Friday November 7, 2008.
10:00 a.m.: Court resumed in open session and after representations were announced, Lead Defense Counsel Courtenay Griffiths informed the Court that he had a serious matter to raise before the Court. He stated that some serious allegations have been made against his Co-Defense Counsel Terry Munyard which might need to be discussed in private session. Prosecution Counsel Brenda Hollis had no objection to the Court going into private session.
Court went into private session.
When Court resumed in open session, Presiding Judge Teresa Doherty informed the Court that based on arguments heard in private session, the chamber had a ruling to make. She stated the following:
- That arguements on the said issue were heard yesterday
- That Mr. Munyard was withdrawing from the case for reasons of professional ethics
- That since another counsel will have to take carriage of the witness listed to testify today, that counsel will require more time to prepare for the cross-examination of the witness
- That because of this, the Court will be adjourned until Wednesday November 12, 2008.
Defense Counsel Griffiths informed the Court that he had two more issues to raise:
1. That a friend referred to by the previous witness in his testimony yesterday should be identified, and
2. Now that the witness will not commence cross-examination until November 24, it is wise that all calls made to and by the witness be monitored.
Prosecution Counsel Hollis responded that:
1. What is the basis for monitoring the witness’s calls and how will such calls be monitored once the witness leaves The Hague? and
2. That no one should independently try to contact the friend as that might have security implications for the witness.
She also stated that if the Defense wants to make an application for this, they should do so by written motion.
Presiding Justice Doherty agreed with the Prosecution on this. Defense counsel Griffiths stated that it will be wrong if the witness will have to leave The Hague prior to his cross-examination. The presiding judge noted the obeservation.
Court adjourned until Wednesday November 12, 2008.