7 In further support of this alternative submission the Prosecution relies on

7 in further support of this alternative submission

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7 In further support of this alternative submission the Prosecution relies on its arguments put forward in an earlier motion. 8 4. In support of its application for admission of the documents under Rule 89(C), the Prosecution states that the documents relate to: (i) the chapeau requirements of the crimes charged; (ii) the several forms of liability alleged by the Prosecution in this case; (iii) the crime base; and (iv) evidence of a consistent pattern of conduct under Rule 93. The Prosecution further states that the documents are also relevant as they corroborate evidence on the court record. 9 The Prosecution argues that no undue prejudice to the Accused arises from the fact that a document is produced without calling a witness, since the Trial Chamber has discretion under Rule 89(C) to admit any relevant evidence and “the inability of the Defence to cross-examine such witnesses is a matter that goes to the weight of the evidence, not its admissibility”. 10 5 Motion, paras 1, 5. 6 Motion, para. 3. 7 Motion, para. 5. 8 See Prosecutor v. Taylor , Case No. SCSL-03-01-T, Prosecution Motion for Admission of Documents of the United Nations & United Nations Bodies, filed on 29 October 2008, paras 15 – 17. 9 Motion, para. 8. 10 Motion, para. 10. Case No. SCSL-03-1-T 3 26 March 2020
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5. In support of its alternative application for admission of the documents under Rules 89(C) and 92 bis, the Prosecution submits that the documents are relevant, 11 their reliability is susceptible of confirmation 12 and that their admission would cause no undue prejudice to the Accused. 13 The Prosecution has also indicated by underlining in Annexes A and B those portions of the documents which go to the acts and conduct of the Accused, assuming that such qualification “is still applicable to documents not prepared for the purposes of legal proceedings”. 14 Further, while the Prosecution acknowledges that the documents “do concern acts and conduct of those who might be considered the Accused’s immediately proximate subordinates”, it claims that “it is in the interests of justice that this relevant evidence is brought before the Chamber, and that the Chamber be allowed to assess the appropriate weight to be given to it at the conclusion of the case”. 15 Response 6. The Defence opposes the Motion on the grounds that the documents are not admissible under Rule 89(C) alone and can only be admissible under Rule 89(C) in conjunction with Rule 92 bis , under which rules the documents should be excluded because they go to the acts and conduct of the Accused or to those individuals and/or groups allegedly subordinate to the Accused, “and/or their probative value is outweighed by their prejudicial effect”. 16 7. The Defence cites the ICTY Trial Chamber decision in Milutinovic that statements taken by NGOs which were not prepared for the purpose of legal proceedings were only potentially admissible under Rule 89(C) if sufficient indicia of reliability was evident in the reports themselves. 17 The Defence submits that the in the case of the subject NGO Documents, the persons interviewed are not identified, the writers of the reports did not personally take 11 Motion, para. 13.
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  • Summer '16
  • Ramon Wawire
  • The Land, Evidence law, Liberia, Sierra Leone, The Trial Chamber

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