Yes, Madam President. There are two paragraph 2s on page 5. I'm referring to the second component of the order in the middle of the page that starts with the words, "The Chamber further orders that the Taylor Defence shall comply with all other aspects of the Sesay protective measures decision, including, but not limited to, the following", and then you have numbered paragraphs 1, 2, 3, 4, 5.
Let me state, in the first instance, that the document in question is an a compilation statement and by that I mean it is a document that makes up two separate interviews held with this witness by the Sesay Defence investigators, combined into one document consisting of approximately 11 to 12 pages, and we have obtained that document from the Sesay Defence team. I personally received it, I believe, on Tuesday this week. A request was made to lead counsel for Issa Sesay, Mr Wayne Jordash, for us to use that document publicly and to also disclose it to the Prosecution. I received his approval to do so, I believe yesterday afternoon or thereabouts. I might have the days wrong, but it was the day after I obtained the statement, in the afternoon. I conveyed all of this information to counsel opposite in the morning of Wednesday, I believe, and on Tuesday afternoon, upon receiving permission, I wrote an email to counsel opposite advising him that I would be making this application.
So we do have a statement from the Sesay Defence team in respect of this witness and going back to your Honours' orders, paragraph 2 puts a prohibition on who, if anyone, we could disclose this information to and generally, drawing from the Sesay protective measures decision, these sorts of statements are otherwise confidential and I would not be able to use them, at least this is my reading of the order, in open session.
I have advised the Prosecution of the two applications, the first one being leave of court to disclose it to the Prosecution and the second one being leave of the Chamber to use the statement in open session. I will let the Prosecution speak to their position at the appropriate time, but to foreshadow that response, the email I received from counsel opposite was that they certainly would request that the document be disclosed to them and that they would leave it up to the Chamber in respect of the second part of my application: To decide whether or not it could be used in public.
I do have the statement in the bundle of documents the Defence ordinarily uses in cross-examination and I can proffer - propose to the Chamber that there is nothing in the contents of the document that would compromise the security of this witness, or any other Prosecution witness. There is nothing in the content of the document that is otherwise so sensitive that it could not be aired in public and used during examination in an open session.
So on the basis of all of that I make two applications. The first is to disclose it to the Prosecution and the second is to use the information in open session. If it would assist the Court and the Chamber wished to look at the document, I could easily hand out our Defence bundles at this time. Thank you, Madam President.