Wednesday, 2 June 2010- Further Delays in OTP Investigator´s Testimony

Today at 9.30 am was the deadline, set by the Chamber, for the Prosecution to confirm the availability of the investigator who will testify on the allegations made by the Defence against the intermediaries. However, the Prosecution appears in court "empty handed."

The Prosecution explains that they identified three individuals as the most convenient: the former investigation team leader and the two investigators who dealt regularly with intermediaries 316 and 321, but none of them are currently in Europe. The team leader and the investigator who dealt with intermediary 316 no longer work for the Office of the Prosecution, and the third, the investigator who dealt with intermediary 321, is now in the DRC.

On 19 March, the Prosecution recommended that an appropriate representative should give evidence on the intermediaries. "It was suggested that an individual would provide comprehensive and detailed information about how the OTP contacted the intermediaries and to explain their role and how they were selected," says Judge Fulford.

On 12 May, the Chamber ordered that the individual identified by the Prosecution should be called to testify following the Defence witnesses on the abuse of process application. But the individual has not yet been identified by the Prosecution nor is he (or she) available to testify immediately after the last Defence witness.

In the Chamber´s view, the submission made in March was a "clear indication" that the Prosecution "had a person in mind that was able to address all these issues in relation to the intermediaries." Additionally, the judges sent an email to the Prosecution on the 26^th of May asking about the potential witnesses the team intended to call to counter the Defence's abuse application. It appears that it was only after this email that steps were taken by the Prosecution to contact the investigators.  "This is deeply disappointing," says Judge Fulford. "There will now be no one to fulfill the role we ordered on the 12^th of May. The Prosecution raised the matter in March; the Chamber made a decision in May. How much time does the Prosecution need to discuss this internally?" wonders the Judge. "This is absolutely a catastrophe and a completely unjustified delay." On his mind, there is also the problem with passports that impede the intermediaries to travel to The Hague and testify at the expected time.

The judges then decide to give the Prosecution one last chance: "At 9.30 tomorrow morning the Prosecution must be in a position to provide us a schedule which is acceptable as regards the individuals that will attend to deal with what we set out in our decision [on 12 May] and the email on the 26^th of May.  Real steps must be taken. The Chamber is extremely displeased at this lack of activity with respect to this issue."