4
*
*
*
8.
That it is essential that the Court ensure, for the resolution of the issues at stake,
the determination of the truth and the most complete presentation of facts and arguments
by the parties, guaranteeing both the right of defense of the parties and the possibility of
adequately addressing all of the cases before the Tribunal. Consequently, it is necessary to
receive the greatest possible number of declarations of alleged victims, testimonies and
expert reports through sworn written statements (affidavits), and to summon to public
hearings only those alleged victims, witnesses and expert witnesses whose oral declaration
is truly indispensable, taking into account the circumstances of the case and the object of
the declarations, testimonies and expert reports in question.
9.
That on the basis of the foregoing considerations and Article 50(3) of the Rules of
Procedure, this Presidency deems it fitting to receive by affidavit the declaration of Mr.
Tyrone DaCosta Cadogan, proposed by the Commission and the representatives; the expert
reports of Prof. Nigel Eastman and Edward Fitzgerald QC, proposed by the representatives,
and the expert report of Mr. Anthony V. Grant, proposed by the State (supra Considering
para. 6). This Presidency observes that the parties had offered all of the above-mentioned
declarations through sworn written statements (affidavits). The object of their declarations
will be determined in the operative paragraphs of the present Order (infra Operative
Paragraph 1).
10.
That the State offered the expert testimony of Dr. Brian MacLachlan and of Mr.
Anthony Blackman to be rendered before the Court during the public hearing in the present
case or through a sworn written statement (affidavit), or both. However, taking into account
the proposed object of their expert reports3, as well as the circumstances of this case, and
for reasons of judicial expediency, this Presidency does not deem it indispensible to receive
Dr. Brian MacLachlan’s or Mr. Anthony Blackman’s expert reports orally during the public
hearing, but rather through sworn written statements (affidavit). This Presidency shall
determine the object of their expert reports in the Operative Paragraphs of the present
Order (infra Operative Paragraph 1).
11.
That the representatives offered the expert testimony of Dr. Timothy Green to be
rendered before the Court during the public hearing in the present case. However, taking
into account the proposed object of his expert report4, as well as the circumstances of this
case, and for reasons of judicial expediency, this Presidency does not deem it indispensible
to receive Dr. Timothy Green’s expert report orally during the public hearing, but rather
through a sworn written statement (affidavit). This Presidency shall determine the object of
his expert report in the Operative Paragraphs of the present Order (infra Operative
Paragraph 1).
12.
That in conformity with the right of defense and the adversarial principle, as well as
Article 50(3) of the Rules of Procedure, the declaration of the alleged victim and the expert
reports received through sworn statements (affidavits) shall be transmitted to the other
3
The State defined the object of Dr. Brian MacLachlan´s expert report as “the processes and facilities
related to the Psychiatric Hospital and psychiatric assessment in criminal cases, [and] the ethical and professional
obligations of psychiatrists.” The State defined the object of Mr. Anthony Blackman’s expert report as “the law and
procedure related to the defence of diminished responsibility.”
4
The representatives defined the object of Dr. Timothy Green´s expert report as “the psychological
examination he carried out on the alleged victim and his subsequent psychology report concerning the alleged
victim’s mental state with regard to defenses at trial and the imposition of the death sentence.”