Trial Chamber judges of the Special Court for Sierra Leone sitting in The Hague today ruled that British supermodel Naomi Campbell will testify on Thursday, August 5, 2010, thereby denying a defense application that the supermodel’s testimony be put on hold until prosecutors honor all their disclosure obligations pertaining to the evidence she will present.
Defense lawyers made their application for a “Stay of Evidence Pending Disclosure of the Statement of Naomi Campbell” on July 30, 2010. They sought delay Ms. Campbell’s testimony asked the judges to require prosecutors to obtain statements from the supermodel and disclose said statements to the defense. In the said motion, Charles Taylor’s lawyers argued that the Rules of Procedure and Evidence of the Court impose an obligation on the prosecution to obtain a statement from the witness and that such statement must be disclosed to the defense before the witness commences her testimony. The defense lawyers argued that the said obligation on the prosecution is geared towards safeguarding the rights of the accused guaranteed in the Statute of the Court and that it is only through such disclosure that the accused will be adequately informed of the material allegations against him and be in the position to adequately prepare for his defense.
On August 3, 2010, prosecutors responded to the defense application. Prosecutors argued that they were not in possession of any statements or briefing notes of Ms. Campbell’s anticipated testimony because the witness had refused to speak to prosecutors. Prosecutors further argued that the Rules of the Court only impose an obligation on the prosecution to disclose witness statements that are in its possession and that the said Rules do not impose any obligation on prosecutors to obtain a statement from a witness, especially one that has been unwilling to make any statements. They stated that the summary of the issues, which they expect the witness to speak about, have already been disclosed to defense lawyers, and those should be sufficient enough to satisfy any disclosure obligations.
Today, the judges dismissed the defense motion, stating that the prosecution is not obliged to disclose those statements that are not in its possession and that prosecutors are also not obliged to obtain a statement from an uncooperative witness.
“The prosecution is neither able nor obliged to disclose documents that are not in its possession or to which it does not have access…nor is it obliged….to obtain a statement from an uncooperative witness,” the judges said.
The judges further said “the fact that a witness does not have a prior statement does not render a trial unfair or automatically put a party at an unjust disadvantage.”
“A witness may provide evidence which was unforeseen to both parties during his viva voce examination, independent of any previous statements, and it is for the Chamber to determine, on a case by case basis, whether this new information could affect the fairness of the proceedings.”
As a result of this decision, Ms. Campbell’s testimony will take place tomorrow. Ms. Campbell’s testimony will focus on allegations that in September 1997, Mr. Taylor sent men to deliver rough diamonds to her after they had both attended a star-studded dinner that was hosted by Nelson Mandela in South Africa. The diamonds, prosecutors allege, were given to Mr. Taylor by RUF rebels for him to sell and use the proceeds to purchase arms and ammunition for the rebels in Sierra Leone. Mr. Taylor has dismissed the allegations as “total nonsense.”
Inside the courtroom today, Mr. Taylor’s 19th defense witness, Issa Hassan Sesay, the convicted former interim leader of the Revolutionary United Front (RUF) – the Sierra Leonean rebel group that Mr. Taylor is accused of providing support for – continued his testimony on behalf of the former Liberian president. Mr. Sesay refuted claims by a prosecution witness that when he (Sesay) became interim leader of the RUF, he went to Liberia to inform Mr. Taylor about the disarmament of RUF fighters in Sierra Leone and that Mr. Taylor ordered him not to disarm to the UN peacekeepers in the country, saying that the UN could not be trusted. Mr. Sesay denied that such a meeting ever took place.
“I did not have such a meeting with Charles Taylor, and he never told me not to disarm to the UN,” Mr. Sesay said.
The prosecution witness who made this claim also told the court in 2008 that after Mr. Taylor had told Mr. Sesay not to disarm, “Issa [Sesay] said he didn’t believe he will continue taking instructions from Charles Taylor.”
“He said Charles Taylor now had peace in his country, that he had won elections in his country. He said Charles Taylor had already given peace to his own people and he doesn’t want he, Issa to give peace to his own people,” lead defense lawyer for Mr. Taylor, Courtenay Griffiths quoted the prosecution witness as saying in 2008.
The witness also testified in 2008 that Mr. Taylor ordered Mr. Sesay not to handover to the UN the arms that Mr. Taylor had provided. Instead, the weapons were to be handed back to Mr. Taylor if Mr. Sesay and the RUF no longer wanted to use them.
“Charles Taylor had said he was the one who had given them the weapons. If they did not use them, they should be returned to him,” the prosecution witness said in 2008.
Mr. Sesay today dismissed these claims as lies.
“I don’t recall because such a thing did not take place. Mr. Taylor or Yeaten [Benjamin], nobody gave me arms. When I became interim leader, nobody gave me arms. The arms that the RUF had, I disarmed all to the UN,” Mr. Sesay said.
