Taylor may be able to consult defense counsel during his testimony

On Monday the Special Court for Sierra Leone held a pre-trial conference to talk about the start of Charles Taylor’s defense, set for June 29. Here are some of the issues that were discussed:

• There was debate over whether defense lawyers should have access to Taylor during his testimony. The prosecution said no, citing ICTY precedent. Defense acknowledged that typically the accused does not have access to a lawyer once he/she becomes a witness, but said that in this case Taylor needed access to his lawyers to 1) consult on future witnesses that will testify for the defense and 2) consult on the content and length of his own testimony. Prosecution argued that if Taylor was granted this privilege it should be an open area for cross-examination. Defense said this would be a breach of legal privilege, and he found prosecution’s position offensive because they were suggesting that defense lawyers might encourage Taylor to lie. Prosecution countered that often during the first phase of the trial defense had suggested that prosecution encouraged witnesses to lie. It appears that the judges asked prosecution and defense to settle this matter on their own.
• The ICC asked for use of the court for two weeks in October. Thus the Taylor trial will recess for three weeks starting October 5.
• Taylor’s testimony will last between 6 and 8 weeks.
• Defense must provide a witness order 2 weeks before a witness will testify.
• There will be a status conference on June 22.
• The defense will issue a final witness list on Friday, June 12.
• The defense has said that 4 former African leaders will testify for Taylor. Prosecution asked for the names of these individuals. I’m not sure how this was resolved—perhaps their names will be included on the June 12 witness list.
• Defense said their case will last 348 trial days. This seems extraordinarily long to me, and it is not clear whether this includes cross-examination.