Special Court, Taylor trial update

Counsel for Charles Taylor have sumitted a core witness list with the pseudonyms of 35 witnesses (excluding Mr. Taylor himself) they expect to call in his defence. Of the 35, ten have testified already. Evidence from two of the witnesses will be Under Rule 92ter and 92quater, respectively (see the relevant parts of the Rule below). The other 23 will testify in person.

Rule 92ter: Other Admission of Written Statements and Transcripts (adopted 24 November 2006)

With the agreement of the parties, a Trial Chamber may admit, in whole or in part, the evidence of a witness in the form of a written statement or transcript of evidence given by a witness in proceedings before the Tribunal, under the following conditions:

(i) the witness is present in court;
(ii) the witness is available for cross-examination and any questioning by the Judges; and
(iii) the witness attests that the written statement or transcript accurately reflects that witness’ declaration and what the witness would say if examined.

Rule 92quater: Unavailable Persons (adopted 14 May 2007)

(A) The evidence of a person in the form of a written statement or transcript who has subsequently died, or who can no longer with reasonable diligence be traced, or who is by reason of bodily or mental condition unable to testify orally may be admitted, whether or not the written statement is in the form prescribed by Rule 92bis, if the Trial Chamber:

(i) is satisfied of the person’s unavailability as set out above; and
(ii) finds from the circumstances in which the statement was made and recorded that it is reliable.

(B) If the evidence goes to proof of acts and conduct of an accused as charged in the indictment, this may be a factor against the admission of such evidence, or that part of it.

Peter C. Andersen, Chief of Outreach and Public Affairs, Special Court for Sierra Leone

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