Mr. Sesay accused prosecution witnesses of making up stories against Mr. Taylor, saying that such witnesses lied when they testified that the RUF was like a younger brother for Mr. Taylor’s National Patriotic Front of Liberia (NPFL) rebel group, or that RUF leader Foday Sankoh sought Mr. Taylor’s approval before the RUF amputated the arms of civilians in order to stop them from voting in the 1996 elections in Sierra Leone.
Mr. Sesay’s testimony continues on Friday.
Let’s hear what Naomi has to say.
Exellent ruling by the Special Court Of Sierra Leone! I repeat, great job..this is justice unfolding before our eyes. This is all Africa needs: use the justice system to deter crime rate among the rag-tag leadership in modern Africa such as the present case that is a “turning point of impunity for would be leaders like taylor.” This ruling will go down in History because I don’t know what other excuses Defense Lawyers got to hide behind and delay justice unnessariy! Yes! “The prosecution is neither able nor obliged to disclose documents that are not in its possession or to which it does not have access…nor is it obliged….to obtain a statement from an uncooperative witness,” the judges said.
The judges further said “the fact that a witness does not have a prior statement does not render a trial unfair or automatically put a party at an unjust disadvantage.”
“A witness may provide evidence which was unforeseen to both parties during his viva voce examination, independent of any previous statements, and it is for the Chamber to determine, on a case by case basis, whether this new information could affect the fairness of the proceedings.”
Well Fallah now that youve got the ruling any comments about the performance of the prosecution when Naomi Campbell testified? can you tell us why Ms Hollis will in the full view of the world disown her own witness which she fought tooth and nail to bring before the court?
Ladies and Gentlemen, what day is today at the Special Court? Well this day is the day of PAPARAZZIS. What are the questions we expect to hear anyway? ‘Naomi, someone said that Charles Taylor give you diamond, true or false? But THEY say that you receive a diamond gift from Mr Taylor? Who say so? Naomi replied. Well lets wait and see what really the expectation of the prosecuting team wants to hear. Maybe Naomi ad the other two witnesses can make Taylor guilty of the 11 counts charges.
PAPARAZZIS DAY AT SPECIAL COURT.
Can somebody please tell me her this unattractive woman begin a Supermodel?
You sound like a white lady….!!!!
Or shall i said a white bearch!!!
A supermodel received a gift from unknown persons without any security precautions and no concern to find out who sent her the diamond. I was told that many of these so-called Super models use their appearances to canopy their acute emptiness. Now, I am becoming convinced.
Does this brainless woman think the rest of the world is as dull as she is?
How can 2 men sent by Charles Taylor,go past the security at Nelson Mandela’s house after the dinner in the middled of the night to take a gift to Miss Campbell,maybe Nelson Mandela should be implicated!!!I guess he’s had his punishments by the almighties after being incaserated for 27years.But as we say ones a criminal is always a criminal especially in joint enterprise””I
It may be against Western European international law for a Black african man to have rough diamond these days,but infact we do have rough diamond as it is our natural resources and we can find them in our countries.
And given South Africa is the biggest producer of diamond,could the consideration be given that one of the security guard at Nelson Mandela’s house took a fancy to Ms Campbell and decided to give her a gift.
Just a thought.
I know a black man in south africa have no business with rough diamond…eventhough they worked in the mines own by whites.
what a day!!!!! Ms Hollis denying her own witness after going through the pain of obtaining a subpoena?… what next now oh ye Taylor haters?… Free this innocent man!… Ghankay must be free, he must return to Liberia, he must be president again! we dont care what the west thinks… he is our man… we love him!!!!!!!!!!
WOOOOOWWWWWW!!!!!
And what trick was Ms. Hollis trying to pull about Ms. Campbell NOT been a prosecutors’ witness???
And Fallah, really be WISE please…..where do you think case is heading from this point forward?? This was the prosecutors ONLY hope and ZERO they gained….infact, they LOST!!!
UMMMM!!!! did anyone watch the trial this morning?? I’d say naomi campbell became the Defense witness.. oh and the funny part was when Ms hollis tried to impeach her own witnes testimony by saying that what Ms campbell had said today, she said because se was affriad.. WHAT???????? REALLY????
Hi All
Prosecutor Vs Charles Taylor
0 1
Campbell gone who next. No evidence leave the old man alone yeah
we are watching and waiting
Bye
Zobon
Hi
I mean Charles Taylor lead the prosecutor by 1 and all you Taylor hater what you have to say is there any hope? no I do not think so you guys need to start preparing for our former president return.
bye
Zobon
Stupidy is all I can say about those who expect taylor back in Liberia! this is all I have to say about that!
It is also stupidy to wish your former president evil. This is all I have to say about you wishing that Mr. Taylor be kept away from Liberia.
