In its motion of 10 January, the Defence argued that the leaked cables “clearly indicate, inter alia, two things: 1) the USG’s desire to ensure that Mr. Taylor does not return to Liberia ... 2) proof that there is and have been contacts between the Trial Chamber, the Prosecution and the Registry, respectively, and agents of the USG outside the official lines of communication.”
This, according to the Defence “raises grave doubts about the independence and impartiality of the Special Court’s prosecution of Charles Taylor. Viewed objectively, the evidence could lead to the reasonable conclusion that the indictment and trial of Mr. Taylor by the Special Court is no more than an extension of United States foreign policy interests in West Africa, with there being no genuine connection to any alleged crimes in Sierra Leone.”
Despite the Prosecution’s objection, the Chamber admitted the documents and noted that they “can be related to submissions made by defence counsel as well as sworn evidence by the accused”.
One of the judges of the Chamber, Julia Sebutinde, attached a declaration in which she stated that “it would be in the interests of justice for me to voluntarily withdraw myself from a decision on this Motion. The USG Code Cable ... involves a statement that un-named “sources in the Prosecution, Chambers and the Registry” ... allegedly made certain specific allegations against me...” She further declared that “while I am completely innocent of the allegations ..., in order for justice to be seen to be done, I should not participate in the deliberations or decision relating to this motion.”
(See also next post).
Taylor, Decision on the Urgent and Public with Annexes A-C Defence Motion to R-Open its Case in Order to Seek Admission of Documents Relating to the Relationship between the United States Governement and the Prosecution of Charles Taylor, Case No. SCSL-03-1-T, T. Ch., 27 January 2011.