Thursday, 18 February 2010- The Defence of Thomas Lubanga goes to DRC "to conduct critical research"

The last two Defence witnesses complete their testimony without any information being disclosed to the public. Everything is held in private session.

The silence is only broken when Presiding Judge gives the witness his "profound thanks" for his assistance. "Closed session please and the witness can withdraw," says Judge Fulford. The Chamber then informs that a meeting between the Defence and representatives of the Victims and Witness Unit must take place "immediately." In the next few days, the team of Thomas Lubanga is travelling to DRC "to conduct critical research." Therefore the Judges request the Defence to notify whether this meeting can finally take place or if it is necessary a closed ex-parte hearing to resolve this matter. Mr. Biju-Duval must inform the judges by five o´clock. "If we sit again, it will be an ex-partie hearing -Defence only-," says Judge Fulford. The daily hearing adjourns at this moment.

Yesterday, the proceedings were also unexpectedly suspended after Maitre Biju-Duval raised a matter of dispute between the Defence and the Office of the Prosecutor. He informed the Chamber that the OTP objected to the Defence teams of Lubanga and Katanga-Ngudjolo exchanging information about certain common witnesses in both cases. The Office of the Prosecutor accuses Germain Katanga and Mathieu Ngudjolo Chui of committing crimes against humanity and war crimes in the assault on Bogoro village on 24 February 2003, as a part of a widespread and systematic attack carried out jointly by the Lendu-Ngiti militias against the Hema population in Ituri. The trial started in November 2009.

"The objective of the OTP is hard to understand," said Mr. Biju-Duval. "We must conclude that the Defence teams receive the same information. Because if it is not the case, we could believe that certain information was held back by OTP to one of the Defence teams. It is important for the Defence of Thomas Lubanga to get this information as soon as possible."

The Prosecution explained there are differing disclosures between defence teams either beacause of protection purposes, or simply because some information is irrelevant. Ms. Samson also pointed out there is an order issued by the Trial Chamber II [Katanga-Ngudjolo case] which restricts the flow information between the two accused, Germain Katanga and Mathieu Ngudjolo and beyond. The Prosecution's primary concern is the way in which the Defence teams share information with one another.  Information that is protected in one case can be accidentally revealed in another.

The trial will resume on the 3rd of March, once the Defence concludes its research in the Democratic Republic of Congo.