Harris K Johnson
Bingo! Naomi Campbell has admitted receiving diamond from taylor, but calls them “Dirty looking stone!” Here is her own words”After the dinner, Campbell and the other guests retired to their rooms and Campbell was awakened in the middle of the night by two men at her door who offered her a pouch, she testified.
“A gift for you,” she said they told her. She said she frequently receives gifts from admirers and didn’t look at it until the following morning.
“I saw a few stones in there. And they were small, dirty-looking stones,” she said.
Now support group tell me how taylor had called this lady’s claim as “total nonesense” all along! I told you taylor does not only appears as liar here but has a lot to hide in this trial! Have a great day evryone!
Fallah, do you want a rocket scientist to come and tell that this whole case is a plan to defame and put out of bound our fromer leader?
Now, let’s start thinking about Liberia when he returns because people who said there will be no court for Liberia will now advocate for one because Taylor is certainly a free man.
Naomi Cambell has distanced Taylor from the whole allegation of giving diamond to her as a gift. What can you say furhter/
Let this man alone, he’s innocent.
This is the day that the Lord has made, we will be glad and rejoice in it.
Uncle fallah, let me ask you this question, Did Naomi tell the court that she received a gift from president Taylor? Did this lady tell the court the names of the fellows who you belived presented the diamonds onbehave of president taylor?
well I told viewers of this blog that bringing Naomi to testify is not important to this trial. i continue to stand by thid statement. any way this had to happend to prove something to all.
who is next? is it George Bush or Tony Blair?
Fallah,
Stop joking mehn…..for real she said that or it’s you who wants to feel SHAMELESS….
She took the wind from beneath the wings of the prosecutors…..
And Perry Mason played on it….he could have continue with Mr. Sessay but wanted the WORLD to read today’s story…..smart move.
J. fallah menjor,
Ms. Campbell “did not” admit receiving diamond or dirty stones from Mr. Taylor.
Mr. Taylor never said that Ms. Campbell did not receive a gift of raw diamonds during his trip to South African. Mr. Taylor said he did not give her a gift of raw diamonds and it was “Total Nonsense” it someone say he did. Ms. Campbell said she did not know if the stones were actually diamonds or if the gift came from Taylor himself.
Ms. Farrow and Ms. White will be like all the other prosecution witnesses, who make up lies to make their story sound good. Both will be rip to pieces by the defense upon cross-examination and the prosecution will not be able to claim they are not their witnesses.
J. fallah menjor,
you need to change your thinking that white is good and black is bad. White westerners has no plan of helping African or any other black people to rise to be equal with them. They will already look at other as inferior. Only African can prove they are equal in this world to others. It do not make any difference if it start with Mr. Taylor as long as it continue to progress to African self-rule.
White people has been telling African what to do every since they can in contact with them. The result has been devastation to African. IT IS TIME THIS BS STOP!
Fallah did you watch the same trial proceedings that I watched? where did kyour get your information from? even in the quotes you included in your comments above where in it did Naomi Campbell say those men who gave her the diammonds where sent by Charles Taylor?
You see no amount of distortion by Taylor haters and their western sponsored media and this fake prosecution will blind true justice seekers to the truth in this case. Naomi Campbell testified in english and her testimony was not cumbersome it was simple to understand. how you and the irresponsible journalists from the western media were not able to understand her clear testimony remains a mystery to me. Even Alpha’s summary attempted to hide the real thing that transpired in the court by stating that Campbell “thought” those diamonds were from Taylor when she clearly said it was one of Mia Farrow or Carole White that suggested that those diamonds must have been from Charles Taylor. it was after that suggestion that she ” “thought” OK thats it”. She had no idea where those diamonds were from beofre those two “friends” suggested to her that they must have come from Charles Taylor. Also why did she not ask those men who is sending her those diamonds? Because she is used to receiving gifts all the time both from people she knows and those she does not know.
It is also stupidy that people will think that Mr. Taylor is responsible for war in Sierra Leone, and wish that Mr. Taylor never return to his father’s land. Stupidy a million time again.
Harris K Johnson
WHAT A WAY TO START THE DAY.NC DID A GREAT JOB TODAY.SOMETIME IT IS ONLY GOOD TO BE GOOD.CAN SOMEONE PLEASE SEE THE TRUE HERE AND LET TAYLOR GO.HOPE SOMEDAYS WE SEE GHANKAY GOING BACK TO LIB TO TAKE HIS OFFICE BACK.GHANKAY WE LOVE YOU TOO MUH.
G—-GOD
H—HAS
A–ANOINTED
N–NEW
K–KING
A—AMONG
Y—-YOU
THAT GHANKAY OUR LEADER
Ok….let’s ask few questions….
