Special Court for Sierra Leone, RUF Trial, Update 83a

RUF Trial

Special Court for Sierra Leone

Sierra Leone

English

Summary The 4th week of the current RUF trial session saw the closed session testimony of both an insider witness as well as an expert witness for the Prosecution, who is set to close their case by the end of this session. The expert witness testified about the involvement of children under the age of 15 with RUF fighting forces during the conflict in Sierra Leone, as charged in Count 12 of the Indictment.1 The Prosecution also tendered a report authored by the expert witness in question, which, despite vigorous objections by the defence, was admitted into evidence by Trial Chamber I. In its decision the Chamber reiterated its flexible approach to the admissibility of evidence, in line with other international criminal trials.

During the testimony of Witness TF1-041, the Defence launched objections regarding the lack of notice with respect to the witness’ testimony on the alleged reporting structure of the RUF as well as the implication of the third accused in certain events, with counsel describing himself as ‘surprised’ by the testimony. Disclosure by the Prosecution has been an ongoing point of contention throughout the RUF trial, with the Defence alleging that the Prosecution’s continuous and late disclosure of supplemental factual allegations contained in witness statements has deprived the Defence of adequate opportunities to cross-examine witnesses on such information. The Trial Chamber has consistently determined that the Prosecution has not breached its disclosure obligations by serving these statements on the Defence and that such additional allegations are admissible provided they are germane to the factual allegations set out in the Indictment. Furthermore, the Chamber has reiterated that the Defence can continue to exercise its right to cross-examine witness on all information contained in these supplemental statements and to apply for an adjournment, should they require more time to prepare to do so.