chombopoa,
Tactically, the OTP made a huge blunder. She had thought that the witnesses would be declared hostile and their original testimony blindly admitted. What she failed to reckon with was that the witnesses would be so adamant in their recantation, the judges unwilling to give her unlimited latitude, and defense lawyers who would be very aggressive and prepared.
Even if their current utterances are declared lies and the original statements admitted, Kigen, Khan and Faal still reserve the right to cross examine them on the points those statements raise.
I do not think that the judges are going to admit those statements.
When fools are left on their own, they share their idiocy fairly so that in the end they are balanced and in total agreement. It is one thing to peddle falsehoods but it is another to create your own false "reality". They harass away anybody who tries to chip in with some sense. They are so protective of their collective idiocy. I will pick out some for intelligent dissection. Let's start with The Ayatollah of Teheran -Njamlik:
1. He still continues to show unending "sympathy" for his greatest enemy Bensouda. See how he decries the "blunder" that poor Bensouda has made?
2. He "rightly" points out what the poor stupid and ignorant OTP staffed by some of the World's poorest brains did not foresee: That hostile witnesses's statements are not automatically admitted in to the body of evidence! Can't you also marvel at Eminent Advocate Njamlik's scholarship?
3. Notice how unlike the OTP lawyers, he "unfails" to reckon with that hostile witnesses are usually hostile and remain adamant in maintaining their hostility; That judges and defense have to remain alive to the rights and privileges of the same hostile witness (however limited)!!
4. Unlike the OTP, Hon Njamlik the Legal Scholar discovers that cross examination (above) contains limitations especially as concerns the fundamental rights of the witness and constitutional protections or undertakings hitherto entered
5. He makes a rare "discovery": That defense lawyers have an inalienable right to also cross-examine prosecution witnesses - whether hostile or not!!!
6. Finally, with no reason advanced and with no basis provided, "Justice" Njamlik pronounces his judgement: The statements will not be admitted. Note that they are already admitted and that is why the witness is being cross examined about the very statements!!!