Thank you, Madam President. I have - first of all we are grateful for the opportunity to have had a consultation between myself and Mr Taylor. We have spoken about the issue and I am under instructions to proceed, but there are certain matters of record we wish to make known. In the first instance, as Justice Lussick intimated that I wait until the close of the examination-in-chief before making any applications, just to see what would unfold during the course of additional questioning, it did occur to me when additional questions were posed that there were other matters that in our view were not fully disclosed to us.
They are not, in my assessment, as significant as the failure to disclose the name of the uncle, but by way of example, the witness was asked a question about what the rebels said at a particular checkpoint, and he made reference to a statement to the effect that juju men working for the Momoh soldiers. None of that was disclosed to us. Although information about checkpoints were disclosed to us, that information was disclosed to us this week, the information about checkpoints. And the witness's first statement given to the Office of the Prosecutor was on 15 September 2003, over five years ago, and nowhere in that statement was information about checkpoints conveyed.
The witness also made reference to Sam Bockarie, also known as Mosquito, as the leader of the rebels. That was not disclosed to us. It does not appear in any documents disclosed in connection with this witness.
Having said all of that, we are moving forward but the concern here which Mr Taylor wishes me to convey is one of notice. During the break we did discuss the indictment and whether or not Pujehun District features in the indictment. I have skimmed it over quickly, because I couldn't recall from memory, and I do not find reference to Pujehun District and you will recall that this alleged decapitation of the witness's uncle, Gibril Turay, is said to have occurred in the place the witness calls Moala which was in Pujehun District.
We have previously taken exception to evidence being led about atrocities committed in places not specifically alleged in the indictment. Your Honours have overruled those objections. I in particular myself alone have made several of them and here we have a case where a place not previously charged in the indictment features in the witness's evidence and he speaks of atrocities committed in that particular place.
So this is an issue which in sum and substance is about fundamental fairness and notice to the accused and we have laid several markers down before and we are grateful for the opportunity to seek remedies from the Chamber if and when such issues arise, but we do place everyone on notice that at the appropriate time we are minded to lodge a proper submission on this issue.
In the meanwhile, considering the witness's physical impairments, and we are aware of the logistical issues that have surrounded his appearance here, Mr Taylor has instructed me that for those reasons we should not seek any sort of adjournment and I should proceed with the cross-examination.