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

Yes, Madam President. With leave of the Court, I will make the application concerning the testimony of this witness. It has been alluded to and discussed previously. The application is quite simply that, in order to finish the witness this week, limits be placed by the Trial Chamber on the examination of the witness.

And just to recap the situation that brings us to that request, after the decision was made that closed session would not be allowed for this witness we did discuss that decision and possibilities for testifying with the witness. He indicated that he required certain security measures in place for his family before he would be willing to risk coming into open court and testifying in open court. We notified the Prosecutor of this request by the witness and the Prosecutor worked diligently to put such measures in place. These measures are carried out by individuals not under our control, and our understanding today is that these measures are for a limited period of time only. The agreement that is currently in place would cover these measures for this week and for a certain short period of time upon the witness's return to his home.

It is in light of these circumstances that the Prosecution request that this Trial Chamber exercise its sound discretion and order that examination - the examination be limited in the following manner. That the Prosecution conduct the direct examination of the witness today (Wednesday) and that the Defence conduct cross-examination tomorrow (Thursday) and Friday. Should the Chamber elect to sit for a full day Friday, that would allow the Defence two full days for cross-examination. Under the current schedule, that would allow the Defence one and one-half days for cross-examination.

In terms of the Trial Chamber's ability and discretion to limit examination of witnesses the Prosecution's position is the same as it was when we filed our motion for guidelines for conduct of the trial on 22 May 2007, and in that, a request regarding length of cross-examination, we requested a guideline that absent a showing of good cause cross-examination would not exceed the time allotted for examination-in-chief and pointed to jurisprudence from the ICTY that in large part limited cross-examination to 60 per cent of the time allotted for the examination-in-chief.

Yesterday to assist the Trial Chamber with this issue, the Prosecution reminded them of this pleading simply so that they could look at the authorities which were cited. Now we do have today for the assistance of the Chamber copies of the authorities that were cited and, in addition, a case of Delic which is a 2007 ICTY case as well. So, if it would be of assistance, I do have copies if the Court Manager could assist us.

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