The motion filed by the defence team of the first accused Issa Sesay and supported by the two other indictees, Morris Kallon and Augustine Gbao of the Revolutionary United Front (RUF) was on the 25th June dismissed by the Judges of the Trial Chamber on the grounds that the objection was not raised at the earliest opportunity.
The three judges Benjamin Mutanga Itoe presiding, Pierre Boutet and Bankole Thompson stated that “the objection was not raised (at the) earliest opportunity and that no material prejudice has been caused to the objecting parties.”
The judges ruled that as a result “the application is meretricious and accordingly dismiss the application in its entirety.”
The Issa Sesay defence team had earlier filed an application to the chamber requesting the chamber to call a member of the Management Unit to tell the court about their means of giving funds to prosecution witnesses.
They claimed that it affects the “integrity of the RUF trial and the legacy of the Special Court may well have been undermined by the payments or the public perception of them. It is imperative thus that the Trial Chamber seeks the truth and restores that which has been damaged.”
The prosecution response was that they had an “unfettered discretion” to take all measures deemed necessary for the purpose of the investigation.
After noting the motion by the indictees and the response filed by the prosecution, the judges pointed out that the counsel for the first accused had in the course of their Examination in Chief of witnesses, did exercise that right with some witnesses.
They observed further that counsel for Issa Sesay did not call any such witnesses nor did they attempt as part of their case to introduce any other such evidence – neither of these matters nor of any such exhibits.