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

Thank you very much, Madam President, and I'm grateful for this opportunity to clarify this most important point. The position of the Defence, which is set out we hope succinctly and completely in Ground 6, is that when the Chamber took judicial notice in 2009 of adjudicated fact 15, the Defence understood that there was now a presumption of truth that attached to the idea as found in the AFRC case that the RUF reinforcements, who were at Waterloo on the edge of Freetown, did not manage to provide support to the troops who were in Freetown. So the case proceeded, and the Defence streamlined its case accordingly and was no longer required to bring evidence on this particular point whether or not the RUF actually managed to get into Freetown. Now, what happened in the Judgement was that in paragraph 3378, the Trial Chamber recognised that, "Yes, we have taken judicial notice of this adjudicated fact. We understand the trial's progressed in the manner that adjudicated fact govern this particular point, namely the connection of the two groups, but we think that the Prosecution in its final trial brief has challenged that presumption. They've submitted in their final trial brief, at paragraph 540, that in fact there was this connection between the two groups. So we think now, because of that paragraph in the final trial brief, we can consider all the evidence that's been called in relation to that fact." Now, the prejudice --

Keyboard shortcuts

j previous speech k next speech