February 6, 2023 [Liberia] Day 8: The proceedings begin in Monrovia
The eighth day of the appeals hearings marked the beginning of the hearings in Monrovia, Liberia. The previous week, the Appeals Court had examined some geographical locations in Lofa County and Monrovia, Liberia.
Witness Civilian 7’s recorded testimony is viewed
The first witness scheduled for the hearings in Monrovia was Civilian 7. However, the witness notified the Court that they were not willing to attend the session as they were in Cote d’Ivoire at the time of the hearing and not able to travel to Monrovia.
This sparked a discussion in Court on using Civilian 7’s recorded witness testimony from the District Court as a replacement. Under Finnish law, the use of earlier recorded testimonies in appeals proceedings is only provided for when a witness is clearly unable, not just unwilling, to appear before the court. In Finland, if the witness is unwilling to attend, the police would escort them to court. However, this was not an option here, as Finnish authorities have no jurisdiction in Liberia or Cote d’Ivoire.
The prosecution and defense provided their views on such situations from both legal and practical points of view. The prosecution’s opinion was that the Court could not use the recordings from District Court, as Finnish law did not provide for such an option. The defense agreed with the prosecution on the legal point, but all parties involved discussed at length the practical implications of unforeseen changes to the schedule and how it might affect the evidence received in the case in general.
In the end, the prosecution and defense indicated that they wished the Court of Appeal to decide how the proceedings should react to similar situations in the future. After a brief deliberation, the Court delivered a decision, whereby it allowed the use of previously recorded witness testimonies in situations where it was deemed practically impossible to have the witness appear before the Court of Appeal in Liberia within the specified schedule. This decision was justified by the special circumstances present of this case in Liberia and the fact that Mr Massaquoi’s trial had already lasted multiple years. According to the Court of Appeal, the probability of Civilian 7’s attendance was taken into account, and it was held that the procedure could not be delayed just to attempt to get every single witness to appear personally before the Court.
After the decision was announced to the parties, the Court proceeded to watch the recording of Civilian 7’s previous testimony before the District Court.