This hotel was secured right….no one could move around easily…..how in the hell three BLACK men dressed in BLACK passed security to give Ms. Campbell diamonds?? Could it be David Crane and his boys pulling this to FIX the evidence…..then feeding Ms. Mai Farrow to sweeten the pie??
Something just don’t add up….
Noko4,
where Naomi Campbelllodges was not an hotel. she was lodged within the South African presidential compound. and South Africa is more than 95% black. there were so many people who work in that building attending to guests. even Naomi during her testimony suggested that those men could have been people working there so it was not a strange thing for two black men to knock on her door. It is also instructive to nopte that Charles Taylor was not housed in the same building with Noami campbell. she testified to that. If you know how security works in those types of environment you will know that you only have access to certain areas in such a place if you have the clearance to go there. so Charles Taylor’s “men” could not have had access to that area of the compound unless thay have been given clearance to go there. But this is a prosecution case. they have to show that indeed some members of Taylor’s entourage applied for clearance and got it in order to be able to access the building where Naomi Campbell was lodged. well they have miserably failed to prove their case so it must FAIL and Charles Taylor must be aquitted since the evidence is not there.
Sam,
We are on the SAME PAGE…..HOW if those men were send by Mr. Taylor???
That is exactly what is lacking in the prosecution case- LINKAGE. They have tried in vain to link Mr Taylor to these crimes. and unless they are able to do so, their case is FRIED!
Fallah,
It’s a shame that you will decide to misinterpret a witness testimony.
Naomi Campbell did not say she received diamond or diamonds from Charles Taylor, but from 2 men and did not know who sent the stones to her. According to her, it was either Mia Farrow or Carole White who suggested that the gift may have come from Charles Taylor.
Please stop deceiving interested persons to come to this site to gain information about this trial.
Thanks,
This entire case about C.T and who soever is you say, I say, they say case. This entire thing is like when your bigger brother sent you to do something in his interest, and you go ahead to seek your own interest. All is about, Mr. Taylor where is the millions or billions of dollars? I hear people talking about justice. Where in this world can one see 100% justice? Let’s wait to see or hear what Naomi or what soever they called her will say. Her testimony will not still solve any problem. If she agrees that C.T gave her diamond, she will be putting her self in to big mess. Weak up everybody. This is a game of the old boys’ club.
Men have lost their causes and reasonings. From behind every story, there live another story. Are we playing soccer game, or at the burger king eating some burgers and fries? Charles Taylor did not do what the western world want him to do that’s why he’s in court today.
fallah, your judgement is today(august 5,2010), what have you to say.
don’t be surprise the next person to be called to tesify for the prosecutors is george bush.
don’t be suprise for him to say Ghankay never committed crime, that he goerge bush lied on Ghankay.
I know for sure in my country (America), a judge would have thrown this case out the window by now. Wow, I have never seen a case like this. So peculiar how the world can let this happen. Come to think about it this is Africa, their standards are different from ours. Naomi Campbell was a total burst and the prosecution ought to ashamed of themselves. What a darn shame.
Alpha,
What’s going on with Todays summary, guess you are stuck with today’s prosecution witness. but you got to write something man.
raw
The dust have settled and the wind blows away the lies of the prosecution. Why is this trial still going on? Where is the link of Charles Taylor giving diamonds to a super model? I am prone to agree with Noko5 that this whole supermodel link to this case was a pure covert operation, a fixed by David Crane. They exploited the visit of Taylor to South Africa to develop this lied which they believe would have benefited them in the future.
I want to believe that they were monitoring Taylor’s activities during that period and explioted the occassion when Taylor sat at the same dinner table with the supermodel, and so they set up this diamond fiasco. This whole thing does not make sense.
Taylor and Noami had no special relationship, and they were not involved in any personal association. So how out of the clear blue sky would Taylor send diamonds to Noami as gifts? What was the purpose of such gifts? What did Noami do for Taylor? Or is this prosecution attempting to negativity question the character of this African supermodel? Is the prosecution really saying something negative about Noami Campbell rather than Charles Taylor? Is this another way to put down a black African super beauty?
What a disgrace to this shameless prosecution! Like Mr. Taylor would say , this is “TOTAL NONSENSE!”
fallah , oh fallah, most of your followers will soon run away from you.
ms teage and and other followers are all quiet, becuse there is no hope again, no hope.
Bravo Noami GOD BLESS YOU.
Guys oh guys!!!!
I am so sorry I missed one of the most juicy moments of this trial today. I had to accompany my daughter at the massachusettes state house. She give a speech as mentoir for college kids. However, I was with you guys and president Taylor in spirit. God is teaching us liberians and africans a lesson. Let all remember, it is Taylor today. If we are not careful, these peoploe will always arest and incasurate or kill all our smart leaders. hint to wise is sufficient..thank you