Wednesday, 28 April 2010- Defence attempts to discredit participating victims

The Lubanga trial resumes a day earlier than expected. Presiding Judge Fulford reopens the case by apologizing for the unforeseen delay and announces that the Legal Representatives of the victims will examine the next Defence witnesses, Witness 32 and Witness 33. Lubanga´s lawyers intend to use both testimonies to discredit a  participating victim who testified before the court inearly January. "The interest of the victims is clear, so they are entitled to put [forth the witnesses'] questions relevant to the case," says Judge Fulford. Thus today, the Legal Representative of the victims will question Witness 32 immediately after the Defence´s examination in chief.

Witness 32, a young boy in his twenties, testifies via video link from Bunia. He appears on the public screens and his voice is clearly audible, so no protective measures are in place to conceal his identity. "Good morning," greets the Presiding Judge. The witness takes the oath and the first questions are put forth by the Defence.

Tonicua Orichi Dieudoné [as interpreted] tells the Judges he was born in Logo in 1988 and gives a chronological narration of his years in school.

The Defence has produced a binder with different documents to show Witness 32. There are pictures in the booklet of some of the witness's relatives."That is my father...Yes, it´s my mother...it´s Eric, the brother of my father..." Following the description, Ms. Mabille jumps to the next question: "Your Honour, I am going to ask the witness if he knows Witness 270 and I intend to do it publicly." The person the Defence Lead Counsel is referring to is a participating victim represented by Joseph Keta. "This is my client, so any question related to the identity of my client must be put in private," says the lawyer, reminding everyone that there are protective measures in place to protect this particular witness. From this point,on, any discussion of the role played by Witness 270 and his relationship with Witness 32 will be merely speculative.

Ms. Mabille continues showing documents to Witness 32: a statement that supposedly was  given by the witness, his student identity card, school records, and the transcript of an interview conducted in August 2009. All pieces have something in common: none of the signatures on the documents belong to Witness 32. "When you indicate [it] is not your signature, do you know who could have signed these documents on your behalf?" asks the Defence Counsel. Witness 32 gives a precise name: REDACTED. 

During the course of the Legal representative´s examination, it is revealed that Witness 32 was a child soldier in Thomas Lubanga´s ranks. "I was forcibly taken away when I was selling tobacco. I found soldiers who asked me to sell them cigarettes. They told me to hand over all the cigarettes I had (...) I followed them to the [military training] camp. When we reached the camp, they started beating me," explains Witness 32. "Which group did the soldiers belong to?" asks Mr. Keta. "The UPC."

In an unusual order of questions, the Prosecution follows the Defence and Legal representative's examinations. The Prosecution's goal seems to be to prove that Witness 32 mixed up the years in his schooling story.

According to the witness testimony, in 1997-1998 he was enrolled in his third year of primary school but Ms. Samson holds a document which says that Tonicua Orichi Dieudoné finished his third year in 2000-2001. "This person cannot be you, can he?" asks the Trial Lawyer. Witness 32 seems to be confused. "So now are you saying that instead of completing your third year in 1997 you did it in 2000-2001?" Ms Samson asks.

Ms. Samson then shows that the academic year in which the witness stated he finished his fifth course and his date of birth are inaccurate. The witness admits this is a complicated exercise and that he has problems recalling dates.

In another attempt to undermine the witness´s credibility, Ms. Samson requests his fingerprint and signature to be analyzed, but the time is running out. The trial lawyer gets to show that Witness 32 signs as "Ye-Ye", his nick name. "Everybody, even my mother and father use that name," he says. But this is a name that was never used in any of the Court documents.

Witness 32 continues giving testimony tomorrow morning.