In the Lubanga case, a witness, having been called by the Prosecution, suggested that he had provided a false name to the Prosecution, and that his first witness statement was substantially inaccurate.
By its Decision of 1 February, the Trial Chamber ordered the Prosecution to take further statement from the witness in order for the witness to clarify his evidence.
Subsequently, the Prosecution concluded that the witness is unreliable and decided not to recall him. If, however, the witness is recalled, the Prosecution sought to cross-examine him.
The Trial Chamber considered that the witness remained a Prosecution witness whose evidence was adjourned. The Chamber further found that, once a party has called a witness, he or she cannot be withdrawn before their testimony is complete, without the leave of the Court.
The Chamber held that notwithstanding the Prosecution’s desire to abandon the witness, the latter will be recalled to continue giving evidence as a Prosecution witness. At the same time, the Chamber allowed the Prosecution to cross-examine the witness since he shown “hostility” towards the Prosecution.