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

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

  • Good morning, Madam President, your Honours, opposing counsel. This morning for the Prosecution, Brenda J Hollis, Kathryn Howarth and our case manager, Maja Dimitrova.

  • [Open session]

  • [The accused present]

  • [Upon commencing at 9.00 a.m.]

  • Good morning, Madam President, your Honours, counsel opposite. For the Defence, myself Terry Munyard, Silas Chekera and our legal assistant, Kathryn Hovington.

    Madam President, I know that you will be anxious to give the - remind the witness that he is under oath and so on. May I, before we commence the evidence, raise one matter? It is something that I overlooked when I addressed the Court on Monday when the witness was about to give evidence. I addressed the Court in his absence. I don't think that I need to ask for him to be absent over this.

    What it was I raised on Monday was the question of protective measures under which he had previously been. He was willing to waive those and, as we all know, has given evidence quite openly. I am grateful to my learned friend opposite for pointing out to me that I forgot to mention that he had also been under a like protective measure order from Trial Chamber I. Exactly the same, no disclosure of his identity, and I should have asked you to revoke that order also. It was exactly the same order. I can quote to you from proceedings in Trial Chamber I in April 2008 and indicate to you what it was.

  • Mr Munyard, if the witness gave evidence in a prior trial, how is that binding on us? These are different proceedings. If he has chosen to waive the protective measures that we gave him for this trial, we don't even know that he gave evidence in another trial or what he said in that other trial. That has not risen as an issue.

  • I had understood the way this Special Court for Sierra Leone works, that once one Trial Chamber makes a protective measures order, it remains in perpetuity until such time as either it, or another Trial Chamber, revokes it. It is for that reason - I was intending to raise it on Monday, and I am afraid it simply slipped my mind. The important thing was, as you know, that Mr Ngebeh was perfectly prepared to give evidence openly. Once we got over our Trial Chamber's original order, I should have then gone on to mention this to you, in my view.

  • Very well then. So the position is he has also waived the protective measures in the previous trial?

  • Well, that doesn't really raise any issues for me.

  • Well, I am very grateful.

  • That's fine. We take note of the waivers.

  • I'm very concerned that I don't fail to observe the niceties of the rule and procedures of the entire Court, not just this Trial Chamber.

  • So now I may remind the witness. Good morning, Mr Ngebeh.

  • Good morning, my Lord. Yes, my Lord.

  • Before a new morning of proceedings. So in any event, I remind you that you are still under your oath to tell the truth this morning as you continue with your evidence --

  • -- by counsel from the Defence side.

    Mr Munyard, please.