speaks on ...
speaks on ...
the role of the Evidence section in terms of exculpatory material
I have to say that there was a, a very, very, what do you call it, a very, very lively debate on what the role of the section, our section should be in terms of exculpatory material. And I remember that our standpoint was that the attorneys are the most equipped to make a decision on what is exculpatory because they know the facts of the case.
Because there are nuances you see. It may not say the accused is neces-, it may not be a clear cut case. You need to have the temperature of the trial, see what the defense is saying, to see whether this actually supports the theory of the defense, defense to make that determination that it is exculpatory.
So, my point was that where we are sitting, we are not equipped to make those judgments and it’s a very important one. So that’s, that is, you know – so we ended up saying yes, trial teams, they can solicit our systems but they have to tell us what they’re looking for.
Ayodeji Fadugba speaks on...
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October 23, 2008
Lisa P. Nathan
Voices from the Rwanda Tribunal team