The motion claims that this lawyer, Rifat Konjic, made “highly inappropriate” interventions during the interview including “volunteering information on behalf of the accused”.
These interventions have been almost entirely omitted from the English version of the interview transcript, a fact which contributes to the unreliability of the interview as evidence, the defence argue.
In addition, the motion criticises the fact that in between the recording sessions, Oric was allowed to consult outside sources to find out information that he had not previously known himself.
This, the defence argue, could be misleading, since, according to their submission, “The prosecution, during the course of the trial, has repeatedly relied on the interview to seek to show that Naser Oric was informed of events in 1992 and 1993 in order to prove command and control.”
Although Oric’s lawyers originally raised their concerns over the reliability of the video more than two and a half years ago, no action was taken. The trial judges have said they expect to reach a decision on this issue next week.