Whether a Pre-Trial Judge (‘PTJ’) could rely on untested sources by the Defence concerning allegations put forward by the Prosecution to substantiate the existence of any of the risks contemplated under Article 41(6)(b) of the Law on Specialist Chambers and Specialist Prosecutor’s Office (‘KSC Law’), justifying the need for detention, to rule on an application for interim release.
Whether finding a risk of obstruction of the proceedings could be based on a pattern of conduct, or necessarily required specific instances of criminality or improper conduct by the accused.
Whether the risks contemplated under Article 41(6)(b) of the KSC Law continued to exist and, if so, could be adequately addressed by the proposed conditions by the Defence or any other conditions imposed by the PTJ.
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