The Prosecution was also ordered to provide an explanation for those payments.
The Prosecution, according to the Defence, communicated with the person for several years although it ultimately did not call him as a witness in any case before the Special Court.
The Defence maintained that the Prosecution had made numerous payments to the person estimated at $ 30,000 in total.
The Prosecution, whilst not denying that it had made the alleged payments, submitted that it was not under an obligation to disclose material relating to the payments as the person was not called to testify on behalf of the Prosecution.
In this regard, the Chamber found that the Prosecution was under obligation to disclose to the Defence in relation to the person any exculpatory material, regardless of whether or not the latter was called by the Prosecution to testify.
The Chamber further noted that the payments have not been made by the Witness and Victims Service of the SCSL and appear to be beyond that which is reasonably required for the management of witnesses or victims.
Accordingly the Chamber held that they should have been disclosed by the Prosecution as evidence which may affect the credibility of the Prosecution evidence.
Taylor, Decision on Defence Motion for Disclosure of Statement and Prosecution Payments Made to DCT-097, Case No. SCSL-03-1-T, T. Ch., 23 September 2010.See also "Taylor case: Prosecution shall disclose records of payments to its potential witness".