Now, there was before the break an application by the Defence to tender in particular MFI-442, which is the statement of the witness Yanks Smythe, and that application was opposed by the Prosecution. Now, the following is the Court's ruling on that application, after which I will give you the numbers - the exhibit numbers of the documents as admitted.
Now, the statement, MFI-44, the Defence have applied to tender in evidence the whole statement of Defence witness DCT-179, Yanks Smythe. The Prosecution objects to the tender of the entire statement and submits, rather, that only the parts referred to in cross-examination and re-examination be admitted.
Now, it will be recalled that it was not the Defence who initially introduced this statement in evidence; rather, it was the Prosecution that obtained a court order for the disclosure of the statement, intending to use it in cross-examination inter alia "to impeach the credibility of the witness". Indeed, the Prosecution had unfettered opportunity to cross-examine the witness on the entire contents of the document, and at this stage the Prosecution cannot claim to suffer irreparable prejudice arising from its tender into evidence.
On the other hand, the Defence have argued that once the witness has been examined on parts of his statement - or has been cross-examined on parts of his statement with a view to impeaching his credibility, then it is only fair and in the interest of justice to allow the judges to consider what he has said in his testimony in the full context of his entire statement.
The Trial Chamber recalls that in its ruling of 25 February 2010 - that was last week - while ordering the Defence to disclose the statement, the Chamber observed that, "If the witness has made a prior statement, the Trial Chamber must be able to evaluate his testimony in light of this statement in the Chamber's quest for the truth and for ensuring a fair trial".
Now, in our view, since the credibility of the witness has been called into question arising from the alleged inconsistencies between his testimony in Court and his prior statement, the Trial Chamber cannot evaluate his evidence by referring only to the parts of the statement that have been referred to by the parties in Court.
Now, in this case, the Defence itself has applied to tender the entire document in evidence, and therefore it is not prejudiced by the tender either.
We find that it is in the interest of justice to admit the whole document into evidence, and that is our holding.
Having done that, I will now give the exhibit numbers of the documents that were marked for identification, starting with the Defence exhibits. These are documents that were tendered or introduced into evidence through witness DCT-179, Yanks Smythe.
Now, the document MFI-408, that was a list of 15 persons that the witness drew up, saying that he trained with these persons at Camp Tajura. That is admitted as D-92.
The document MFI, which is a map of Liberia as marked by the - MFI-409 is a map of Liberia as marked by the witness. That is defence exhibit D-93.
MFI-410, which is a copy of an organogram, that is, Prosecution exhibit P-54, as now marked by the witness is defence exhibit D-94.
MFI-411, this is another organogram that was formerly exhibit P-55, as marked by the witness is now D-95.
MFI-412A is a photograph, formally DP-210. It is now Defence exhibit D-96A.
MFI-412B is also a photograph. It is now defence exhibit D-96B.
MFI-412C is a photograph and is now deference exhibit D-96C.
MFI-412D is a photograph and is now defence exhibit D-96D.
MFI-412E is a photograph and is now defence exhibit D-96E.
MFI-413 is a photograph and is now defence exhibit D-97.
MFI-414 is a photograph and is now admitted as D-98.
MFI-415 is a photograph and is now admitted as D-99.
MFI-416A is a photograph and is now admitted as D-100A.
MFI-416B, a photograph, is admitted as exhibit D-100B.
MFI-416C is a photograph admitted as exhibit D-100C.
MFI-416D, a photograph, is now admitted as exhibit D-100D.
MFI-416E, a photograph, is now admitted as exhibit D-100E.
MFI-417 is a photograph now admitted as exhibit D-101.
MFI-418, a photograph, is admitted as D-102.
MFI-419 is a one-page document entitled, "business office of HE Charles G Taylor Sinkor, Monrovia, leases and rents". That is admitted as exhibit D-103.
MFI-420A, which is a copy of the official identity card of the witness Yanks A Smythe, and that is the front page showing his photograph, that is now admitted as exhibit approximate D-104A.
MFI-420B, which is a copy of that same identity card, but showing the reverse side of the card, is now admitted as exhibit D-104B.
MFI-421A is a one-page letter from the Assistant Director of Operations SSS, Yanks Smythe, to Honourable G Bestman, Minister of Finance, dated 12 April 1999. That is now admitted as D-105A.
MFI-421B, which is a one-page document entitled, "official purchase and special services voucher" dated September 2, 1998, is now admitted as exhibit D-105B.
MFI-422A, which is a photograph, is now admitted as exhibit D-106A.
MFI-422B, which is a photograph, is now admitted as exhibit D-106B.
MFI-423A, which is a photograph, is now admitted as exhibit D-107A.
MFI-423B, which is a photograph, is now admitted as exhibit D-107B.
MFI-423C, which is a photograph, is now admitted as exhibit D-107C.
MFI-423D, which is a photograph, is now admitted as exhibit D-107D.
MFI-423E, which is a photograph, is now admitted as exhibit D-107E.
MFI-423, which is a copy of a Prosecution exhibit P-98 as highlighted by the witness, is now admitted as exhibit D-108.