Trial Co Counsel Legal Officer (International law)

According to counsel, that amounted to a misdirection which resulted in an unfair trial.

The trial resumed on 11 April 2005, following the assignment of a new lead counsel.

It also gave counsel for the authors' corporation (also counsel before the Committee) the right to present further evidence, if wished, at a new trial.

Unfortunately, difficulties arising from the withdrawal of the Lead Counsel in the Seromba case, has disrupted the trial, and consequently delayed the delivery of judgement. A new Lead Counsel has been appointed and the trial is now in progress.

Twin tracking implies that two trials are heard in consecutive slots, for instance according to the following pattern Trial A five weeks, trial B five weeks, trial A five weeks, etc. Defence counsel in trial A will leave Arusha while trial B is heard.

Also, the Committee notes that the trial lump sum defence counsel payment system was a significant step in ensuring efficient trial strategy preparation by the defence.

None of the three were allegedly accompanied by legal counsel either during interrogation or during the trial.

The insistence by the Trial Chambers on having two Defence counsel and, in the event of illness or absence of one counsel, requiring the remaining counsel to continue, will reduce the occurrence of interruptions of trials.

Mr. Henry was represented by private counsel during the trial and there is no indication that Mr. Henry apos s lack of counsel during the preliminary hearing was due to his inability to pay for counsel.

In the Seromba trial, which commenced on 20 September 2004, there was a need to replace defence counsel.

99. The expedited trial (which only lasted two days), the presentation of dubious evidence and the absence of effective legal counsel all violated minimum international fair trial standards.

When the first hearing began, the Trial Chamber, acting on a request by the accused to which the defence counsel did not object, authorized replacement of the chief defence counsel.

According to the information received, they were allegedly not represented by counsel during pre trial proceedings (13 September 1996).

Acted as counsel in civil litigation on behalf of the Government, including during discovery and trial, and in settlement negotiations.

Recommendations were also made to the Registry with regard to the appointment of Defence Counsel at trial, in order to avoid problems of delay resulting from a change of Counsel on appeal.

Similarly, it does not transpire from the trial transcript that counsel was appointed against the author's will or that he limited his interventions during the remainder of the trial to redundant pleadings.

8. Requests the Tribunal to continue to enhance its engagement with the defence counsel establishment in the facilitation of trial work

If counsel felt that they were not properly prepared, it was incumbent on him to request the adjournment of the trial.

5.3 With respect to the non transmittal of the trial transcript, counsel acknowledges receipt of a copy of the requested documents.

They were not permitted the enjoyment of elementary human rights the right to counsel and the right to a fair trial.

Your Honor, Your Honor, we want the learned counsel from the North to get every fairness and consideration in this trial.

However, counsel for one of the accused was withdrawn from the case, which resulted in a delay in the resumption of trial.

When the trial was resumed on 13 April, the complainant was only able to speak to his counsel for about 15 minutes.

Counsel notes that the author did comment on the ill treatment when he had an opportunity to do so at his trial.

In particular, it appeared from the trial transcript that author apos s counsel did in fact cross examine the witnesses against the author.

It would have been incumbent upon defence counsel, or the author himself, to raise a matter of such importance with the trial judge.

In view of the cost involved and the potential for delay in commencing trial or trial proceedings, there is a need to monitor and evaluate the factors leading to court adjournments and changes in defence counsel.

Counsel claims that all of the above deprived the author of a fair trial, in violation of article 14, paragraph 1, of the Covenant.

3.5 The author claims that his right under article 14, paragraph 3 (b), to communicate with counsel was violated, as he could not consult his lawyer during incommunicado detention, at a critical state of the proceedings, and because the trial judge did not adjourn the trial upon disbarring the author's lawyer and appointing an ex officio defence counsel on 23 March 2000, thereby denying him adequate time to communicate with his new counsel.

However, on 15 April 2005, the accused requested a withdrawal of his assigned lead counsel, which resulted in a delay in the resumption of trial.

1966 1976. Acting Crown Counsel Crown Counsel Senior State Counsel.

He noted that Chief Abiola, from the beginning of his trial had freely appointed a counsel of his choice in the person of Chief G.O.K. Ajayi.

In the third phase of the trial, defence counsel for Clément Kayishema also made a motion for defence witness protection measures, to which the Chamber agreed.

The net increase in resources primarily reflects additional requirements for defence counsel fees ( 1,492,300) owing to the higher than estimated number of hours to be booked for the pre trial and trial stages required in some of the multiple accused cases.

5.6 As regards the author's claim that article 14, paragraph 3 (b), was also violated because the trial judge did not adjourn the trial after having replaced his lawyer by an ex officio counsel, thereby denying him adequate time to consult with his new counsel to prepare his defence, the Committee notes that the material before it does not reveal that the author, or his new counsel, requested an adjournment on grounds of insufficient time to prepare the defence.

3.2 Counsel submits that there are several factors in the author apos s case which give reason to believe that he did not receive a fair trial.

It is stated that neither Mr. Morrison nor Mr. Graham were consulted about the change of counsel which took place on the second day of the trial.

3.1 Counsel claims that, during the trial, the judge made comments prejudicial to Mr. Tomlin apos s case and that his directions to the jury were inadequate.

Without such organizations, virtually all accused persons would have no access to defence counsel and the fundamental right to a fair trial would only exist on paper.

The Advisory Committee notes that the cost overrun of 1,530,100 under contractual services is due largely to additional requirements for defence counsel owing to the higher than estimated number of hours booked for the pre trial and trial stages in some cases.

25. Trial Chamber 2 began the Tribunal apos s third trial, the trial against Clément Kayishema and Obed Ruzindana (the two only indictees to have been arrested so far in case No. ICTR 95 1 T) on 9 April 1997. After having heard 15 witnesses brought by the Prosecution, the trial was adjourned to allow more time for the defence counsel to prepare their case.

(d) The introduction of a lump sum payment system for defence counsel for all pre trial activities as an alternative to the fixed hourly system currently in place.

3.4 Counsel claims that the trial judge, in his summing up, misdirected the jury as to the admissibility of the statement given by the author to the police.

23. The apparent practice of not permitting defendants to communicate with their legal counsel in private is a clear violation of international human rights standards for fair trial.