Thank you, your Honour.
The obligation, your Honour, to return to the first question, exists at a number of levels for Defence counsel who may be leaving a case, and in the directive on the assignment of counsel, Article 25(B) in particular, the obligation is spelled out. It provides that -- Article 25(B), which speaks about the replacement of counsel, where the assignment of counsel is withdrawn by the Principal Defender, as he did with respect to Mr Khan on June 14th, 2007, said counsel must deliver - and I'm abbreviating the provision here - said counsel must deliver within 15 days of withdrawal all the original documents in the file to the counsel who succeeds him or to the Defence Office who will then forward the documents to the new assigned counsel, or, of course, where the suspect or accused has chosen to represent himself, to the suspect or accused.
In view of the position of the Defence Office based on consultations with Mr Taylor, we were of the view that Mr Taylor was not representing himself so we did not take action in that regard.
On the 12th of June, 2007, I received a letter from Mr Khan proposing to hand over the original documents that he had in his possession as lead counsel for Mr Taylor, and he drew a distinction along the following lines: There was a hard copy of the Prosecution disclosure which the Prosecution, of course, had delivered to him, both in Freetown and in The Hague. And in that letter he indicated that in the cupboards in the four offices that had been allocated to the Defence was all the hard copies of the disclosure.
Now, there was also a second category of disclosure which was electronic material. That electronic material he had received by agreement with the Prosecution almost as a courtesy, as I understand it, subject to an undertaking by Mr Khan that if he leaves the case he would transfer those materials back to the Prosecution.
Now, this letter that I have here says this and that is in cupboard 26428, 26415, and so on. I was given the keys to all those cupboards which I kept in the Defence Office.
Now, what we proceeded to do was to prepare, as we would have new counsel coming in, to hand over all those materials. But the difficulty, of course, is one that had been raised before from the point of view of my knowledge of the completeness or lack thereof of the disclosure. As your Honours may recall, when the Principal Defender appeared before the Chamber, he noted that I was not privy to disclosure before the order had come from -- subsequent to which an order came from the Chamber when I was in my role as Duty Counsel to Mr Taylor for that interim period between July 3rd and the assignment of new counsel for Mr Taylor.
So basically we reviewed the state of the hard copies of the disclosure in the Defence Office, categorised it along the lines that we saw, and provided that material, handed over the keys, to the new team when they came to The Hague just before August 1st.
Now, I was informed in the letter from previous counsel on the 12th of June that he would contact the Prosecution with respect to the electronic disclosure and give it back to them. I understood -- I learned subsequently that in fact, upon approaching the Prosecution, they asked Mr Khan or members of his team to pass the material back to myself or the Defence Office.
From my point of view, the distinction there that the Defence Office could not receive electronic material was one that was not cogent insofar as I, in any event, was acting as interim Defence counsel for Mr Taylor. Of course, there are issues of interpretation there that I would not bore the Chamber with.
But the bottom line is, if I may put it this way, your Honour, we received hard copies of the material, and with respect to electronic disclosure that was going back to the Prosecution, the team -- the former team members did not provide me with the material, even after, as I understand it, communications with the Prosecution, until - until - as recently as last week when I was asked to pick up a hard drive containing electronic disclosure.
And, your Honour, I may pause here --