¹[12.  (1) Where an accused person is not represented by counsel, the Tribunal may, at any stage of the case, direct that a counsel shall be engaged at the expense of the Government to defend the accused person and may also determine the fees to be paid to such counsel.

(2) In addition to any other disclosure provided for in this Act, the prosecutor shall, as soon as practicable, disclose to the defence any evidence in the prosecutor’s possession which he believes shows the innocence of the accused, or mitigates the guilt of the accused, or which may affect the credibility of prosecution evidence.

(3) Reports, memoranda or other internal documents prepared by the investigation or the prosecution in connection with the investigation or preparation of the case are not subject to disclosure.

(4) Where material or information is in the possession or control of the prosecutor which must be disclosed in accordance to this rule, but disclosure may prejudice further or ongoing investigations, the prosecutor may apply to the Tribunal for a ruling as to whether the material or information must be disclosed to the defence and the matter shall be heard on an ex parte basis by the Tribunal.

(5) Communications made in the context of the professional relationship between a person and his legal counsel shall be regarded as privileged, and consequently not subject to disclosure, unless:

(i) The person consents in writing to such disclosure; or

(ii) The person voluntarily disclosed the content of the communication to a third party, and that third party then gives evidence of that disclosure.

(6) In case of doubt as to the application of this provision, the Tribunal shall take decision.]