and again there are two related photographs as identified by the witness. They become Prosecution exhibits P-257A and B and there is also an application to have them marked as confidential. These are photographs of Addis Ababa airport, Mr Griffiths. Have you any objection to the application for confidentiality?

  • No, I don't, Madam President, because in light of the other protective measures afforded this particular witness I can appreciate why in this instance the application is being made, so we have no objection.

  • Thank you. Therefore they become Prosecution exhibit P-257A and 257B. They will be marked confidential.

  • [Exhibit P-257A and P-257B admitted]

    The next document is also a photograph identified by the witness. It becomes Prosecution exhibit P-258A and travelling with it is 258B. Again, photographs taken by the witness.

  • [Exhibit P-258A and P-258B admitted]

    The next document is again a photograph, MFI-9, in which the witness identified certain persons and there is an application for that to be marked confidential, Mr Griffiths.

  • Same reasoning applies, Madam President.

  • Very well. It does include a photograph of the witness as identified by him. It becomes Prosecution exhibit 259 and it will be confidential.

  • [Exhibit P-259 admitted]

    The next document is a photograph identified by the witness and it has another photograph again of persons identified by the witness travelling with it. They become Prosecution exhibit 260A and 260B.

  • [Exhibit P-260A and P-260B admitted]

    The next document is again a photograph identified by the witness and with certain persons identified on it. It becomes - sorry, I will just note that that was MFI-10B. The next document is MFI-11 and it is a Defence document.

  • Madam President, that is the schedule I put together of interviews and payments made to the witness.

  • It is indeed, Mr Griffiths.

  • I ask that be exhibited, Madam President.

  • There is no objection to this exhibit. It becomes Defence exhibit D-75.

  • [Exhibit D-75 admitted]

    I think that deals with all matters relating to the previous witness who has been discharged and I will then ask the Prosecution who their next witness will be.

  • Madam President, the next witness is TF1-274. Prior to calling this witness, the Prosecution would like to make a submission with regards to this witness's protective measures. This witness was formally covered - is covered under the protective measures decision by Trial Chamber I of the Special Court for Sierra Leone of 5 July 2004. This witness was listed in the submitted annex by the Prosecution to that decision of 4 May 2004. The witness was Category C witness on that submission - the May submission - listed as number 15 in the 4 May 2004 annex.

    After consultation with the witness, the Prosecution is seeking to rescind the protective measures that currently apply to this witness to allow him to testify openly. Specifically, the Prosecution is seeking to rescind of the 5 July 2004 decision provisions (a), (b), (c), (d), (e), (f) and (i), except as relates - except with relations to portions (b) and (c) concerning the witness's addresses and whereabouts.

  • Just to make sure we are all ad idem on this, Mr Santora, there will not be use of a pseudonym in the course of the hearing, but there will be a retention of the address and whereabouts under (b) and (c)?

  • That's correct, Madam President.

  • There will not be a screening device?

  • And there will not be voice distortion?

  • I am not sure which counsel for the Defence it is?

  • Myself, Madam President.

  • Yes, Mr Munyard, you have heard the application.

  • Yes. The 5 July 2005 - I am sorry, the 5 July 2004 decision on the face of it does appear to have applied correctly to this witness. The Defence obviously have no difficulty with today's application by the Prosecution, nor would we seek to press this witness, or indeed any witness, unless it was overwhelmingly relevant for details of their address and whereabouts.

  • [Trial Chamber conferred]

  • We have considered the application and we note that it is not opposed and we grant the application for recision of those protective measures given on 5 July 2004 in accordance with counsel's application.

    I note that the screen is down, Mr Santora, so in the light of your application and the order I will direct that it is raised. Is that appropriate?

  • That is appropriate. Just for the Court's benefit, the witness will testify in Krio. I will wait.

  • The Krio interpreters are in position?

  • And the witness will be swearing on the Bible.