12 Motion Motion Motion paras 7 16 15 Motion

12 motion motion motion paras 7 16 15 motion

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12 Motion, para. 14. 13 Motion, para. 15. 14 Motion, paras 7, 16. 15 Motion, para. 17. 16 Response, paras 2, 29. 17 Response, para 4, citing Prosecutor v. Milutinovic et al ., IT-05-87-T, Decision on Evidence Tendered Through Sandra Mitchell and Frederick Abrahams (1 September 2006) at paras 19, 22; Decision on Evidence Tendered Through Fuat Hazhibeqiri (8 September 2006); Decision Denying Prosecution’s Second Motion for Admission Evidence Pursuant to Rule 92bis (13 September 2006). Case No. SCSL-03-1-T 4 26 March 2020
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the statements, and that the Trial Chamber, not having had the opportunity of hearing any of the persons who made the statements, is not in a position to assess the reliability of the “factual contentions contained therein”. 18 The Defence further submits that the evidence in the NGO Documents was created to highlight human rights abuses “for the individual needs of the NGOs and not for creating an objective factual account of what actually happened at the time of the event that is being depicted”. 19 Further, and alternatively, the Defence submits that the NGO Documents should be viewed as expert evidence and the authors as expert witnesses since the material is of a technical nature and it requires a specific field of knowledge. 20 8. The Defence submits in addition that the documents are inadmissible because (i) the documents, in many instances, speak directly about the Accused and his involvement in the Sierra Leone conflict and “it would be highly prejudicial for the Documents to be admitted without a witness who could speak to their contents and authenticity”; 21 (ii) the Prosecution seeks to admit evidence material to command responsibility or joint criminal enterprise without giving the Defence an opportunity for cross-examination; 22 (iii) many of the documents refer to subordinates of the Accused, and where evidence is close to subordinates “it would not be fair to the accused to permit the evidence to be given in written form”; 23 (iv) the very nature of the documents relates to critical and proximate elements of the case against the Accused and that there are additional extracts in the NGO Documents that go to the acts and conduct of the Accused which have not been identified by the Prosecution, 24 (v) if the documents are not offered through a witness the Trial Chamber would not be able to decipher their context, and a lack of context can render documents inadmissible as lacking sufficient indicia of reliability; 25 and (vi) the documents are produced at such a late stage in the proceedings that witnesses who have previously testified cannot be challenged on the contents or accuracy of the documents, although the Prosecution has already called a 18 Response, para. 5. 19 Response, para. 6. 20 Response, paras 7, 8. 21 Response, paras 10, 11. 22 Response, para. 12. 23 Response, para. 13. 24 Response, para. 14. 25 Response, para. 17. Case No. SCSL-03-1-T 5 26 March 2020
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number of witness who could have commented on the contents of the documents. 26 Reply 9. The Prosecution disputes the objections of the Defence and its interpretation of the jurisprudence relating to Rules 89(C) and 92 bis , and
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  • Summer '16
  • Ramon Wawire
  • The Land, Evidence law, Liberia, Sierra Leone, The Trial Chamber

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