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

  • [Open session]

  • [The accused present]

  • [Upon commencing at 9.30 a.m.]

  • Good morning. We will take appearances first, please.

  • Good morning, Mr President, your Honours, opposing counsel. This morning for the Prosecution are Maja Dimitrova, Mohamed Bangura and myself, Brenda J Hollis.

  • Thank you.

  • Good morning, your Honours. For the Defence are Salla Moilanen and myself, Silas Chekera.

  • Thank you. What we are going to do this morning is first we are going to order a status conference and that will take place Friday week, which is 27 February, at 9.30. A formal order will be issued and it will include an agenda. It will also include an invitation to the parties to suggest further items for inclusion in that agenda, but before either of the parties will be in a position to give any reliable assessment of the status of its case you will need to know what the Trial Chamber has decided in relation to each of the outstanding motions. In that regard we are able to advise as follows and it would be very helpful if the parties had a motions list in front of them because I will go through them from the lowest to the highest number.

    The first motion on my list is motion 378. That is the urgent Defence motion regarding a fatal defect in the Prosecution's second amended indictment relating to the pleading of joint criminal enterprise. The Trial Chamber has decided that motion and has decided as follows; that the motion is dismissed. A properly reasoned judgment will be filed before the status conference.

    The next motion on my list is motion 542, which is a Defence application for disclosure of documents in the custody of the Prosecution pursuant to Rule 66 and Rule 68. That decision, if it has not already been filed, will be filed today.

    The next motion is 650, which is the public Prosecution motion for admission of documents of the United Nations and United Nations bodies. That motion will possibly be filed tomorrow. If not, early next week.

    The next motion is 652, which is the Prosecution motion for admission of extracts from the TRC reports. I can say the same for that; that should be either filed today or tomorrow, in fact.

    Motion 659, the Prosecution motion for admission of documents seized from Foday Sankoh's house, we are expecting that that will be filed early next week.

    Motion 667 is the Prosecution motion regarding admission of the RUF documents and, again, that will be filed early next week.

    The next motion is motion 678 and we add on to that motion 682. That will be filed early next week as well.

    The next motion is 681, the Liberia search documents. That decision I believe has already been filed.

    The next motion is 684, the Prosecution admission of certain documents of intergovernmental organisations. That will be available early next week.

    Motion 694 is a Prosecution motion for certain NGO documents. Again that will be available, if not tomorrow, early next week.

    Motion 698 is the Prosecution motion for admission of BBC radio broadcasts. That will be available early next week.

    The next motion is motion 714 and it is the Defence motion for the disclosure of the identity of a confidential source raised during cross-examination of TF1-355. The Trial Chamber has decided that motion and the decision is that the motion is dismissed and a reasoned judgment will follow in the near future.

    The next motion is 723, which is a Defence application for judicial notice. I understand the pleadings have not closed yet on that motion.

    The same for motion 729, which is a Prosecution application for admission of document. The pleadings have not closed.

    In relation to motion 726, which is in effect a Prosecution request for additional filing, that has actually been dealt with in the decision on motion 681.

    So the other thing with these outstanding decisions is that the period for applying for leave to appeal pursuant to Rule 73(B) will of course not run until the actual delivery of the reasoned written decision.

    So, unless the parties have anything else to say, we will adjourn until Friday, 27 February at 9.30 and a status conference is appointed for that date and this oral order will be followed by a formal order as I mentioned before.

    My learned colleagues have suggested a practical way to proceed on this. We are having the status conference next Friday, but if either side - either party - has agenda items that you want added to the status conference you can submit those whenever they are ready, whether you have yet received a formal order or not.

    We will now adjourn the Court until next Friday at 9.30.

  • [Whereupon the hearing adjourned at 9.40 a.m. to be reconvened on Friday, 27 February 2009 at 9.30 a.m.]