Towards a New Trial Theory; Procedural and Evidenciary Fairness in the context of Unsettled Practice in International Criminal Proceedings

The thesis topic centres around the rules of evidence and procedure in international criminal trails. Specifically the dissertation examines the manner in which the common law and civil law trial models have influenced the development of international criminal proceedings, and the impact this has had upon the imperative to meet with the international standard of a fair trial. The thesis illustrates this point by evaluating the procedural and evidentiary tensions that arose in the trial of Prosecutor v José Cardoso Fereira (known as the Lolotoe trial) as a case study. This trial was heard before the Special Panel for Serious Crimes, East Timor, in which I appeared as sole defence counsel.