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

  • Good morning. We'll take appearances first, please.

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

  • [Open session]

  • [The accused not present]

  • [Upon commencing at 9.06 a.m.]

  • Good morning, Madam President. Good morning, your Honours. Good morning, counsel opposite. Appearing for the Defence this morning are myself, Morris Anyah. I am joined by Mr Simon Chapman.

    Madam President, Mr Taylor is absent, as your Honours will have noticed, and he is absent for the same reasons he typically is absent on Tuesday mornings. I am instructed that I have his consent to proceed in his absence, and we anticipate that by 11.30 he should be present in court.

  • Very well. The Chamber is aware of the reasons that normally keep Mr Taylor away from Court on Tuesday mornings, and we are satisfied that the trial may proceed, pursuant to Rule 60(B).

    Now, before I remind the witness of his oath, there is a preliminary matter that I would like to bring to the parties' attention, and that is the matter of Defence motion 1033. This is the motion for disclosure pursuant to Rule 68 in respect of witness DCT-097.

  • 1039.

  • Madam President, I thought it was 1039.

  • I am sorry, it is 1039. Did I say anything else?

  • I do beg your pardon. In any event, this is what I'd like to bring to the parties' attention in relation to that motion.

    The Defence filed motion 1039 on 4 August this year, in respect of which a decision of the Trial Chamber is pending.

    Now, normally the Trial Chamber would only issue a written decision under the rules. However, in view of the recent notification by the Defence that, "At the conclusion of the testimony of DCT-008 it is not anticipated, as currently instructed, that any further live witnesses will be called to testify", the Trial Chamber considers it expedient to give a brief oral decision upon this motion at this stage, and undertakes to publish its recent decision in writing in due course. So the following is the oral decision:

    In the motion 1039 the Defence requested the Trial Chamber to compel the Prosecution to fulfil its Rule 68 obligation and to order the following:

    "The immediate disclosure of, (a), the existence and substance of a statement given by witness DCT-097/TF1-354 to an organisation called Global Witness of which the Prosecution is aware and which predated Prosecution interviews with the same witness; and, (b), an accounting and explanation of money, estimated at almost $30,000, paid to or benefits conferred on DCT-097 by the Prosecution from 2004 to 2006, or at any time before or after that."

    The Trial Chamber dismisses part A of the request for disclosure of the statement of DCT-097/TF1-354.

    The Trial Chamber, however, grants part B of the motion and orders the Prosecution as follows:

    1. To disclose to the Defence forthwith, pursuant to Rule 68: (a) an account of all payments made to or benefits conferred upon witness DCT-097/TF1-354 by the Prosecution for the period 2004 to 2006 or at any time before or after that period; (b) all documents relating to such payments, including receipts, vouchers, MoneyGram receipts, et cetera.

    2. To provide an explanation for those payments.

    Now, that is the oral ruling and the reasoned decision will be published in due course.

    Now, good morning, Mr Witness. I remind you once again of your solemn declaration to tell the truth that is still binding on you this morning.

  • Yes, Madam President.