Special Court for Sierra Leone, RUF Trial, Update 75

RUF Trial

Special Court for Sierra Leone

Sierra Leone

English

This week’s proceedings touched on several important legal and procedural issues, particularly concerning representation for the third accused. The matter of representation was not seen in isolation: the issue invoked a debate in front of the Trial Chamber regarding the legal propriety of actions taken by the Principal Defender and his Office, as well as regarding the proper role of the Defence Office. The Principal Defender advocated for the addition of a competent Sierra Leonean counsel to the defence team in question, which is, at the present moment, composed entirely of international counsel. However, the relationship between lead counsel and the accused has seemingly been irreparably damaged, something that, according to Mr. O’Shea, was brought about by the actions of the Defence Office. Not only did these proceedings highlight tensions inherent in the accused’s right to choose counsel, they also publicly exposed perceived fractures within the Defence Office, a lack of communication between the Office and assigned counsel and confusion over the actual role of the Office, all of which are likely to impact the quality of the defence.

The 5th week of the RUF trial session was also marked by the testimony of three prosecution witnesses. Two of the witnesses gave their evidence entirely in closed session, while Brigadier Ngondi of Kenya testified about the capture and killing of UNAMSIL troops in Makeni by RUF combatants in open session. He faced an extensive cross-examination by the three defence teams. Questions focused on the nature of the reports Ngondi relied on for his testimony as he himself was not an eyewitness to the events and on the UN forces’ own adherence to the rules of combat.