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

  • Yes, we will take some appearances for the record.

  • Good morning Mr President, your Honours. This morning for the Prosecution, Kathryn Howarth, Maja Dimitrova and myself, Brenda J Hollis.

  • Thank you.

  • Good morning Mr President. For the Defence today, myself Courtenay Griffiths and my learned friend, Mr Terry Munyard.

  • Thank you, Mr Griffiths. Yes, Ms Hollis.

  • Mr President, I rose to make the appearances for the Prosecution because I would also like to make clear for the record a matter relating to the notice we gave to the Trial Chamber yesterday of the limited time that we had with witness TF1-197 and, as you recall, we indicated we had very limited time with him because of his illness and also because of limited availability of the Kono interpreters.

    I would like to make very clear for the record that the availability of the Kono interpreters was limited simply because they were performing their duties in the interpretation booth. In all other instances the Kono interpreters, as with all interpreters in this case, have been very helpful to the Prosecution and I certainly in no way meant to imply that they had not been cooperative or helpful, and I just wanted to make that clarification for the record.

  • [Open session]

  • [The accused present]

  • [Upon commencing at 9.30 a.m.]

  • Yes, thank you, Ms Hollis. I think you have made that clear. Well, I think the next witness is TF1-197, is that right?

  • Yes, that is correct.

  • All right. Madam Court Manager, if we could bring that witness in please.

  • Your Honour, before that witness does come in there is an application for recision.

  • Your Honour, the witness has indicated he wishes to testify in open session. He is another witness to whom the decision dated 5 July 2004 applies. Your Honours are by now aware of the Prosecution position as to that decision in relation to those Category 1 witnesses, witnesses of fact. The Prosecution take the view that they were granted a pseudonym and screen. Equally, the Prosecution are well aware of your Honour's position in relation to these witnesses. However, the application is for recision of those measures.

  • Yes. Well, thank you, Ms Howarth. Is this witness one of the witnesses that was specifically listed in one of the annexes to the decision?

  • He is one of those witnesses who was originally listed in the first Prosecution motion but not listed in the second Prosecution motion. So he is not a Category A, B or C witness, he is a Category 1 witness of fact.

  • When you say the second Prosecution motion, that is the one of 5 July 2004, is it?

  • It is the renewed motion.

  • Which one is that by date?

  • So, your Honour, it is not in the annex to the decision, if that assists.

  • All right, that is all I wanted to know. Thank you. Well, again, Mr Griffiths, I assume you are not opposing this, subject to the well-stated position of the Defence? It is on record several times.

  • Mr President, you assume correctly.

  • Well, we note the application by the Prosecution for recision of protective measures and we note that this coming witness, TF1-197, will therefore be giving evidence without protective measures, but the parties have stated their positions on witnesses that are said to be covered by the decision of 5 July 2004 by Trial Chamber I. The Trial Chamber again states its position that we do not consider that this witness is subject to any protective measures in any event and therefore, in our view, the Prosecution application is redundant. Thank you, Ms Howarth. We will call the witness now, please.

  • Before the witness is called, can I make this enquiry: In the normal course of events following a proofing session we are normally provided on this side of the Court with a note of any further information provided by the witness, and I just wonder whether any such note is available today? It may well have been served this morning, and I am not addressing any criticism to the other side, but I didn't come via the office so, consequently, I haven't received any further material.

  • Yes, it had been served this morning, but I do have a spare copy that I can pass over to my learned friend.

  • Perhaps while I am on my feet I could add that the witness will be testifying in Kono.

  • And, Ms Howarth, this will be viva voce?

  • Yes, that's correct.

  • It is no longer 92 bis.