Prosecution pushes for new incidents in trial, targets late August deadline | GMA News

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[00:00:00]Yes, the um the second uh matter that um has been raised by you is um the question of um adding new incidents.

[00:00:16]Which the pre-trial chamber left open.

[00:00:20]Um and not surprisingly um the defense aren't very happy about that.

[00:00:26]Um I I think it would going to have to give you um a deadline um in in which uh if you want to add new incidents um you're going to have to comply with that deadline and and it's likely to be when um we give you the deadline for disclosure.

[00:00:48]Your Honor, our our date we were going to propose would be was going to be the end of August. Um and I can say that we uh are being conservative in in in in any new um incidents we're adding. So, uh it will not be a a huge un- unmanageable number.

[00:01:13]Now, um that sounds that you are going to be applying to add new incidents.

[00:01:18]Yes, I imagine we will, but but I think it will be a few. Some of them are related to existing witnesses where we got more evidence. Some is is material that's come in soon, but that fits perfectly within the theory and it's just really part of the same case. So, but it will not be a huge number. Right.

[00:01:40]Uh then, Mr. Haynes, anything you want to say? I mean, as I say, you we understand your >> [clears throat] >> dissatisfaction.

[00:01:49]Um Your Honor, this this was going to be the only item on which I made any substantive submissions today.

[00:01:58]But in the light of Mr. Nichols' comments, perhaps I'll wait to see what is proposed.

[00:02:05]Um I'll give you it in outline. We we regard the pleading of what are in effect charges as um something else, instances, or whatever, as as a device to get round the fact that what is in fact being done here is extra charges are being added after committal, which of course would require a return to the pre-trial chamber under Article 619.

[00:02:34]This is a very unusually pleaded DCC. I think if you look back at Abdel-Rahman, you'll see that what in that case would have been a topical heading by geographical location or similar, here has been pleaded as a account.

[00:02:49]Account which in old money I think you and I would have regarded as duplicities because it alleges 19 murders as a single charge, and of course thereby deprives the trial chamber of delivering different verdicts on each of the underlying acts.

[00:03:07]But as I've said, I'll keep my powder dry for today.

[00:03:11]Um we're not going to be silly.

[00:03:13]Uh our real concern is what the the parameters of this trial are.

[00:03:19]Uh if we are to investigate, say, even 50 plus um episodes, then then that's manageable.

[00:03:29]But if the suggestion is that we are in effect in a sort of public inquiry here, which spans 300,000 square kilometers and a nation of 120 million people over 7 and a half years, then then this trial really is going to get out of hand, and our investigations will be impossible.

[00:03:50]Yeah. Well, Mr. Haynes, um that's fine. I mean, until such time as we see what the prosecution is proposing. I mean, your problem is that the trial pre-trial chamber specifically left it open.

[00:04:03]Um and um I suppose it it it's um if you go back to the old days, it's it's like pleading a fraud with all sorts of different instances which are examples of the fraud. Yes. Um but anyhow, we'll we'll um I'm sure that Mr. Nichols has had what you'll say. Um and and Mr. Nichols is fully aware that that the trial chamber um has every intention of this trial proceeding expeditiously. Thank you.

[00:04:34]I'll I'll speak to my friend when we have a chance, and I I think I'll be able to put his mind at rest. Yeah. Yes, thank you very much. Um again, Mr. Masire, I don't think there's anything that affects you on that. Um yes, all the registry.

[00:04:49]Um So, um on the question of outstanding disclosure, um I I think both of you are agreed, and can we um emphasize that the trial chamber thinks is very sensible. Um disclosure will go on a rolling basis as before.

[00:05:16]Um and um the the same deadline effect really is going to apply to to um all of this um these matters of disclosure and the like.

[00:05:32]Um Yes, and if there's to be um any request for delayed disclosure, could you send that uh could you file a motion to that effect as soon as possible, please, Mr. Nichols.

[00:05:48]And you've got to show good cause, as you might expect. Yes, Your Honor. All right.