Prosecutors Admonished for Late Disclosure in Lubanga Case
Judge Adrian Fulford, lead judge on the three judge panel sitting at the International Criminal Court to hear the case against Thomas Lubanga inquired of the prosecutors why they were late in disclosing evidence to the defense. The defense complained that the late disclosure of information relating to their witnesses just before the witnesses were to be called made preparing the direct of the testimony difficult.
The prosecution apparently had information relating to the witnesses and other witness that was not disclosed until last week. Judge Fulford said the information should have been disclosed by December of 2009 “if not substantially earlier.” A full report of the case is available here. The size and complexity of these cases make them difficult for both sides. The prosecution has an advantage in staff and information. There is a great deal of information and a number of sources to keep track of as the investigations progress. The trial in this case started in January 2009, Lubanga was brought before the court in 2007 and has been in custody since then.
Lubanga is the first person to go on trial at the International Criminal Court. Lubanga is accused of using child soldiers in his rebel army in the Democratic Republic of Congo.
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