For these reasons we find that the Trial Chamber did not err in law in holding

For these reasons we find that the trial chamber did

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For these reasons, we find that the Trial Chamber did not err in law in holding that Rule 92 bis exclusively controls the admission of a document submitted in 29 SCSL-03-01-AR73-721, Decision on ‘Prosecution Notice of Appeal and Submissions Concerning the Decision Regarding the Tender of Documents’, 6 February 2009 (“Appeals Chamber Decision”). 30 Appeals Chamber Decision, para. 30 (original footnotes omitted). 31 Appeals Chamber Decision, para. 33(original footnotes omitted). Case No. SCSL-03-1-T 7 26 March 2020
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lieu of oral testimony and that such document must be channelled through a witness in order to be admissible under Rule 89(C). 32 […] 13. The effect of Rule 92 bis is to permit the reception of information – assertions of fact (but not opinion) including, but not limited to, written statements and transcripts that do not go to proof of the acts and conduct of the accused – if such facts are relevant and their reliability is “susceptible of confirmation”; proof of reliability is not a condition of admission: all that is required is that the information should be capable of corroboration in due course. 33 This leaves open the possibility for the Trial Chamber to determine the reliability issue at the end of the trial in light of the totality of the evidence by deciding whether the information is indeed corroborated by other evidence presented at trial, 34 and what weight, if any, should be attached to it. 35 Simply admitting a document into evidence does not amount to a finding that the evidence is credible. 36 14. A distinction must be drawn between “the acts and conduct of those others who commit the crimes for which the indictment alleges that the accused is individually responsible” and “the acts and conduct of the accused as charged in the indictment which establish his responsibility for the acts and conduct of others.” Only written statements which go to proof of the latter acts and conduct are excluded by Rule 92 bis . 37 32 Appeals Chamber Decision, para. 34. 33 Prosecutor v. Norman, Fofana, Kondewa , Case No. SCSL-2004-14-AR73, Fofana – Decision on Appeal Against “Decision on Prosecution’s Motion for Judicial Notice and Admission of Evidence”, 16 May 2005, para. 26. 34 Prosecutor v. Sesay, Kallon & Gbao , SCSL-04-15-T, Decision on Sesay Defence Motion and Three Sesay Defence Applications to Admit 23 Witness Statements Under Rule 92 bis , 15 May 2008, para. 30. 35 Prosecutor v. Norman, Fofana & Kondewa , SCSL-04-14-T, Decision on Prosecution’s Request to Admit Into Evidence Certain Documents Pursuant to Rules 92 bis and 89(C), 15 July 2005, p.4; see also Prosecutor v. Sesay, Kallon & Gbao , SCSL-04-15-T, Decision on Sesay Defence Motion and Three Sesay Defence Applications to Admit 23 Witness Statements Under Rule 92 bis , 15 May 2008, para. 30. 36 Prosecutor v. Norman, Fofana & Kondewa , SCSL-04-14-T, Decision on Fofana Request to Admit Evidence Pursuant to Rule 92 bis , 9 October 2006, note 32, para. 18; see also Prosecutor v. Sesay, Kallon & Gbao , SCSL-04-15-T, Decision on Sesay Defence Motion and Three Sesay Defence Applications to Admit 23 Witness Statements Under Rule 92 bis , 15 May 2008, para.
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  • Summer '16
  • Ramon Wawire
  • The Land, Evidence law, Liberia, Sierra Leone, The Trial Chamber

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