Thursday, 11 February 2010 - Judge Fulford: "The Witness has broken down"

The hearing scheduled to begin at 9.30 is delayed. The Judges had to discuss "essential" matters before entering the courtroom. Judge Fulford greets the participants and gives the floor to Defence Counsel Marc Desalliers. The witness box is still empty. Mr. Desalliers tells the Chamber that during the course of the witness´ testimony yesterday, his client gave an answer that does not correspond to the English translation. Presiding Judge Fulford, who would rather avoid delay, asks the Counsel to solve this matter with the translators. It is almost 10 o´clock and the third Defence witness has not yet entered the court.

"Witness please," says Judge Fulford. Silence. A couple of minutes pass and the witness does not appear. The Court Officer passes a message to the Judges. "The witness is very upset," informs Judge Fulford. "He has broken down."  The Judge asks the Victims and Witness Unit to offer the witness psychological support. The three judges rise until further notice while the rest of the trial participants remain in their sits. The accused, Thomas Lubanga leaves the room too.

It is a moment of confusion. When five minutes have passed, the Judges come back with a message from the psychologist. "The witness is still upset and may continue to be so during the course of his testimony this morning," says Judge Fulford. Therefore the lawyers are asked to "keep an eye" on this circumstances.

Witness 04 enters the room with a serious expression. He takes a seat, downcast. He holds a tissue in his hands. He doesn´t look at Ms. Samson when she puts questions to him. From the public gallery all signs have to be interpreted. Their voices are not audible. Witness 04´s testimony is once again in private session.  Unexpectedly, Ms. Samson concludes her questioning within a couple of minutes. Witness 04 is not being receptive.  Judge Fulford intervenes. He goes red in face. On the other side of the room Lubanga´s Lead Counsel, Ms. Mabille puts her head in her hands. The Witness is escorted out of the room. Closed session.

After a brief break Ms. Samson resumes her questioning. "Mr. Witness, you explained that you were accused [by his own people] of lying about Thomas Lubanga. Was it difficult to accept that?" asks the Trial Attorney. "It was a bad thing to testify against Thomas Lubanga, right?" she insists. Witness 04 answers: "When I think about the lies I really was broken down. I doubted, but people continued with these lies, but it was very difficult for me."

The Prosecution has conducted the examination of this witness almost entirely in private session. Although the reasons are not clear it is likely that Ms. Samson has been asking about the involvement of an OTP intermediary. During the course of previous hearings the Prosecution has asked the Chamber to conceal the identity of individuals who collaborated with the Office of the Prosecution.  The trial therefore continues with the public audience none the wiser.