Certainly. Very unlikely, in our estimation, that we will call any further live evidence, but - and I am really echoing one of his Honour Justice Lussick's comments on the last occasion - we can't rule it out until we have the Court's decisions on our outstanding motions. And so I emphasise that it is still unlikely. I am not suggesting that we have got anybody in the wings that we are likely to call upon. That is not the case. But I do not rule it out at this stage, given that there are a number of, as yet, unresolved matters. So that's the position on live witnesses.
As far as the motions are concerned, we did race against the clock last week and we got the motions in in the nick of time. We have actually spotted one or two minor errors and filed corrections this morning. So I hope those loose ends will now have been tidied up. And at this stage, we don't anticipate having to put anything else in writing before the Court.
Madam President, with respect, I agree with your assessment, that the motions, the pleadings, the procedures and the size of the motions, mean that it is unlikely that the Court will have reached decisions by the time we finish our two-week recess on 11 October.
As far as the third matter is concerned, the continuing obligation of the Prosecution in relation to disclosure, in particular of Rule 68 material, we note the reasoning in your Honours' decision handed down on Thursday afternoon in writing in relation to witness DCT-097. In particular, but not exclusively, paragraph 11 of that decision, and it is our submission that the Court has now clarified the meaning of exculpatory material and the duty of the Prosecution. And the Court's decision, in our submission, establishes a different standard from that sought by the Prosecution in the pleadings in relation to that motion. And it is our submission that the Prosecution ought now to review their disclosure, in particular, of either payments or benefits in kind given to potential Defence witnesses, that is to say Defence witnesses of whom they were notified in our witness lists, and to go back, now that they have the Court's decision on the 097 motion - to go back and review all those potential witnesses and disclose to us any payments or benefits in kind that they made to potential Defence witnesses. And we would invite the Prosecution to do that during the period of the recess.
That is all I need to say at the moment on that matter. It seems to us, therefore, Madam President, that there will need to be a status conference - there will need to be a status conference after the recess, but I query whether you would want a status conference on the first day back, as it were. Of course, we are entirely in the hands of the Court on that but much will turn on your own deliberations and the time that you will need to deliberate on the motions.
Can I just add one other thing, and make it absolutely clear? When I talked about the Prosecution's continuing obligation to disclose, as clarified by your decision of last Thursday, these are potential - I am talking about potential Defence witnesses who were also treated as potential Prosecution witnesses by the Prosecution before they ever became potential Defence witnesses. In other words, people in the same category as witness DCT-097.