Thursday, December 23, 2010

"..We will not see anything final with respect to the accusations before March, or even April .."

"... The estimation at the tribunal is that the pretrial judge will take at least 6-10 weeks, perhaps longer, to confirm the indictments in writing. That means we will not see anything final with respect to the accusations before March, or even April, if Bellemare meets a mid-January deadline. Fransen has the latitude to dismiss all or certain charges, or to ask for more evidence, which could add to the time needed for the tribunal to present confirmed indictments.   
During the period when he is considering the draft indictments, Fransen has the option of accelerating proceedings by asking the appeals chamber to consider certain matters of law pertaining to the case. The pretrial judge will quite possibly take advantage of this rule, which involves holding public hearings. While no one would be named in these hearings, something would inevitably be revealed by the tenor of the legal discussions, which would provide the first real hint of the direction and substance of the prosecution’s case.
Until the formal confirmation of the indictments by Fransen, the contents will remain confidential.....
Does the prosecutor have evidence strong enough to prepare indictments that can pass Fransen’s muster? 
how can the tribunal function effectively, and credibly, if the entire trial is conducted in absentia? And how might the absence of the indicted impact on Bellemare’s case, if he relies substantially on circumstantial evidence? ...... ..."

No comments: