Friday, 12 November- The intermediary who helped the Prosecution contact potential witnesses reiterates that he never asked them to give false testimony, nor did he obtain financial gains as a result of his collaboration with the OTP. During his three-day testimony, the Defence of Thomas Lubanga has questioned Intermediary 316 about payments and salaries received while working with the Prosecution. A significant portion of the witness's testimony has been heard in private session to conceal his identity; redactions and continuous short pauses have made it extremely difficult for the audience to follow the proceedings and for journalists to report on it.
The Defence has shown the witness some receipts of the payments he received from the Office of the Prosecutor. As the witness has explained, the receipts at the Defence's disposal correspond to the reimbursements for his expenses while he worked with the Prosecution. Seeking to poke holes in the intermediary's testimony, Defense Attorney Mr. Desalliers highlighted the period of time when Intermediary 316 was no longer providing services to the OTP, and yet still continued to receive certain payments.
As it was revealed, prior to the intermediary signing his contract with the Prosecution in November 2005, he collaborated informally with the OTP. "It was not a salary; it was the reimbursement for the expenses incurred. The payments were based on the number of days I worked. It was a daily subsistence allowance," the witness explains. But according to Lubanga's lawyers, the documents in their possession show that Intermediary 316 not only received compensation for living expenses, but he also received a salary in the period preceding his contract - since April 2005 - and after his contract - from 2006 until 2008. The intermediary insists he never received unjustified money, and that all those payments covered the expenses of his missions, for example in Kampala.
Intermediary 316 has also denied, once again, bribing witnesses into fabricating their testimonies for investigators and before the Court. The witness has clearly answered the question put forth by Prosecution Attorney Mr. Sachdeva regarding the allegations of misconduct made against him: "No, I did not do that."
Throughout its case, the Defence has alleged that the OTP intermediaries corrupted evidence and therefore the judges must dismiss the case against its client on the grounds of abuse of process. Some of their accusations singled out Intermediary 316. Witness 16, called by Mr. Lubanga, testified that he planned with Intermediary 316 to lie to the OTP investigators. "The fib was to say that Thomas Lubanga had enrolled children in the army and I myself was amongst them," he told the judges. The youngster, an alleged former child soldier with supposed alcohol problems told the Court that Intermediary 316 persuaded him to say that even children from his own family had been recruited by the UPC, the political-military movement allegedly lead by Thomas Lubanga.
Next witnesses to testify
The Prosecution confirmed its intention to replace Witness 555 and asked the Chamber for permission to call a new witness, Witness 598.
As it was revealed on 5 November, the Prosecution had found some details relating to Witness 555 that might compromise his credibility; they consequently decided not to call him to testify. Witness 555 is a former child soldier who was scheduled to give evidence on the pressures and intimidations applied by Lubanga's supporters on those who collaborated with the ICC.
Ms. Olivia Struyven informed the Chamber today that - as it is the Prosecution's opinion that the allegations made against Witness 555 are not clear - Witness 598's testimony may shed some light on them. The Prosecutor Attorney has explained that Witness 598 was in close contact with Witness 555 and he is well placed to verify that this witness was indeed a child soldier in the UPC and was subjected to threats as a result of his collaboration with the OTP.
"The Defence has said certain individuals have lied to [receive] benefits from NGOs [in terms of education]. The email Witness 555 sent to Witness 598 [containing threats against the youngster] was sent when he finished university. There are no reasons for 555 to lie about the threats or get any benefit from 598 because he had finished his university. If he wasn't a soldier, he wouldn't receive threats," explains Ms. Struyven. As the lawyer said, Witness 598 has a similar story to Witness 555 and sustains the Prosecution's main argument that Defense witnesses were pressured by Lubanga's backers to testify in support of the abuse of process.
The intention of the Office of the Prosecutor is to refute the accusations of wrongdoing against its collaborators, and to do so, the Office will also call two investigators. On 16 November at 9.30, the first individual - Witness 582 - will give evidence by deposition according to Art. 64 of the Rome Statute.
The court will not sit next week.
