Richard Ness : Trial Log : Court Hearing #4 on 20 September 2005

Court Hearing #4 on 20 September 2005 - 20 Sep 2005
by Eric



In its Decision, the Judge rejected the Objections of the Accused I and the Accused II with the basis that the objections submitted were related to the merit of the case

The Prosecution refused to inform the name of the witnesses who would be presented at the next court hearing by reasoning that such procedure was not required in Law on Criminal Procedure (LCP).

The Legal Attorney for the Accused I and II objected to Prosecution’s refusal and requested the Panel of Judges to order the Prosecution to inform the name of the witnesses who would be presented in the next court hearing. On such request, the Legal Counsel for the Accused I and II were basing their argument with the followings: (i) the court hearing is open [for public] and therefore all evidence should be open for public and (ii) LCP had regulated that the first witness to testify should be the victim witness.

The Judge finally requested the Prosecution to provide the list of witnesses who would be summoned for next court hearings, and reminded that the priority for the next hearing (scheduled on 7 October 2005) should be the witness who truly experienced or suffered from the impacts [of the tailings] as being indicted by the Prosecution, which were the people originating from around the place alleged with pollution.