The Motion requested the Defence be handed a courtroom video record which allegedly shows that the Presiding Judge of the Trial Chamber (Adolphus Karibi-Whyte) was asleep during substantial portions of the Celebici trial.

In view of the Prosecution's objection and in the absence of "first hand and detailed evidence citing specific instances (...) in affidavit form (...) which demonstrates that access to the video recording is likely to materially assist in the presentation of his case on appeal", the Appeals Chamber rejected the Motion. However, it stated that if evidence falling within that description is submitted with a fresh Motion, relief will be granted - that is - the video record will be provided to the Defence.