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

Your Honour, yes. Your Honour, can I begin by making two general observations. The first is that in all courtroom situations it is presumed that the tribunal and not the parties have control over the conduct of the proceedings, and in our submission the Prosecution cannot dictate to either the tribunal or the opposing party how the proceedings should be run.

The second general observation I would make is this. I have as lead counsel for this defendant a duty - a professional duty - towards him, and in our submission I would be in breach of that professional duty to my lay client if I were in advance of hearing the evidence of the witness to impose a constraint, or have a constraint put upon me, as to what issues and for what length of time I can pursue issues which I consider relevant to the proper defence of this accused man.

Now bearing those two principles in mind, your Honours, in our submission the following statutory provisions and rules of procedure of the Special Court for Sierra Leone impinge upon this particular decision.

Firstly Article 7, which as a minimum guarantee establishes that the accused is entitled to examine or have examined the witnesses against him.

Secondly, your Honours, you should bear in mind the provisions of Rule 27 bis which where relevant provides:

"The Trial Chamber ... shall ensure that a trial is fair and expeditious and that proceedings before the Special Court are conducted in accordance with the Agreement, the Statute and the Rules ..." (then with this important caveat) "... with full respect for the rights of the ..." --

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