Tuesday, 26 October 2010 - The Lubanga trial is having difficulty restarting. Witnesses expected to testify this week are not ready once again. Problems with passports and visas, coupled with a few misunderstandings, impose more delays and provoke certain weariness in the Chamber. Today, Judge Fulford is obliged to reschedule the agenda with the Prosecution for the upcoming days.
The Chamber has been informed that Witness 38 was unable to travel to The Hague because his passport and visa were not issued yet, which means he will testify - "at the earliest" - in the week of November 8. As the Prosecution explained, Witness 38 is a former child soldier in the UPC who will refute Defence allegations of misconduct by Intermediary 316. According to Lubanga's lawyers, the intermediaries who collaborated with the OTP bribed witnesses into giving false testimony. To disprove the Defence's arguments, the Prosecution will call seven witnesses, including two investigators and one intermediary.
Judge Fulford informs the room that Witness 555 is also not ready to take the stand next week. This individual is supposed to testify on the alleged climate of fear and harassment in Bunia - the capital of Ituri and Lubanga's stronghold - against people who have cooperated with the ICC. The Prosecution must still decide whether or not it will call Witness 555 or replace him with a new witness to challenge the abuse of process allegations.
There is one witness who seems to be able to testify on Monday next week: Intermediary 321. His testimony should have been heard this week via video link from Ituri, but instead he is travelling to The Hague due to miscommunication between the Prosecution and the Victims and Witnesses Unit. The OTP intermediary, whose evidence was suspended on 7 July when the judges ordered the disclosure of the identity of Intermediary 143 to the Defence, will need five days to familiarise himself with the content of his evidence as three months has passed since he last appeared in court.
